Louisiana. Constitutional Convention (1973).

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

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CC-1013

C. P. No. 8
\ authority for all purposes of this Section as though it were
% such a school district.
\ (C) The legislature may increase the debt limitations

4 established in this Section by general or special law passed

5 by a two-thirds vote of the elected membership of each
9 house.

7 (D) Bonds and other debt obligations payable from

8 acreage taxes, sales and use taxes, excess revenues, special

9 assessments, or other special revenues shall not be con-

10 sidered to be bonds payable solely from ad valorem taxes

11 for all purposes of this Section.

12 Section 39. Limited Time for Contesting Bonds of Political
18 Subdivisions

14 Section 39. (A) For a period of sixty days from the pro-

16 mulgation of the result of any election held for the purpose
18 of incurring or assuming debt, issuing bonds, or levying a

17 tax, any person in interest shall have the right to contest the

18 legality of such election, the bond issue provided for, or the

19 tax authorized, for any cause; after which time no one
£0 shall have any cause or right of action to contest the regu-
tl larity, formality, or legality of said election, tax provisions,
82 or bond authorization, for any cause whatsoever. If th>;

23 validity of any election, tax, debt assumption, or bond issue

24 authorized or provided for, held under the provisions of this

26 Section, is not raised within the sixty days herein prescribed,
28 the authority to incur or assume debt, levy the tax, or issue

27 the bonds, the legality thereof, and the taxes and other

28 revenues necessary to pay the same shall be conclusively

29 presumed to be valid, and no court shall have authority to

30 inquire into such matters.

31 (B) Every ordinance or resolution authorizing the issu-
82 ance of bonds or other debt obligation by a political sub-
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J^ division shall be published once in the official journal of

2 the political subdivision, or if there is none, then in a news-

J paper having general circulation therein. For a period of

4 thirty days from the date of the publication any person in

5 interest may contest the legality of the ordinance or reso-
g lution, the bonds or other debt obligation authorized there-

7 by, and of any provision therein made for the security and

8 payment of the bonds. After this time, no one shall have

9 any cause of action to test the regularity, formality, legality,

10 or effectiveness of the ordinance or resolution, bonds, or

11 other debt obligations, and provisions thereof for any cause

12 whatever; and after this time it shall be conclusively pre-
18 .sumed that every legal requirement for the issuance of the
14 bonds or other debt obligation, including all things pertain-

16 ing to the election, if any, at which the bonds or other debt
18 obligation were authorized, has been complied with, and no

17 court shall have authority to inquire into any such matters

18 after the lapse of this thirty days.

19 Section 40. Local Improvement Assessments

20 Section 40. (A) The legislature shall provide by special

21 or general law the procedures by which political subdivisions

22 levy and collect local or special assessments on real prop-

23 erty, for the purpose of acquiring, constructing, or im-

24 proving works of public improvement.

26 (B) Certificates of indebtedness may be issued to cover
28 the cost of any such public improvement which shall be se-

27 cured by the pledge of the local or special assessments levied

28 therefor, and may be further secured by the pledge of the

29 full faith and credit of the political subdivision.

80 (C) The governing authority of the political subdivision

81 issuing certificates of indebtedness payable from sources
32 other than ad valorem taxes, and pledging its full faith

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C. P. No. 8

1 and credit to the prompt payment of the principal and

2 interest thereof, shall levy or cause to be levied on all tax-

3 able property in the political subdivision ad valorem taxes,

4 without limitation as to rate or amount, fully sufficient to

5 make up any deficit in the other sources of revenue
g pledged to the payment of the certificates.

7 Section 41. Revenue-Producing Property

g Section 41. The legislature may authorize political subdi-

9 visions to issue bonds or other debt obligation for the pur-

10 pose of constructing, acquiring, extending, or improving

11 any revenue-producing public utility. The bonds or other

12 debt obligation may be secured by mortgage on the lands,

13 buildings, machinery, and equipment or by the pledge of the

14 i!!c.:me and n^venues of such public utility; and shall not

15 1 e a charge upon the other income and revenues of the polit-

16 ical subdivision.

