Louisiana. Constitutional Convention (1973).

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

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25 the legislature, the Interim Emergency Board may appropriate
jt from the State General Fund, or borrow upon the full faith and

27 credit of the state an amount to care for an emergency, which

28 is an event or occurrence not reasonably anticipated by the

29 legislature.

30 (C) The aggregate of indebtedness outstanding at

31 any one time and the amount appropriated from the State

32 General Fund for the current fiscal year under the author-

33 Ity of this Section shall not exceed one-tenth of one

2A percent of total state revenue receipts for the previous

«f fiscal year .

12 sold by the state, directly or through any state board,

13 agency, or commission, or by any political subdivision of

14 the state, unless prior written approval of the State Bond

15 Commission is obtained .

jg (C) Limited Time for Contesting State Bonds. Bonds,




notes, certificates, or other evidence of indebtedness of the
state (hereafter referred to collectively as "bonds") shall not

19 be invalid for any irregularity or defect in the proceedings

20 or the issuance and sale thereof, and shall be incontestible

21 in the hands of a bona fide purchaser or holder thereof. The

22 issuing agency, after authorizing the issuance of bonds by

23 resolution, shall publish once in the official journal of the

24 state as provided by law a notice of intention to issue the bonds

25 and a description thereof and the security therefor and for a

26 period of thirty days only after such publication any person in

27 Interest shall have the right to contest the legality of said

28 resolution and any provision therein of the bonds to be issued
2Q pursuant thereto and the provisions securing the bonds and the

30 validity of all other provisions and proceedings in connec-

31 tion with the authorization and issuance of the bonds.

32 If such action or proceedings shall not have been instituted

33 within the said 30 day period, no one shall have any right

34 of action to contest the validity of the bonds or the

35 provisions of the resolution pursuant to which the bonds

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C. P. No. 15

1 were issued or the security of the bonds or the validity

2 of any other provisions or proceedincs In connection with

3 the authorization and issuance of the bonds and all the
bonds conclusively shall be presumed to be legal, and no court
thereafter shall have authority to inquire into such matters.

Section 11. Collection of State Funds; Bond Security
and Redemption Fund

Section 11. All money received by thp state or by
9 any state board, agency, or commission, immediately upon
5Q receipt, shall be deposited in the state treasury, except
*, money received as the result or grants or donations or other


forms of assistance when the terms and conditions thereof

13 or of agreements pertaining thereto require otherwise, and

1^ except money received by trade or professional associations,

15 the employment security administration fund or its

15 successor, retirement system funds and except money received

17 by state agencies operating under authority of this constitution

18 preponderantly from fees and charges for the shipmeftt of goods


In international maritime trade and commerce.

2Q Subject to contractual obligations existing at the

21 time this constitution Is adopted, all state money

22 deposited in the state treasury, except money received as

23 the result of grants or donations or other forms of assistance

24 when the terms and conditions thereof or of agreements pertain-

25 Ing thereto require otherwise, shall be credited to a special

26 fund designated as the Bond Security and Redemption Fund. In

27 each fiscal year there hereby is allocated from the Bond

28 Security and Redemption Fund an amount sufficient to pay all

29 obligations, including but not necessarily limited to principal,

30 interest, premiums, sinking or reserve fund requirements, which

31 are secured by the full faith and credit of the state and which

32 become due and payable within the current fiscal year. Thereafter,

33 except as otherwise provided by law, all money remaining in the

34 Bond Security and Redemption Fund shall be credited to the State

35 General Fund.


C. P. No. 15

1 Nothing contained in this Section shall apply to any levee

2 district or to any political subdivision unless the full

3 faith and credit of the state is pledged Co the payment of
A the bonds of such levee district or political subdivision.

5 Section 12. Expenditure of State Funds

6 Section 12. (A) Except as otherwise provided in this

7 constitution, money shall be drawn from the state

8 treasury only pursuant to an appropriation made in accor-

9 dance with law.

10 (B) Total appropriations made by the legislature for

11 any fiscal year shall not be greater than the anticipated

12 revenues of Che sCace.

