Louisiana. Constitutional Convention (1973).

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

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29 governing authority.

30 Section 5. Activation of an Initiative Proposal

31 Section 5. An initiative proposal shall be activated when

32 an interested party has filed an application with the secre-

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1 tary of state containing the text of the proposal and bearing

2 the signatures of at least one hundred electors of the juris-

3 diction as sponsors. The secretary of state shall within

4 thirty days assign a title and a number to the proposal,

5 place it in proper form, and certify that it is open for
g signatures. Denial of certification is subject to judicial re-
7 view.

g Section 6. Initiative Petitions

9 Section 6. To be valid, petitions endorsing such proposal

IQ must be filed within one year after certification with the

11 secretary of state who shall attest to their legality within

12 thirty days after each is received. Petitions must be signed

13 by a number of electors of the jurisdiction equal to at least

14 fifteen percent of the largest vote cast in any election in

15 the jurisdiction in the previous ten years. The legislature
15 may provide that fewer signatures are required in any in-
17 stance. All petitions must comply substantially with such
Ig reasonable formalities as may be established by the secre-

19 tary of state.

20 Section 7. Initiative Elections

21 Section 7. The proposal shall appear on the ballot with

22 its title and a brief description containing not more than

23 twenty-five words prepared by the interested party. It

24 shall be voted on during the next general election at least

25 ninety days after a sufficient number of petitions have

26 been filed with the secretary of state, or during a special

27 election called for that purpose by the governor or by the

28 local governing authority, provided that the proposal shall

29 have been published once, at least forty-five days before

30 the election, at the expense of the interested party, in the

31 official journal of the state and, in the case of local matters,

32 in the official journal of the local governing authority.

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1 Section 8. Enactment of Initiative Proposals 1

2 Section 8. The proposal shall become law thirty days 2

3 after approval by a majority of the electors who vote for 3

4 or against the proposal or at such later date as the pro- 4

5 posal may provide. 5

6 Section 9. Limitations of the Initiative 6

7 Section 9. No proposal shall embrace more than one sub- 7

8 ject nor shall it appropriate money or levy, repeal, or dedi- g

9 cate any tax. An initiative proposal defeated by the electors g

10 shall not be reactivated for two years after its defeat. 10

11 Section 10. Execution of Initiative Provisions 11

12 Section 10. Initiative provisions are self-executing but laws 12

13 may be enacted to facilitate the use of the initiative. No 13

14 legislation shall be enacted to impair powers herein re- 14

15 EL'i-ved to the people. 16
13 Section 11. Right to Direct Participation 18

17 Section 11. No person shall be denied the right to observe 17

18 the deliberations of public bodies and examine public docu- 18

19 ments except in cases established by law in which the 19

20 demands of privacy exceed the merits of public disclosure. 20

21 Section 12. Oath of Office 21

22 Section 12. All officers before entering upon the duties 22

23 of their respective offices shall take the following oath or 23

24 affirmation; "I, (A B), do solemnly swear (or affirm) that 24

25 I will support the constitution and laws of the United States 25

26 and the constitution and laws of this state and that I will 26

27 faithfully and impartially discharge and perform all the 27

28 duties incumbent upon me as according 28

29 to the best of my ability and understanding, so help me God." 29

30 Section 13. State Capital 30
81 Section 13. The capital of Louisiana is the city of Baton -Vi
32 Rouge. '"'

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Constitutional Convention of Louisiana of 1973

CC-lOU

COMMITTEE PROPOSAL No. 2—

Introduced by Delegate Jackson, Chairman, on behalf of
the Committee on Bill of Rights and Elections, and Delegates
Dunlap, Guarisco, Jenkins, Roy, Soniat, Stinson, Vick, Wall
and Weiss :

A PROPOSAL
To provide a preamble and a declaration of rights to the
constitution.