17 Section 42. Ports

18 Section 42. All deep-water port commissions and all deep-

19 water port, harbor, and terminal districts as they are now

20 organized and constituted, including their powers and func-

21 tions, structure and organization, and territorial jurisdiction,

22 'ire ratified and confirmed and shall continue to exist, ex-

23 cept that :

24 (A) The legislature may diminish, reduce, or withdraw

25 from any such commission or district, including the Board

26 of Commissioners of the Port of New Orleans, any of its

27 powers and functions and may affect the structure, organi-

28 zation, distribution, and redistribution of the powers and

29 functions of any such commission or district, including its

80 territorial jurisdiction, only by act passed by at least a two-

81 thirds vote of the elected membership of each house ;

82 (B) The legislature may by law grant additional powers

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\ and functions to any such commission or district and may

2 create new port commissions or port, harbor, and terminal

3 districts by law; provided, however, in so doing the legisla-

4 ture shall not restrict or diminish the powers and functions,

5 structure and organization, or territorial jurisdiction of an
g established deep-water port except by at least a two-

7 thirds vote of the elected membership of each house ;

8 (C) (1) Notwithstanding the provision of Paragraphs (A)

9 and (B) of this Section, the legislature shall by law pro-

10 ^'i'ip foi" s chan.i^e in the method of selection and composition

11 of the Board of Commissioners of the Port of New Orleans

12 and define its territorial jurisdiction.

13 (2) After the exercise of authority as provided in sub-

14 paragraph (1) above, the legislature may only affect the

15 Board of Commissioners of the Port of New Orleans as pro-

16 vided in Paragraphs (A) and (B) of this Section, except

17 that no change in the territorial jurisdiction of said port

18 shall affect the territorial jurisdiction of any other existing

19 deep-water port.

20 (3) In the event the legislature does not exercise the au-

21 thority granted in subparagraph (1) above within ten years

22 after the adoption of this constitution, the composition and

23 territorial jurisdiction of said board shall not be changed ex-

24 cept in compliance with Paragraph (A) and (B) of this Sec-

25 tion.

26 Section 43. Levee Districts

27 Section 43. (A) Levee districts as now organized and

28 constituted shall continue to exist, except that :

29 (1) The legislature may provide for the consolidation, di-

30 vision, or reorganization of existing levee districts or create

31 new levee districts; provided, however, the members of the

32 boards of commissioners of such districts shall be appointed

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C. P. No. 8

1 or elected from residents of such district ;

2 (2) Any levee district whose flood control responsibilities

3 are limited to and which is situated entirely within the

4 boundaries of one parish may be merged and consolidated
f) into such parish under the terms and conditions and in the

6 manner provided in Section 18 of this Article. This provi-

7 sion shall be self-operative.

8 (B) No action taken hereunder shall impair the obligation

9 of any outstanding bonded indebtedness or of any other con-

10 tract of such levee district.

11 Section 44. District Taxes; Orleans Levee District Tax

12 and Refunding Bonds; Increase in Tax to Raise Additional

13 Funds

14 Section 44. (A) For the purpose of constructing and main-

15 taining levees, levee drainage, flood protection, hurricane

16 flood protection, and for all other purposes incidental thereto,

17 the governing authority of each district, may levy an-

18 nually a tax not to exceed five mills on the dollar, except

19 the Board of Levee Commissioners of the Orleans Levee Dis-

20 trict, which may levy annually a tax not to exceed two

21 and one-half mills on the dollar, on all taxable property sit-

22 uated within the alluvial portions of said district subject to

23 overflow.

24 (B) Should the necessity to raise additional funds arise

25 in any levee district for any of the purposes herein set

26 forth, or for any other purpose related to its authorized

27 powers and functions which may be specified by the legis-

28 lature, the tax herein authorized may be increased ; pro-

29 vided, however, before taking effect, the necessity for the

30 increase and the rate thereof shall be submitted to the elec-

31 tors of such district and no increase in taxes shall occur

32 unless a majority of the electors in such district who vote in

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1 the election hereinabove provided for vote in favor there-

2 of.