13 (C) The legislature shall provide for the publication of

14 a regular statement of receipts and expenditures of all state

15 money at intervals of not more than one year.

15 (D) No appropriation shall be made except for public

17 purposes .

Ig Section 13. Management of State Funds; Budgets

Section 13. (A) The governor shall submit to the
legislature, at a time fixed by law, a budget estimate for
the next fiscal year setting forth all proposed state expen-
ditures and anticipated state revenues, and shall cause to be
submitted a general appropriation bill to authorize the proposed
ordinary operating expenditures and, if necessary, a bill or bill;

25 containing recommendations for new or additional revenues.

*, (BJ The governor shall submit to each regular session

27 of the legislature a proposed five-year capital outlay pro-

28 gram with a request for implementation of the first year of

29 the five-year program. All capital outlay projects ap-

30 proved by the legislature shall be made a part of the corn-
el prehensive state capital budget which shall be adopted by

32 the legislature.

33 Section lA. Management of State Funds; Public Record
3^ Section lA. All reports and records of the collection,
35 expenditure. Investment, and use of state moneys and all


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C. P. No. 15

1 reports and records rel.itlng to state obligations shall be

2 matters of public record, except returns of taxpayers and

3 matters pertaining theriao.

4 Section 15. Managimont of State Funds; Investment

5 Section 15. All muncy available for Investment in
J the custody of the stati. treasurer shall be Invested as
J provided by law.

g Section 16. Managiment of State Funds; Donation, Loan,

9 or Pledge of Public Credit

10 Section 16. (A) Kxcept as otherwise provided in this

11 constitution, the funds, credit, property or things of value

12 of the state, or of any political subdivision thereof, shall

13 not be loaned, pledged, or donated to or for any person or

14 persons, associations or corporations, public or private, nor

15 shall the state nor any political subdivision purchase or

16 subscribe to the capital stock or stock of any corporation or

17 association whatever or for any private enterprise.

18 (B) Nothing contained in this Section shall prevent:

19 (1) the use of public funds for programs of social welfare
2Q for the aid and support of the needy; (2) contributions of

21 public funds to pension ;ind insurance programs for the benefit

22 of public employees; (3) the legislature from authorizing the

23 pledge of such funds, credit, property, or things of value
21, for public purposes with respect to the issuance of bonds

25 or other evidences of Indebtedness to meet public obligations.

26 (C) Funds, credit, property or things of value of the

21 state or of any politiciil subdivision thereof heretofore loaned,

28 pledged, dedicated or gr.\nted by the prior laws of this state,

29 or authorized to be loam^d, pledged, dedicated or granted by

30 the prior laws and constitution of this state, shall so remain

31 for the full term as provided by the prior laws and constitution

32 and for the full term an provided by any contract, unless such

33 authorization is revoked by the legislature by a two-thirds vote

34 of the elected membership of each house ^f the legislature prior

35 to the vesting of any contractual rights pursuant to this

rage 8


C. p. No. 15

1 Section.

2 (D) The state and its political corporations may, for a

3 public purpose, engage in cooperative endeavors with each other

4 or with the United States or its agencies, or with any public

5 or private association or corporation or individual.

6 Section 17. Release of Obligation to State, Parish

7 or Municipal Corporation; Taxes on Confiscated

8 Property

9 Section 17. (A) The legislature shall have no power to
IQ release or extinguish or to authorize the releasing or

11 extinguishment, in whole or in part, of the indebtedness,

12 liability, or obligation of any corporation or individual

,^ to the state, or to any parish or municipal corporation

J, thereof, provided, that the legislature may establish a

_- system whereby claims by the state or political subdivisions

may be compromised, and provided, that the heirs to confiscated



17 property may be released from all taxes due thereon at the date

18 of its reversion to them; and provided that, whenever any

19 immovable property has been forfeited or adjudicated to

20 the state for the nonpayment of taxes due prior to January

21 1, 1880, and the state did not sell or dispose of the same

22 or dispossess the tax debtor or his heirs, successors, or

23 assigns prior to the adoption of the Constitution of 1921, it

24 shall be presumed conclusively that such forfeiture or

25 adjudication was irregular and null or that the property has

26 been redeemed, and the state and its assigns shall be estopped

27 forever from setting up any title to such property by virtue

28 of such forfeiture or adjudication.