Be it adopted by the Constitutional Convention of Louisi-
ana of 1973 :

A PREAMBLE

We, the people of Louisiana, grateful to Almighty God for
the civil, political, economic, and religious liberties we enjoy,
and desiring to protect individual rights to life, liberty, and
property; afford opportunity for the fullest development of
the individual; assure equality of rights; provide for the
health, safety, education, and welfare of the people; main-
tain a representative and orderly government; ensure do-
mestic tranquility; provide for the common defense; and
secure the blessings of freedom and justice to ourselves and
our posterity, do ordain and establish this constitution.
ARTICLE I. DECLARATION OF RIGHTS

Section 1. Origin and Purpose of Government

Section 1. All government, of right, originates with the
people, is founded on their will alone, and is instituted to pro-
tect the rights of the individual and for the good of the whole.
Its only legitimate ends are to secure justice for all, preserve
peace, and promote and protect the rights, happiness, and
general welfare of the people. The rights enumerated in this
Article are inalienable and shall be preserved inviolate.

Section 2. Due Process of Law

Section 2. No person shall be deprived of life. liberty, prop-
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2 erty, or other rights without substantive and procedural due

2 process of law.
g Section 3. Right to Individual Dignity.

4 Section 3. No person shall be denied the equal protection

5 of the laws nor shall any law discriminate against a person
g in the exercise of his rights on account of birth, race, sex,
'J' social origin or condition, or political or religious ideas,
g Slavery and involuntary servitude are prohibited, except in
9 the latter case as a punishment for crime.

\Q Section 4. Right to Property

11 Section 4. Every person has the right to acquire by volun-

22 tary means, to own, to control, to enjoy, to protect, and to

13 dispose of private property. This right is subject to the

14 reasonable exercise of the police power and to the law of

15 forced heirship. Property shall not be taken or damaged
Ig except for a public and necessary purpose and with just

17 compensation previously paid to the owner or into court for

18 his benefit. The owner shall be compensated to the full extent

19 of his loss and has the right to a trial by jury to determine

20 sucJi compensation. No business enterprise or any of its
2i assets shall be taken for the purpose of operating that enter-

22 prise or for the purpose of halting competition with govern-

23 ment enterprises, nor shall the intangible assets of any

24 business enterprise be taken. Unattached movable property

25 shall not be expropriated except when necessary in emer-

26 gencies to save lives or property, and personal effects, other

27 than contraband, shall never be taken. The issue of whether

28 the contemplated purpose be public and necessary shall be a

29 judicial question, and determined as such without regard to
80 any legislative assertion.

31 Section 5. Right to Privacy

32 Section 5. Every person shall be secure in his person,

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C. P. No. 2

1 property, communications, houses, papers, and effects against

2 unreasonable searches, seizures, or invasions of privacy. No

3 warrant shall issue without probable cause, supported by oath

4 or affirmation particularly describing the place to be searched,

5 the persons or things to be seized, and the lawful purpose or

6 reason for the search. Any person adversely affected by a

7 search or seizure conducted in violation of this section shall

8 have standing to raise the illegality of that search or seizure

9 in the appropriate court of law.

10 Section 6. Freedom from Intrusion

11 Section 6. No person shall be quartered in any house with-

12 out the consent of the owner or lawful occupant.

13 Section 7. Freedom from Discrimination

14 Section 7. All persons shall be free from discrimination

15 on the basis of race, color, creed, national ancestry, and sex

16 in access to public accommodations or in the sale or rental of

17 property by persons or agents who derive a substantial in-

18 come from such business activity. Nothing herein shall be

19 construed to impair freedom of association.

20 Section 8. Trial by Jury in Civil Cases

21 Section 8. In all civil cases, except, summary, domestic,

22 and adoption cases, the right to trial by jury shall not be

23 abridged. No fact determined by a judge or jury shall be

24 reexamined on appeal. Determination of facts by an admin-

25 istrative body shall be subject to review.

26 Section 9. Freedom of Expression

27 Section 9. No law shall abridge the freedom of every per-

28 son to speak, write, publish, photograph, illustrate, or broad-

29 cast on any subject or to gather, receive, or transmit knowl-

30 edge or information, but each person shall be responsible for

31 the abuse of that liberty; nor shall such activities ever be

32 subject to censorship, licensure, registration, control, or

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C. p. No. 2

1 special taxation.

2 Section 10. Freedom of Religion

Q Section 10. No law shall be enacted respecting an estab-

4 lishment of religion or prohibiting the free exercise thereof.

5 Section 11. Freedom of Assembly and Movement

g Section 11. No law shall impair the right of every person

Y to assemble peaceably, to petition government for a redress

g of grievances, to travel freely within the state, and to enter

g and leave the state. Nothing herein shall prohibit quaran-

jQ tines or restrict the authority of the state to supervise persons

\1 subject to parole or probation.