Q Section 45. Bond Issues

4 Section 45. (A) Subject to the approval of the State

5 Bond Commission or any successor thereto, the governing
g body of any levee district may fund the avails of said taxes
Y or other revenues into bonds, or other evidences of indebted-
g ness, the proceeds thereof to be used for the purposes men-
9 tioned in this Article or for the funding or payment of any

10 outstanding indebtedness.

11 (B) Bonds issued under the authority of the foregoing

12 provision shall be sold in accordance with applicable pro-

13 visions of the Louisiana Revised Statutes relating to the

14 issuance of bonds by levee districts.

15 Section 46. Interstate Districts

Ig Section 46. The legislature, with the concurrence of an

lY adjoining state, may create levee districts composed of terri-

18 tory partly in each state, and may authorize the construc-

19 tion and maintenance of the levees wholly within another

20 state.

21 Section 47. Cooperation with Federal Government

22 Section 47. All governing authorities of levee districts

23 which have been, or may be created, are authorized to co-

24 operate with the federal government in the construction

25 and maintenance of the levees in this state, on such terms

26 and conditions as may be provided by the federal author-

27 ities and accepted by the levee districts.

28 Section 48. Compensation for Property Used or Destroy-

29 ed ; Tax

80 Section 48. (A) Lands and improvements thereon here-

81 after actually used or destroyed for levees or levee drain-

82 age purposes shall be paid for at a price not to exceed the

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C. P. No. 8

1 assessed value for the preceding year; provided, if prop-

2 erty used or destroyed for levees or levee drainage pur-
8 poses from a landowner shall exceed more than one-third
4 the value of that landowner's property and improvements.
B the land and improvements thereon used or destroyed for
such purposes shall be paid for at fair market value; and

7 provided further, nothing contained in this Paragraph with

8 respect to compensation for lands and improvements shall

9 apply to batture or to property the control of which is

10 vested in the state or any political subdivision thereof for

11 the purpose of commerce.

12 (B) If the district has no other funds or resources out of
18 which such payment can be made, it shall levy, on all tax-

14 aMe p'. operty situated within the district, a tax sufficient

15 to pay for said property so used or destroyed to be used
1 J solely in the district where collected.

17 (C) Nothing contained in this Section shall prevent the

18 appropriation of said property before payment.

19 Section 49. Supremacy of Constitution

20 Section 49. The provisions of this constitution shall be

21 paramount and neither the legislature, nor any political

22 subdivision, shall enact any laws or ordinances in conflict
28 therewith.

24 Section 50. Terms Defined

25 Section 50. As used in this Article:

26 (1) "Deep-water port commissions and port, harbor, and

27 terminal districts" means those ports which are capable of

28 accommodating vessels of at least twenty-five feet of draft

29 and engaged in foreign commerce;

30 (2) "Functions" means duty in the sense that it is com-

31 plementary of the power (ability) conferred and as such

32 means onus or obligation to execute the power granted;

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1 (3) "General law" means a law of statewide concern

2 which is uniformly applicable to every political subdivision

3 in the entire state or which is uniformly applicable to all

4 political subdivisions within the same class as established

5 in accordance with the classification provisions of Section
g 6 of this Article;

7 (4) "General obligation bond" means those bonds, the

g principal and interest of which are secured by and payable

9 from ad valorem taxes levied without limitation as to rate

2Q or amount;

11 (5) "Governing authority" means the body which exercises

22 the legislative functions of the political subdivision ;

13 (6) "Local governmental subdivision" means any parish or

24 municipality;

15 (7) "Municipality" means all incorporated cities, towns,

1Q and villages;

17 (8) "Political subdivision" means parishes and municipali-

Ig ties, and any other unit of local government authorized by

19 law to perform governmental functions;

20 (9) "Powers" means ability or capacity, synonymous with

21 inherent or basic authority, to indulge in a particular un-

22 dertaking or to provide or perform a certain service;

23 (10) 'Special law" means any law other than a general

24 law;

25 (11) "Structure and organization" means the structure and

26 organization and, or the particular distribution and redis-

27 tribution of powers and functions and, or the supervision,

28 control, and internal arrangement of the component parts

29 of the political subdivision.
80

tl
32

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Constitutional Convention of Louisiana of 1973
CC-1002