29 (B) All taxes and licenses, other than real property

30 taxes, shall prescribe in three years from the thirty-first day
3j of December in the year in which such taxes or licenses are due,
•^j but prescription may be interrupted or suspended as provided by
-j^ law. No '.rate, district, parish, or other tax, license, fee or

3^ assessment of any kind or nature, with all interest charges and

•%t penalties appertaining thereto. Imposed , due or collect lb le»

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C. P. No. 15

upon any property, minerals or the severance thereof, or due
or payable by any person, firm or corporation upon anv business
operation or activity within the Tidelands area in dispute
between the state and the United States and within the state's
historic gulfward boundary three leagues from coast, as estab-
lished and defined by the Act of Congress of April 8, 1812,
which admitted this state into the Union, and as re-defined
In Act 33 of the 1954 Legislature of Louisiana, shall prescribe
until three years after the 31st day of December in the year
In which the controversy existing between the United States
and the State of Louisiana over its said state gulfward boundary
shall have been finally resolved and settled in accordance with
law; provided, however, no interest charges nor penalties shall
be assessed or collected on any such tax, license, fee or
assessment If such tax, license, fee or assessment is paid
within one year after the 31st day of December in the year In
which such controversy is finally resolved and settled.

Section 18. Legislation to Enable Compliance vith
Federal Laws and Regulations to Secure Federal Aid
In Capital Improvement 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 participation in the cost of capital improvement
projects .

Page 10

Constitutional Convention of Louisiana of 1973


2 Introduced by Delegate Lambert, Chairman, on behalf
Q of the Committee on Natural Resources and Environment,
A and Delegates Bollinger, Derbes, Elkins, Guidry, Hardee,
c Jack. LeBleu, Leigh, Miller, Munson, Perkins, Singletary,
g Thompson, Velazquez, Warren and Womack


g Making provisions relating to natural resources and environ-
y ment.

1Q Be it adopted by the Constitutional Convention of Lou-

11 isiana of 1973:


13 Section 1. Alienation of Water Bottoms; Reservation of

14 Mineral Rights

15 Section 1. The legislature shall neither alienate nor au-
IG thorize the alienation of the beds of navigable water bodies

17 except for purposes of reclamation by the riparian owner

18 to recover land lost through erosion occurring subsequent

19 to the date of adoption of this constitution, provided such

20 reclamation is effected within ten years from the date

21 on which the erosion occurs. Except as provided herein,

22 no bed of any navigable water body may be reclaimed

23 except for public use. The mineral rights on all property

24 sold by the state shall be reserved, except where the owner

25 or other person having the right to redeem may buy or

26 redeem property sold or adjudicated to the state for taxes.

27 This shall not prevent the leasing of such lands for mineral

28 or other purposes.

29 Section 2. Royalty Road Fund

30 Section 2. From all mineral leases to be granted by the

31 state, as well as from all mineral leases heretofore granted

32 by the state on state-owned land, lake and riverbeds, and

Page 1



C. P. No. 16

1 other water bottoms belonging to the state or the title

2 to which is in the public for mineral development, it is

3 hereby provided that ten percent of the royalties received

4 by the state from such lease or leases shall be placed,

5 by the state treasurer, as received, in a special fund to

6 the credit of the parish from which the production is had,

7 said fund to be known as Royalty Road Rund and that

8 said money so accumulated in said Royalty Road Fund

9 to the credit of said parish in which the production is

10 had, shall be subject to withdrawal by the State Depart-

11 ment of Highways, or its successor, for the purpose and

12 shall be used exclusively by said department or the suc-

13 cessor thereof for the building and constructing of black-

14 top, concrete or other hard-surfaced roads, highways,

15 bridges, and tunnels in said parish, and to purchase, op-

16 erate, and maintain automobile ferries in said parish.