22 Section 12. Rights of the Accused

J3 Section 12. When a person has been detained, he shall im-

J4 mediately be advised of his legal rights and the reason for

15 his detention. In all criminal prosecutions, the accused shall

Ig be precisely informed of the nature and cause of the aecusa-

17 tion against him. At all stages of the proceedings, every

18 person shall be entitled to assistance of counsel of his choice,

19 or appointed by the court in indigent cases if charged with

20 ^ serious offense.

21 Section 13. Initiation of Prosecution

22 Section 13. Prosecution of felonies shall be initiated by

23 indictment or information, provided that no person shall be

24 held to answer for a capital crime or a felony necessarily

25 punishable by hard labor, except on indictment by a grand

26 jury. No person shall be twice placed in jeopardy for the

27 same offense, except on his own application for a new trial

28 or where there is a mistrial or motion in arrest of judgment

29 is sustained.

30 Section 14. Grand Jury Proceedings

31 Section 14. At all stages of the grand jury proceedings,

32 after arrest, the accused shall have the right to the advice

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C. P. No. 2

1 of counsel while testifying, to compulsory process for pre-

2 senting witnesses to the grand jury for interrogation, and

8 to any transcribed testimony of any witnesses appearing

4 before the grand jury in his case.

5 Section 15. Fair Trial

f Section 15. Every person charged with a crime shall be

7 presumed innocent until proven guilty, and shall be entitled

g to a speedy, public, and impartial trial in the parish where

9 the offense or an element of the offense occurred, unless

10 venue be changed in accordance with law. No person shall

11 be compelled to give evidence against himself. An accused

12 shall be entitled to confront and cross-examine the witnesses
18 against him, to compel the attendance of witnesses, to present

14 a defense, and to take the stand in his own behalf.

15 Section 16. Trial by Jury in Criminal Cases

18 Section 16. Any person charged with an offense or set of

17 offenses punishable by imprisonment of more than six months

18 may demand a trial by jury. In cases involving a crime neces-

19 sarily punishable by hard labor, the jury shall consist of

20 twelve persons, all of whom must concur to render a verdict

21 in capital cases or cases in which no parole or probation is

22 permitted, and ten of whom must agree in others. In cases

23 not necessarily punishable by hard labor, the jury may con-

24 sist of a smaller number of persons, all of whom must con-

25 cur to render a verdict. The accused shall have the right to

26 voir dire and to challenge jurors peremptorily.

27 Section 17. Right to Bail

28 Section 17. Excessive bail shall not be required. Before

29 and during trial, a person shall be bailable by sufficient

30 sureties, unless charged with a capital offense and the proof

31 is evident and the presumption is great. After conviction

32 and before sentencing, a person shall be bailable if the maxi-

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•1 mum sentence which may be imposed is less than five years

2 and, the judge may grant bail if the maximum sentence which

g may be imposed is greater. After sentencing and until final

^ judgment, persons shall be bailable if the sentence actually

5 imposed is less than five years, and the judge may grant bail

(J if the sentence actually imposed is greater.
r- Section 18. Right to Humane Treatment

g Section 18. No person shall be subjected to torture or to

Cj cruel, unusual, or e-xcessive punishments or treatments, and

IQ full rights shall be restored by termination of state or federal

■^-[ supervision for any offense.
12 Section 19. Right to Vote

]^3 Section 19. No person eighteen years of age or older who

2^4 is a resident or domiciliary of the state shall be denied the

J 5 right to register and to vote, except that this right may be

]g suspended while a person is judicially committed and insti-

27 tutionalized, or under an order of imprisonment for convic-

2g tion of a felony.

19 Section 20. Right to Keep and Bear Arms

20 Section 20. A well-regulated militia is necessary to the

21 security of a free state. The right of each person to keep

22 and bear arms and ammunition shall not be abridged, but

23 this provision shall not prevent the passage of laws to pro-

24 hibit the carrying of concealed weapons.

25 Section 21. Writ of Habeas Corpus

26 Section 21. The writ of habeas corpus shall not be sus-

27 pended.