1 COMMITTEE PROPOSAL No. 9—

2 Introduced by Delegate Aertker, Chairman, on behalf of

3 the Committee on Education and Welfare, and Delegates

4 Armentor, Carmouche, Corne, Cowen, Flory, Grier, Haynes,

5 Hernandez. Landry, Leithman, Lennox, Rachal, Riecke, Rob-
g inson, Segura, Silverberg, Sutherland, Thistlethwaite, Toca

7 and Wisham:

8 A PROPOSAL

9 Making provisions for human resources by providing for
IQ state and city civil service.

11 Be it adopted by the Constitutional Convention of Louisiana

12 of 1973 :

13 ARTICLE VII. HUMAN RESOURCES

14 Section I. State and City Civil Service

15 Section 1. (A) Civil Service System; State; Cities.

Ig (1) State Civil Service. "State civil service" means all

17 offices and positions of trust or employment in the employ

18 of the state, or any board, commission, department, indepen-

19 dent agency, or other agency thereof, except as otherwise

20 specifically provided in this constitution, and all offices and

21 positions of trust or employment in the employ of joint state

22 and federal agencies administering state or federal funds, or

23 both; joint state and municipal agencies financed by state or

24 municipal funds, or both, except municipal boards of health;

25 joint state and parochial agencies financed by state or paro-

26 chial funds, or both; irrespective of whether the pay for such

27 offices and positions of trust or employment is to be paid with

28 state, municipal, or parochial funds or with funds contributed

29 jointly by the state and municipalities or parishes involved.

30 (2) City Civil Service. "City civil service" means all offices

31 and positions of trust or employment in the employ of the

32 city and every board, commission, department, or agency

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1 thereof, except as otherwise specifically provided in this

2 constitution.

3 (B) State Civil Service Commission

4 (B) (1) Membership. A State Civil Service Commission is

5 created to be composed of five members, who are citizens
g and qualified electors of the state. Three members of the

7 commission shall constitute a quorum. The five members shall

8 be appointed by the governor for overlapping terms of six

9 years as hereinafter provided. The domicile of the commis-
IQ sion shall be in the city of Baton Rouge, Louisiana.

11 (2) Nominations. The presidents of Loyola University of

12 the South, Centenary College, Tulane University of Louisiana,
18 Louisiana College, and Dillard University each shall nominate

14 three persons, in the order of their preference, and from the

15 three persons so nominated by each, the governor shall ap-
Ifl point one to serve as a member of the commission.

17 (3) Vacancies. Vacancies for any cause shall be filled by

18 appointment in accordance with the procedure governing the

19 original appointment and from the same source. Within thirty

20 days after a vacancy occurs, the university president con-

21 cerned shall submit the required nominations. Within thirty

22 days thereafter, the governor shall make his appointment.
28 Should the governor fail to appoint within thirty days, the

24 nominee whose name is first on the list shall automatically

25 become a member of the commission.

26 If for any reason nominations are not submitted to the

27 governor by any of the college presidents herein named, within

28 the time herein designated, the vacancy on the commission

29 for the term or the unexpired term resulting from such failure

80 to nominate shall be filled by a majority vote of the other

81 members of the State Civil Service Commission.

38 (4) Transition. Each person who, on the effective date of

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CC-1002

C. P. No. 9

1 this constitution, is a member of the State Civil Service Com-

2 mission shall continue in such position for the remainder of

3 the term to which he was appointed. Within thirty days after

4 the expiration of the term of the commissioner nominated by

5 Louisiana State University and Agricultural and Mechanical
8 College, the president of Dillard University shall submit three

7 names to the governor for appointment to the commission

8 as herein provided. The initial term of this Dillard nominee

9 shall be six years.

10 (5) Removal. A member of the State Civil Service Com-

11 mission may be removed by the governor for just cause

12 after a copy of the charges against him has been served on

13 him and an opportunity for a public hearing thereon is

14 afforded by his appointing authority.

15 (6) Compensation. Members of the commission each shall
18 be compensated for each day devoted to the work of the

17 commission. The amount of compensation shall be deter-

18 mined by the legislature.