17 Section 3. Minerals Beyond Three-Mile Limit

'.'8 Section 3. All revenues and royalties of every nature and

19 kind obtained from minerals of all kinds located beyond

20 the three-mile limit of the coastal waterways of the State

21 of Louisiana, shall be the property of the State of Loui-

22 siana, and all funds derived therefrom shall be deposited

23 in the state treasury and dedicated to the retirement and

24 payment of all existing bonded indebtedness of the State

25 of Louisiana.

26 Section 4. Tideland Mineral Revenues; Use of Funds

27 Section 4. Notwithstanding any other provision of the

28 constitution or of the laws of this state, all funds received

29 by the State of Louisiana during the calendar year 1966
80 and thereafter from revenues derived from tidelands mineral
31 leases and now or hereafter held in escrow under an agree-
82 ment executed by and between the State of Louisiana and

Pa>?e 2


C. P. No. 16

\ the United States government pending settlement of the

2 claims of the State of Louisiana with regard to its portion

3 of such revenues, but not including any portion of such

4 funds derived from royalties received by the state from

5 mineral leases which are required to be placed in the
g Royalty Road Fund to the credit of the parish from which

7 production is had and not including any portion of such

8 funds now dedicated or allocated to public education pur-

9 poses, shall be credited by the state treasurer to a special

10 fund in the state treasury.

11 So much of the monies credited to the special fund here-

12 inabove provided for as are needed for the purpose shall

13 be expended by the state treasurer, when authorized and

14 directed to do so by the Board of Liquidation of the State

15 Debt, to purchase and retire in advance of maturity the

16 callable bonds or other evidences of indebtedness of the

17 State of Louisiana or its agencies, boards, and commis-

18 sions. Monies thereafter remaining on deposit in said special

19 fund, which cannot be expended immediately for the purpose

20 hereinabove provided, shall be invested by the state trea-

21 surer, in such amounts as he in his discretion may deem

22 advisable and in the best interest of the state. Such funds,

23 including any interest earned thereon, shall be invested

24 and reinvested in time certificates of deposit in state banks

25 organized under the laws of Louisiana or national banks

26 having their principal office in the State of Louisiana and

27 in short-term United States Treasury bills and in bonds

28 and other direct obligations of the United States govern-

29 ment.

30 Out of the total funds remaining in the said special

31 fund on the last day of each calendar year there shall

32 be set aside such amount as is needed to pay the prin-

Page 3



C. P. No. 16

1 cipal of and interest on the outstanding bonded and other 1

2 indebtedness of the state and its agencies, boards, and 2
8 commissions in the next succeeding calendar year, as here- 8

4 inabove provided, and such funds so set aside shall be 4

5 so used. Thereafter, not more than ten percent of the total 5

6 value of the said special fund remaining on the last day 6

7 of each preceding calendar year, up to but not in excess 7

8 of ten million dollars, may be appropriated by the lesis- 8

9 lature during the first calendar year following the adoption 9

10 of this amendment in 1966 and in any calendar year there- 10

11 after, for capital improvements, including the purchase of 11

12 land, architect and engineering fees, construction costs and 12
18 equipment for buildings, and other costs. 13

14 This Section shall be self, operative and shall require 14

15 no further or other legislation to place it into effect. 15

16 Section 5. Commissioner of Agriculture 16

17 Section 5. The Department of Agriculture .shall be headed 17

18 by the commissioner of agriculture, who shall be elected 18

19 for a term of four years by the electors of the state as 19

20 prescribed by law. The duties and powers of the commis- 20

21 iioner shall be prescribed by the legislature. 21

22 Section 6. Natural Resources and Environment; Public 22

23 Policy 23

24 Section 6. The natural resources of the state, including 24

25 air and water, shall be protected, conserved, and, insofar 25

26 as possible, replenished, consistent with the health, safety, 26

27 and welfare of all people. The healthful, scenic, historic, 27

28 and esthetic quality of the environment shall be preserved 23

29 insofar as possible. The legislature shall implement this 29

30 policy by appropriate legislation. 30

31 Section 7. Wildlife and Fisheries Commission ^-^

32 Section 7. The wildlife of the state, including wild game

Page 4


C. P. No. 16
and nongame quadrupeds or animals, game, oysters, fish
and other aquatic life, are hereby placed under the control
and supervision of Louisiana Wildlife and Fisheries Com-
mission, consisting of seven members, appointed by the
governor, six of whom shall serve for a term of six years,
and one of whom shall serve for a term concurrent with
the term of the governor. Three shall be electors of the
coastal parishes and representatives of the commercial
fishir.g and fur industries, and three shall be electors from
the state at large.