28 Section 22. Access to Courts

29 Section 22. All courts shall be open, and every person shall

30 have an adequate remedy by due process of law and justice,

31 administered without denial, partiality, or unreasonable delay

32 for actual or threatened injury to him in his person, prop-

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C. P. No. 2

I erty, reputation, or other rights. Neither the state, its politi-
■o cal subdivisions, nor any private person shall be immune
g from suit.

4 Section 23. Prohibited Laws

5 Section 23. No bill of attainder, ex post facto law, or law
impairing the obligation of contracts shall be enacted.

7 Section 24. Freedom of Commerce

g Section 24. No law shall impair the right of every person

9 to engage in commerce by arbitrarily limiting the practice

10 of any occupation to a certain class of persons, by controlling

II the production or distribution of goods, by dictating the qual-
12 ity or price of products, or by requiring any business to open
18 or close at a given time, except that the legislature may enact
14 reasonable laws regulating commerce when necessary to

16 protect the public health and safety.
18 Section 25. Unenumerated Rights

17 Section 25. The enumeration in this constitution of certain

18 rights shall not be construed to deny or disparage other rights

19 retained by each person.
20

21

22

23

24

25

26

27

28

29

80

81

82

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Constitutional Convention of Louisiana of 1973
CC-1000

1 COMMITTEE PROPOSAL No. 3—

2 Introduced by Delegate Blair, Chairman, on behalf of the
g Committee on Legislative Powers and Functions, and Dele-

4 gates Casey, Fayard, Fulco, Ginn, Juneau, Kilpatrick, Lan-

5 drum, LeBreton and O'Neill:

(( A PROPOSAL

7 Making provisions for the legislative branch of government,

8 impeachment and removal of officials, and necessary pro-

9 visions with respect thereto.

10 Be it adopted by the Constitutional Convention of Louisi-

11 ana of 1973:

It ARTICLE III. LEGISLATIVE DEPARTMENT

13 Section 1. Legislative Power of State; Vesting; Continu-

14 ous Body

15 Section 1. (A) The legislative power of the state is vested
18 in a legislature, consisting of a Senate and a House of Repre-

17 sentatives.

18 (B) The legislature shall be a continuous body during the

19 term for which its members are elected.

20 Section 2. Sessions; Annual, Extraordinary

21 Section 2. (A) The legislature shall meet in regular annual

22 sessions. In each year the regular session shall not extend for
28 more than sixty legislative days within a one hundred and

24 twenty day period; however, upon the consent of a majority

25 of the elected members of each house, the legislature may ex-

26 tend the regular session in any year for not to exceed fifteen

27 legislative days within the one hundred and twenty day

28 period.

29 (B) The legislature may be convened at other times by the
80 governor or, at the written request of a majority of the elected

31 members of each house, by the presiding officers of both houses.

32 The governor or the presiding officers of both houses, as the

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C. P. No. 3

1 case may be, shall issue a proclamation convening the legis-

2 lature into extraordinary session. The proclamation shall

3 state the object or objects for convening the legislature in

4 extraordinary sessions, the date on which the legislature is

5 to be convened, and the number of days for which the legis-

6 lature is convened. The power to legislate, under the penalty

7 of nullity, shall be limited to the objects specifically enumer-

8 ated in the proclamation convening the extraordinary session,

9 and the session shall be limited to the number of days named

10 therein, which shall never exceed thirty calendar days.

11 Section 3. Size

12 Section 3. The number of members of the legislature shall

13 be provided by law, but the number of Senate members shall

14 not exceed forty-one and the number of House members shall

15 not exceed one hundred and eleven.

16 Section 4. Qualifications; Residence Requirements; Term;

17 Vacancies

18 Section 4. (A) Every elector who at the time of his elec-

19 tion has reached the age of eighteen years shall be eligible to

20 membership in the House of Representatives. Every elector

21 who at the time of his election has reached the age of twenty-

22 one years shall be eligible to membership in the Senate.

23 (B) No person shall be eligible to membership in the legis-

24 lature unless at the time of his election he has been a resident

25 of the state for two years and actually domiciled within the

26 legislative district from which he seeks election for one year
- ' immediately preceding his election. However, at the first elec-
2'3 tion following the reapportionment of the legislature only, a
29 person may qualify for election from any district created in
"0 whole or in part from the district existing prior to reappor-
31 tionment in which such person was domiciled, if he was domi-
■J^ ciled in that prior district for at least one year immediately

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C. p. No. 3

1 preceding his election. The seat of any member who changes

2 his domicile from the legislative district which he represents
8 shall be vacated thereby, any declaration of a retention of

4 domicile to the contrary notwithstanding.

