Louisiana. Constitutional Convention (1973).

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29 subdivisions, including persons employed jointly by state and

30 federal agencies other than the military service, through the

31 establishment of a retirement system or systems. Membership In any

32 retirement system of the state or of a political subdivision

33 thereof shall be a contractual relationship between the employee

34 and employer, and the state shall guarantee any benefits payable

35 to a member of the system or to his lawful beneficiary at his



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CC-1004

C. p. No. 11

death or retirement.

(C) Compensation for Surviving Spouses and Children of
Law Enforcement Officers and Firemen. The legislature shall
establish a system. Including the expenditure of public funds,
for compensating the surviving spouses and dependent children
of law enforcement officers, firemen, and personnel, as may

be defined by law, who suffer death or who suffered death
before the effective date of this constitution, but not
earlier than July 1, 1972, as a result of Injury sustained
In the performance of official duties or while engaged in
the protection of life or property while on or off duty.

(D) Retirement Systems; Notice of Intention to Propose
Amendments or Change; Publication. No proposal to amend

or effect any change In existing laws or provisions of the
constitution relating to any retirement system In this state
shall be Introduced into the legislature unless notice of
intention to Introduce such proposal shall have been published,
without cost to the state. In the official state Journal on
two separate days, the last day of which is at least thirty
days prior to the introduction of such a bill Into the legis-
lature. The notice shall state the substance of the contemplated
law or proposal to amend the constitution. Every such bill shall
contain a recital that the notice has been given.



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Constitutional Convention of Louisiana of 1973
CC-1005

1 COMMITTEE PROPOSAL No. 12—

2 Introduced by Delegate Aertker, Chairman, on behalf of

3 the Committee on Education and Welfare, and Delegates

4 Armentor, Carmouche, Come, 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 prohibiting the

10 leasing of convicts and the employment of convicts in

11 competition with private enterprise and by providing for

12 reimbursement to parishes for expenses incurred result-

13 ing from crimes committed in penal institutions.

14 Be it adopted by the Constitutional Convention of Loui-

15 sianaofl973:

16 ARTICLE VII, SECTION 1. PENAL

17 INSTITUTIONS AND CONVICT LABOR

18 Section 1. (A) State Penal Institutions; Reimbursement

19 of Pari.sh Expense. In parishes in which are located penal

20 institutions of the State of Louisiana, the expenses incurred

21 by the parish arising from crimes committed in such in-

22 stitutions or by the inmates or employees thereof shall be

23 reimbursed by the state.

24 (B) Convict Labor. No convict sentenced to the state

25 penitentiary shall ever be leased, or hired to any person

26 or persons, or corporation, private or public, or quasipublic.

27 No convict sentenced to the state penitentiary shall ever

28 be employed in any enterprise in competition with private

29 enterprise.
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CC-1005

Constitutional Convention of Loiilslnna of 1973

COWflTTKE PROrOSAL numiii;r 12

Introduced by Delegate Acrtkcr, Oialrman, on behalf of

the Connnlttec on Education and Welfare, and Delegates
Armentor, Carmouche , Corne , Cowcn, Flory, Crier, llaynes,
Hernandez, Landry, Leithman, Lennox, Rachal , Rlocke,
Robinson, Segura, Sllverberg, Sutherland, Thistle thwaite,
Toca, and Wlsham

A PKOPCSAL

Making provisions for human resources by prohibiting the
leasing of convicts and the employment of convicts
In competition with private enterprise and by pro-
viding for reimbursement to parishes for expenses
Incurred resulting from crimes committed in penal
Institutions.
Be It adopted by the Constitutional Convention of Louisiana
of 1973:

ARTICLE VII. HUMAN RESOURCES
Section 1. Penal Institutions

Section 1 (A). State Penal Institutions; Reimbursement
of Parish Expense. In parishes in vhich are located penal
Institutions of the State of Louisiana, the expenses incurred
by the parish arising from crimes committed in such institutions
or by the inmates thereof shall be reimbursed by the state.



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Constitutional Convention of Louisinna of 1973

CC-1006

COMMITTEE PROPOSAL No. 13—

Introduced by Delegate Aertker, Chairman, on behalf of
the Committee on Education and Welfare, and Delegates
Armentor, Carmouche, Corne, Cowen, Flory, Grier, Haynes,
Hernandez, Landry, Leithman, Lennox, Rachal, Riecke, Rob-
inson, Segura, Silverberg, Sutherland, Thistlethwaite. Toca
and Wisham :

A PROPOSAL
Making provisions for human resources by providing for
the settlement of disagreements through arbitration.