No member shall be eligible for reappointment who shall
have served for as many as six years or more.

The specific functions, duties, and responsibilities of the
commission and the compensation of its members shall
Le us provided by the legislature.
Section 8. Forestry Commission

Section 8. The practice of forestry in the State of Louisiana
is hereby placed under a Louisiana Forestry Commission,
which is hereby established in the Executive Department.
The Louisiana Forestry Commission shall consist of seven
members, five of which are to be appointed by the governor
for terms of five years each, and two, namely the head
of the Department of Forestry at Louisiana State Uni-
versity and Agricultural and Mechanical College and the
director of Wildlife and Fisheries, who shall serve as ex
officio members of the commission by virtue of their of-
fices. Two of the members shall be owners or executive
managers of interests owning and operating timberlands;
one shall be the owner of farm lands interested in re-
forestation; one shall be a pulp and paper mill owner or
executive manager; and the fifth shall be the owner or
executive manager of interests manufacturing or treating
Page 5


C. P. No. 16

J poles, piling, posts, crossties, or veneer.

2 Section 9. State Forester

3 Section 9. A state forester shall be appointed by the

4 Louisiana Forestry Commission, and he must be a graduate

5 of forestry from an accredited school and have at least
g four years of forestry experience in the South.

rj Section 10. Public Service Commission

8 Section 10. The Public Service Commission is hereby

9 created to consist of five members elected at the time

10 fixed for congressional election from districts established

11 by law for overlapping terms of six years, provided that

12 the legislature shall establish initial terms of less than

13 six years to implement said composition.

14 Section 11. Authority

15 Section 11. The commission shall regulate all common
Ig carriers and other public utilities, adopt and enforce reason-

17 able rules, regulations, and procedures for the discharge

18 of its duties, and perform such other functions as pro-

19 vided by law.

20 Section 12. Limitations

21 Section 12. The commission shall have no authority to

22 regulate any public utility operated by the governing autho-

23 rity of a political subdivision except by the consent of a

24 majority of the electors voting in an election held for that

25 purpose, nor shall the commission have any authority to

26 regulate the price of natural gas sold for industrial use.

27 Section 13. Decisions ; Appeal

28 Section 13. The commission shall render a decision on

29 a rate proposal within six months from the date of filing

30 of such proposal; otherwise, the proposed schedule may

31 be placed in effect by the utility under bond or other

32 security, in accordance with procedures to be fixed by

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C. P. No. 16
the legislature. If the commission should fail to render
its decision within an additional period of three months,
the proposed schedule shall be deemed approved. Any de-
cision so rendered shall be subject to judicial review in
accordance with procedures otherwise provided in this con-

Section 14. Geothermal-Geopressure Resources

Section 14. The state shall conserve, manage, and regu-
late the development and utilization of geothermal-geo-
pressure resources for the benefit of all people including
future generations.

Section 15. Mineral Rights; Alluvion

Section 15. Mineral rights to land formed or exposed
by accretion or dereliction caused principally by acts of
man, on a water body the bed of which is owned by the
state, are retained by the state.

Section 16. Mineral Rights; Erosion

Section 16. Mineral rights to land lost by erosion caused
principally by acts of man, on a navigable water body,
are retained by the riparian landowner.


Page 7


Constitutional Convention of Louisiana of 1973


2 Introduced by Delegate Perez, Chairman, on behalf of the

Online LibraryLouisiana. Constitutional Convention (1973)Records of the Louisiana Constitutional Convention of 1973 (Volume 4) → online text (page 27 of 65)