5 (C) The members of the legislature shall be elected for

6 terms of four years each.

7 (D) When a vacancy occurs in either house of the legis-

8 lature, the remainder of the term shall be filled only by elec-

9 tion. as provided by law.

10 Section 5. Legislative Apportionment; Judicial Review;

11 Apportionment by Supreme Court

12 Section 5. (A) Not later than the end of the first year
18 following the year in which the population of this state is

14 reported to the president of the United States for each de-

15 cennial federal census, the legislature shall apportion the

16 representation in each house on the basis of the total state

17 population as shown by the census. Within ten days after the

18 legislature adopts an apportionment plan the presiding offi-

19 cers of the two houses shall submit the plan to the supreme

20 court for review.

21 (B) If the legislature fails to apportion itself, the supreme

22 court, upon petition therefor, by the attorney general within

23 ton days after the close of the year above specified shall ap-

24 portion each house thereof as provided in Paragraph (A)

25 of this Section.

26 (C) The procedure for review and petition shall be pro-

27 vided by law.

28 Section 6. Judging Qualifications and Election; Procedural

29 Rules; Discipline; Officers

'" Section 6. (A) Each house shall be the judge of the quali-

"•'■ fications and elections of its own members, determine the

^' rules of its procedure, and may punish its members for dis-

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C. p. No. 3

1 orderly conduct or contempt and, with the concurrence of

2 two-thirds of its elected members, may expel a member. Ex-
2 pulsion shall create a vacancy in the office.

^ (B) Each house shall have power to compel the attend-

g ance and testimony of witnesses and the production of books

g and papers before such house as a whole, before any com-

7 mittee thereof, or before joint committees of the houses and

g shall have the power to punish for contempt those in willful

disobedience of its orders.
JQ (C) Each house shall choose its own officers, including a

11 permanent presiding officer selected from its membership,

12 who shall be designated in the Senate as the president of the
IJ Senate and in the House as the speaker of the House of

14 Representatives.

15 Section 7. Privileges and Immunities

Ig Section 7. The members of the legislature shall in all cases,

17 except felony, be privileged from arrest during their attend-

18 ance at the sessions and committee meetings of their respec-

19 tive houses and in going to and returning from the same. No
JO member shall be questioned in any other place for any speech
f 1 or debate in either house.

£2 Section 8. Conflict of Interest

£8 Section 8. Legislative office is a public trust and every

24 effort to realize personal gain through official conduct is a

26 violation of that trust. The legislature shall enact a code of
28 ethics prohibiting conflict between public duty and private

27 interests of members of the legislature.

28 Section 9. Quorum; Compulsory Attendance; Journal; Ad-

29 journment; Consent of Other House

30 Section 9. (A) Not less than a majority of the elected

31 members of each house shall form a quorum to transact busi-

32 ness, but a smaller number may adjourn from day-to-day and

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C. p. No. 3

^ shall have power to compel the attendance of absent members.

2 (B) Each house shall keep a journal of its proceedings

3 which shall be published from day-to-day and which shall

4 accurately reflect the proceedings of that house, including

5 all record votes. A record vote is a written, printed, or oral
g vote by yeas and nays.

7 (C) Whenever the legislature is in session neither house

g shall adjourn for more than three days or to any other place

9 than that in which it is then meeting, without the consent of

IQ the other house.

11 Section 10. Legislative Auditor

12 Section 10. There shall be a legislative auditor who shall

13 be elected by the consent of a majority of the elected members

14 of each house and may be removed by the consent of two-

15 thirds of the elected members of each house. The legislative

16 auditor shall be responsible solely to the legislature and shall

17 serve as fiscal advisor to the legislature. He shall perform

18 such duties and functions relating to the auditing of the

19 fiscal records of state and local governments as are provided

20 by law.

21 Section 11. Salaries of Public Officers; Change



Online LibraryLouisiana. Constitutional Convention (1973)Records of the Louisiana Constitutional Convention of 1973 (Volume 4) → online text (page 2 of 65)