Be it adopted by the Constitutional Convention of Lou-
isiana of 1973:

Article VII, Section 1. Arbitration

Section 1. The legislature shall pass such laws as may
be proper and necessary to decide differences, with the con-
sent of the parties, by arbitration.



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[155]



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Constitutional Convention of Louisiana of 1973
CC-1007

1 COMMITTEE PROPOSAL No. 14—

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-

6 inson, Segura, Silverberg, Sutherland, Thistlethwaite, Toca

7 andWisham:

8 A PROPOSAL

9 Making provisions for human resources through a system of
' economic security, social welfare, unemployment com-
; 1 pensation, and public health.

12 Be it adopted by the Constitutional Convention of Lou-

13 isiana of 1973:

14 Article VII, Section 1. Economic Security, Social Welfare,

15 Unemployment Compensation, and Public Health

16 Section 1. The legislature shall establish a system of

17 economic security, social welfare, unemployment compensa-

18 tion, and public health.
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CC-1007

1 Constitutional Convention of Louisiana of 1973

2 COMMITTEE PROrOSAL Dl'MBER 14

3 Introduced by Delegate Aertker, Chalnnan, on behalf of the

4 Conmittee on Education and Welfare, and Delegates

5 Armentor, Cannouche, Corne, Cowen, Flory, Grler,

6 Haynes, Hernandez, Landry, Leithman, Lennox, Rachal,

7 Riecke, Robinson, Segura, Silverberg, Sutherland,

8 Thistlethwaite, Toca, and Wlsham



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A PROPOSAL



12 Making provisions for human resources through a system of

13 econoBilc security, social welfare, unemployment com-

14 pensation, and public health.
15

16 Be It adopted by the Constitutional Convention of Louisiana

17 of 1973:

18 ARTICLE VII. HUMAN RESOURCES

19 Section 2. Economic and Social Welfare, Unemployment

20 Compensation, and Public Health

21 Section 2. The legislature may establish a system of

22 economic and social welfare, unemployment compensation and

23 public health.
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[156]



ConstituLional Convention of Louisiana of 1973
CC-1076

1 COMMITTEE PROPOSAL No. 15—

2 Introduced by Delegate Rayburn, Chairman, on behalf of
Q the Committee on Revenue, Finance and Taxation, and Dele-
4 gates Alario, Badeaux, Brown, Champagne, Chehardy, Con-
r. roy, De Blieux, Edwards, Fontenot, Lowe, McDaniel, Mauber-
g ret. Mire, Newton, Nunez, Planchard, Roemer, Schmitt, Slay,
7 Smith, Triche and Winchester:

3 A PROPOSAL

9 Relative to the tax structure of the state and to public

■^Q finance.

\l Be it adopted by the Constitutional Convention of Louisiana

12 of 1973:

13 ARTICLE XI. REVENUE AND FINANCE

14 Section 1. Power to Tax; Public Purpose

15 Section 1. The power of taxation shall be vested in the

16 legislature, shall never be surrendered, .suspended, or con-

17 tracted away, and shall be imposed for public purposes only.

18 Section 2. Power to Tax; Limitation

19 Section 2. The levy of a new tax and any increa.se in an

20 existing tax and any repeal of an existing exemption from a

21 tax shall require the favorable vote of two-thirds of the

22 members elected to each house of the legislature, as evi-

23 denced by a recorded vote. A like vote shall be necessary

24 for the adoption of amendments to bills proposing the same

25 and to reports of conference committees.

26 Section 3. Collection and Refund of Taxes

27 Section 3. The collection of taxes shall not be restrained,

28 and procedures shall be provided for the recovery of illegal

29 taxes paid.