19 (C) City Civil Service Commission

20 (C)(1) Membership. A city civil service commission is

21 created for each city having a population exceeding four

22 hundred thousand. The city civil service commission shall

23 be composed of five members, who are citizens and qualified

24 electors of the city. Three members of the commission shall

25 constitute a quorum. The five members shall serve overlap-

26 ping terms of six years as hereinafter provided. The domi-

27 cile of the commission shall be in the city which it serves.

28 (2) Nominations. In the city of New Orleans, the presi-

29 dents of Tulane University of Louisiana, Loyola University
80 of the South, and Dillard University each shall nominate

31 three persons, in the order of their preference, and from

32 the three persons so nominated by each, the governing au-

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1 thority of the city shall appoint one to serve as a member

2 of the commission. One member shall be appointed by the

3 governing authority of the city. One member shall be an

4 employee within the classified service of the city, elected

5 by classified city employees.

6 If for any reason nominations are not submitted to the

7 governing authority of the city by any of the college presi-

8 dents herein named within the time herein designated, the

9 vacancy on the commission for the term or the unexpired

10 term resulting from such failure to nominate shall be filled

11 by a majority vote of the other members of the city civil

12 service commission.

13 In other cities subject to the provisions of this Section

14 three members of the commission shall be nominated by the

15 presidents of any three universities mentioned in Paragraph

16 (B) (2) in accordance with the procedure therein provided.

17 Commissioners appointed by the governing authority of the

18 city and the classified city employees shall be appointed in

19 -iccordance with the procedure specified in Paragraph (C) (2).

20 (3) Vacancies. Vacancies for any cause shall be filled by

21 appoiiitment or election in accordance with the procedure for

22 the original appointment and from the same source. Within

23 thirty days after a vacancy occurs, the university president

24 concerned shall submit the required nominations. Within

25 thirty days thereafter, the governing authority of the city

26 shall make the appointment. Should the governing authority

27 of the city fail to appoint within the thirty days, the nominee

28 whose name is first on the list shall automatically become

29 a member of the commission.

30 The election of the member representing classified city

31 employees shall be called by the governing authority and held

32 at least sixty days prior to the expiration of that term. In

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1 the case of a vacancy prior to the expiration of a term in the

2 office of the member representing classified employees, an
8 election to fill the vacancy for the unexpired term shall be

4 held within thirty days after the vacancy occurs.

5 (4) Transition. Each person who, on the effective date of

6 this constitution, was nominated by Tulane University, Loyola

7 University, or the governing authority of the city on the New

8 Orleans City Civil Service Commission shall continue in such

9 position for the remainder of the term to which he was ap-

10 pointed. Within thirty days after the effective date of this

11 constitution, the president of Dillard University shall submit

12 three names to the governing authority of the city for ap-

13 pointment to the commission as herein provided. The initial

14 term of this appointee shall be three years. Within thirty

15 days after the effective date of this constitution, the govern-

16 ing authority of the city shall call and hold an election for

17 the member to represent classified city employees. The initial

18 term of the classified employee shall be five years.

19 In other cities, each member serving on the effective date

20 of this constitution, shall continue in office until the expira-

21 tion of his term. The governing authorities of such cities shall

22 provide for the election or appointment of additional mem-

23 bers and for the implementation of this Section in accor-

24 dance with provisions hereof.

25 (5) Removal. A member of the city civil service commis-

26 sion may be removed by the city governing authority for

27 just cause after a copy of the charges against him has been

28 served on him and an opportunity for a public hearing thereon

29 is afforded by his appointing authority.

30 (6) Compensation. Members of the commission each shall

31 be compensated for each day devoted to the work of the com-

32 mission. The amount of compensation shall be determined by

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the governing authority of the city.
(D) Departments; State; City

(D) (1) Department of State Civil Service. A Department
of State Civil Service is created in the state government.

(2) Department of City Civil Service. A department of
city civil service is created in the city government of each



Online LibraryLouisiana. Constitutional Convention (1973)Records of the Louisiana Constitutional Convention of 1973 (Volume 4) → online text (page 13 of 65)