30 Section 4. Limitations on Taxing Power; Graduated Rates,

31 Severance Tax, and Subdivisions of the State

32 Section 4. (A) Equal and uniform taxes may be levied

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CC-1076
C. P. No. 15
1 upon net incomes, and such taxes may be graduated accord-
n ing to the amount of net income ; however, the state individual
o income tax rate on the first ten thousand dollars of taxable
A income for single return or twenty thousand dollars of tax-
able income for joint return shall not exceed two percent.
o

(• (B) Taxes may be levied on natural resources severed from

7 the soil or water, to be paid proportionately by the owners

Q thereof at the time of severance. Natural resources may be

9 classified for the purpose of taxation, and such taxes may be

IQ predicated upon either the quantity or value of the products

11 at the time and place of severance. No further or additional

19 tax or license shall be levied or imposed upon oil, gas, or

13 sulphur leases or rights, nor shall any additional value be

14 added to the assessment of land by reason of the presence

15 of oil, gas, or sulphur therein or their production therefrom.
15 Likewise, severance taxes shall be the only tax on timber;
17 however, standing timber shall be and remain liable equally
1§ with the land on which it stands for ad valorem ta.xes levied

19 on said land.

20 (C) Political subdivisions of the state shall not levy taxes

21 on income, natural resources severed from soil or water, or

22 motor fuel. Any occupational license taxes levied by a politi-

23 cal subdivision shall not be greater than those imposed by the

24 state, and the total amount of any occupational license tax

25 levied by a parish shall be reduced by the amount of any

26 municipal occupational license tax levied.

27 (D) Three-fourths of the timber severance tax, one-third

28 of the sulphur severance tax, one-fifth of the severance tax

29 on all other natural resources severed from the soil or water,

30 and one-tenth of the royalties from mineral leases on state-

31 owned property shall be remitted to the governing authority

32 of the parish in which severance occurs or in which produc-

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CC-1076

C. P. No. 15

1 tion is had, but the amount of severance tax on sulphur so

2 remitted shall not exceed one hundred thousand dollars to
8 any parish for any year, and the amount of severance tax
4 on all other natural resources severed from the soil or water

6 so remitted shall not exceed two hundred thousand dollars
C to any parish for any year.

7 Section 5. Annual Motor Vehicle License Tax

8 Section 5. The legislature shall impose an annual license

9 tax of three dollars on automobiles for private use, and on

10 other motor vehicles, an annual license tax based upon horse-

11 power, carrying capacity, or weight, any or all. No parish or

12 municipality may impose any license fee on motor vehicles.

13 Section 6. Forestry

14 Section 6. Forestry shall be practiced in this state, and
16 the legislature shall enact laws therefor.

16 Section 7. State Debt; Full Faith and Credit Obligations

17 Section 7. (A) The state shall have no power to contract,

18 directly or through any state board, agency, or commission,

19 the incurring of debt or the issuance of bonds except upon

20 the affirmative vote of two-thirds of the members elected

21 to each house of the legislature, and then only if the funds

22 are to be used to repel invasion; suppress insurrection; pro-

23 vide relief from natural catastrophes; refund outstanding

24 indebtedness, but only to obtain a lower effective rate of

25 interest; or make capital improvements, but only in accor-

26 dance with a comprehensive capital budget, which the legis-

27 lature shall adopt.

-^ (B) If the purpose is to make capital improvements, the
29 nature, location, and if more than one project, the amount
^^ allocated to each and the order of priority shall be stated in
"* the comprehensive capital budget which the legislature adopts.
^^2 (C) The full faith and credit of the state shall be pledged

Page ;■!



CC-1076

C. P. No. 15

1 to the repayment of all bonds or other evidences of indebted-

2 ness issued by the state directly or through any state board,
p agency, or commission.

4 (D) The legislature, by two-thirds affirmative vote of the

6 members elected to each house thereof, may propose a state-

6 wide public referendum for the incurrence of debt for any

7 purpose for which the legislature is not herein authorized
g to incur debt.

9 Section 8. State Debt; Interim Emergency Board

10 Section 8. (A) The Interim Emergency Board hereby is

1 1 created and shall be composed of the governor, the state trea- I

12 surer, the legislative auditor, the chairman of the Senate

13 Finance Committee, and the chairman of the House Appro-

14 priations Committee, or their designees. I
1j (B) During the interim between sessions of the legislature, I

16 whene\er it is determined by majority vote of the Interim

17 Emergency Board that an emergency exists, and then only
' 8 for a purpose for which the legislature may appropriate funds,

19 after having obtained, as provided by law, the written con-

20 sent of two-thirds of all members elected to each house of

21 the legislature, the Interim Emergency Board may appro-

22 priate from tht.: State General Fund, or borrow upon the full

23 faith and credit of the state an amount to care for an emer-

24 gency, which is an event or occurrence not reasonably antici-

25 pated by the legislature.

26 (C) The aggregate of indebtedness outstanding at any one

27 time and the amount appropriated from the State General

28 Fund for the current fiscal year under the authority of this

29 Section shall not exceed one-tenth of one percent of total

30 state revenue receipts for the previous fiscal year.

31 (D) Each fiscal year, as a first priority, there hereby is

32 allocated from the State General Fund an amount sufficient

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CC-1076

C. P. No. 15

J to pay any indebtedness incurred during the preceding fiscal

2 year under the authority of this Section.

o Section 9. State Debt; Maximum Debt Service Expense for

^ All Purposes

r Section 9. The legislature shall enact no law authorizing

g the incurrence of state debt, whether contracted directly by

rj the state or indirectly through a state board, agency, or com-

g mission, if incurrence of the indebtedness would result in

9 total annual debt service requirements on all state obliga-

iQ tions, whether outstanding or authorized and unissued, ex-

j]^ ceeding an amount equal to fifteen percent of the average

22 total revenues from state sources available for debt service

23 for the preceding three years.

24 Section 10. State Debt ; Political Subdivisions of the State ;

25 Issuance and Sale of Obligations; State Bond Commission;

26 Approval Required

27 Section 10. (A) The State Bond Commission hereby is

28 created and it.s membership and authority shall be deter-

29 mined by the legislature.

20 (B) No bonds or other obligations shall be issued or sold

21 by the state, directly or through any state board, agency, or

22 commission, or by any political subdivision of the state, un-

23 less prior written approval of the State Bond Commission is

24 obtained.

25 Section 11. Collection of State Funds; Bond Security and

26 Redemption Fund

27 Section 11. All money received by the state or by any

28 state board, agency, or commission, immediately upon re-

29 ceipt, shall be deposited in the state treasury, except money
80 received as grants or donations or other forms of assistance
31 when the terms and conditions thereof require otherwise, and
82 except money received by trade or professional associations

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CC-1076
C. P. No. 15

2 and then only if excluded by the affirmative vote of two-

2 thirds of the members elected to each house of the legislature.

3 Subject to contractural obligations existing at the time this

4 constitution is adopted, all state money deposited in the state

5 treasury, except money received as grants or donations or

6 other forms of assistance when the terms and conditions

7 tnereof require otherwise, shall be credited to a special fund
g designated as the Bond Security and Redemption Fund. In
9 each fiscal year there hereby is allocated from the Bond Secur-

10 ity and Redemption Fund an amount sufficient to pay all

11 obligations, including but not necessarily limited to principal,

12 interest, premiums, sinking or reserve fund requirements,
18 which are secured by the full faith and credit of the state and

14 which become due and payable within the current fiscal year.

15 Thereafter, all money remaining in the Bond Security and

16 Redemption Fund shall be credited to the State General Fund.

17 Section 12. Expenditure of SUte Funds

18 Section 12. (A) Money shall be drawn from the state

19 treasury only pursuant to an appropriation made in accor-

20 dance with law. Each appropriation shall be for a specific

21 sum of money and for a specified object.

22 (B) Total appropriations made by the legislature for any

23 fiscal year shall not be greater than the anticipated revenues

24 of the state.

25 (C) An appropriation shall be for a term no longer than

26 one year, and the legislature shall provide for the publica-

27 tion of a regular statement of receipts and expenditures of

28 all state money at intervals of not more than one year.

29 (D) Except as otherwise provided in this constitution, no

30 appropriation shall allocate to any object the proceeds of
81 any particular tax or a part or percentage thereof except
"2 when required by the federal government for participation

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C. P. No. 15

2 in federal programs.

o (E) No appropriation shall be made under the head or

o title of contingent, nor shall an appropriation be made ex-

4 cept for public purposes.

5 Section 13. Management of State Funds; Budgets

g Section 13. (A) The governor shall submit to the legisla-

7 ture, at a time fixed by law, a budget estimate for the next

S fiscal year setting forth all proposed state expenditures and

9 anticipated state revenues, and shall submit a general appro-

10 priation bill to authorize the proposed ordinary operating ex-

11 penditures and, if necessary, a bill or bills containing recom-

12 mendations in the budget for new or additional revenues.

13 (B) The governor shall submit to each regular session of

14 the legislature a proposed five-year capital outlay program

15 with a request for implementation of the first year of the

16 five-year program. All capital outlay projects approved by

17 the legislature shall be made a part of the comprehensive

18 state capital budget which shall be adopted by the legislature.

19 Section 14. Management of State Funds; Public Record

20 Section 14. All reports and records of the collection, ex-

21 penditure, investment, and use of state moneys and all re-

22 ports and records relating to state obligations shall be

23 matters of public record, except returns of taxpayers and

24 matters pertaining thereto.

25 Section 15. Management of State Funds; Investment

26 Section 15. All money available for investment in the cus-

27 tody of the state treasurer shall be invested as provided by

28 law.

29 Section 16. Management of State Funds; Loan or Pledge

30 of Public Credit; Relief of Destitute; Donation; Transfer of

31 Property; Leasing of Health Institutions

•^2 Section 16. (A) The funds, credit, property or things of

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CC-1076

C. P. No. 15

1 value of the state, or of any political corporation thereof,

2 shall not be loaned, pledged, or donated to or for any person

3 or persons, associations or corporations, public or private,

4 nor shall the state nor any political corporation purchase or

5 subscribe to the capital stock or stock of any corporation or
g association whatever or for any private enterprise.

7 (B) Nothing contained in this Section shall prevent inter-

g cooperation between the state and its political corporations

9 or between political corporations, or between the state or its

10 political corporations and the United States, or between the

11 state or its political corporations and any public or private I

12 association or corporation or individual for a public purpose.

13 Section 17. Release of Obligation to State, Parish or Munic-
] 4 ipal Corporation ; Taxes on Confiscated Property

15 Section 17. The legislature shall have no power to release

16 or extinguish or to authorize the releasing or extinguish- I

17 ment, in whole or in part, of the indebtedness, liability, or

18 obligation of any corporation or individual to the state, or

19 to any parish or municipal corporation thereof, provided,

20 that the heirs to confiscated property may be released from

21 all taxes due thereon at the date of its reversion to them;

22 however, whenever any immovable property has been for-

23 feited or adjudicated to the state for the nonpayment of

24 taxes due prior to January 1, 1880, and the state did not

25 sell or dispose of the same or dispossess the tax debtor or

26 his heirs, successors, or assigns prior to the adoption of the

27 Constitution of 1921, it shall be presumed conclusively that

28 such forfeiture or adjudication was irregular and null or

29 that the property has been redeemed, and the state and its

80 assigns shall be estopped forever from setting up any title

81 to such property by virtue of such forfeiture or adjudication.

82 Section 18. Legislation to Enable Compliance with Federal

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CC-1076

C. P. No. 15
Laws and Regulations to Secure Federal Aid in Capital Im-
provement Projects

Section 18. The legislature may enact legislation to enable
the state, its agencies, boards, and commissions, and political
subdivisions of the state and their agencies to comply with
federal laws and regulations in order to secure federal par-
ticipation in the cost of capital improvement projects.



Page 9



Constitutional Convention of Louisiana of 1973
CC-1076

1 COMMITTEE PROPOSAL No. 15—

£ Introduced by Delegate Rayburn, Chairman, on behalf of

g the Committee on Revenue, Finance and Taxation, and Dele-

4 gates Alario, Badeaux, Brown, Champagne, Chehardy, Con-

5 roy, De Blieux, Edwards, Fontenot, Lowe, McDaniel, Mauber-
g ret. Mire, Newton, Nunez, Planchard, Roemer, Schmitt, Slay,
7 Smith, Triche and Winchester:

g A PROPOSAL

g Relative to the tax structure of the state and to public

10 finance.

11 Be it adopted by the Constitutional Convention of Louisiana

12 of 1973 :

13 ARTICLE XL REVENUE AND FINANCE

14 Section 1. Power to Tax; Public Purpose

15 Section 1. The power of taxation shall be vested in the

16 legislature, shall never be surrendered, suspended, or con-

17 tracted away, and shall be imposed for public purposes only.

18 Section 2. Power to Tax; Limitation

19 Section 2. The levy of a new tax and any increase in an

20 existing tax and any repeal of an existing exemption from a

21 tax shall require the favorable vote of two-thirds of the

22 members elected to each house of the legislature, as evi-



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