Louisiana. Constitutional Convention (1973).

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

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22 Section 11. Salaries of public officers may be changed

23 only by two-thirds of the elected members of each house of

24 the legislature.

25 Section 12. Local or Special Laws

26 Section 12. The legislature shall pass no local or special

27 law when a general law is or can be made applicable.

28 Section 13. Local or Special Laws; Notice of Intention;

29 Publication

30 Section 13. No local or special law shall be introduced into

31 the legislature unless notice of the intention to introduce such

32 law has been published, without cost to the state, in the local-

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.• ity where the matter or things to be affected are situated on

n two separate days, the last day of which is at least thirty

q days prior to the introduction of such a bill into the legisla-

A ture. The notice shall state the substance of the contemplated

c law. Every such bill shall contain a recital that the notice

g has been given.

IT Section 14. Suits Against the State

a Section 14. The legislature may authorize suit to be filed

against the state, its agencies, and political subdivisions, and

in shall provide a method of procedure and the effect of the

11 judgments which may be rendered therein. Any law enacted

12 for the purpose shall waive immunity from suit and from

13 liability.

14 Section 15. Continuity of Government

15 Section 15. The legislature shall provide for the orderly

16 and temporary continuity of government, in periods of emer-

17 gency, until such time as the normal processes of government
Ig can be reestablished in accordance with the constitution and

19 laws of the state. It shall also provide for the prompt and

20 temporary succession to the powers and duties of public

21 offices, the incumbents of which may become unavailable to

22 e.xecute the functions of their offices.

23 Section 16. Style of Laws; Enacting Clause

24 Section 16. The style of the laws of this state shall be:

25 "Be it enacted by the Legislature of Louisiana." It shall not

26 be necessary to repeat the enacting clause after the first sec-

27 tion of an act.

28 Section 17. Passage of Bills

29 Section 17. (A) The legislature shall enact no law and

30 propose no amendment to the constitution e.xcept by a bill.
81 Every bill, except the general appropriation bill and bills for
32 the enactment, rearrangement, codification, or revision of a

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system of laws, shall be confined to one object and shall con-
tain a brief title indicative of its object.

-> (B) All bills enacting, amending, or reviving laws shall

,1 set forth completely the provisions of the laws enacted,

5 amended, or revived, and no system or code of laws shall be

g adopted by general reference to such system or code of laws.

7 (C) No bill shall be so amended in its passage through

g either house as to change its original object.

9 (D) Every bill shall be read at least by title on three

JQ separate days in each house. No bill shall be considered for

11 final passage unless it has been reported on by a committee.

12 (E) No bill which has been rejected by either house may

13 again be proposed or considered in the same house during
J4 the same session without the consent of a majority of the

15 members elected to the house which rejected it.

16 (F) No amendments to bills by one house shall be concurred

17 in by the other, nor shall any conference committee report be

18 concurred in by either house except by the same vote required

19 for final passage of the bill. The vote thereon shall be by

20 record vote.

21 (G) No bill shall become law without the concurrence of

22 at least a majority of the members elected to each house. Final

23 passage of a bill shall be by record vote. At the request of

24 one-fifth of the members elected to either house, a record vote

25 shall be taken on any other measure or for any other purpose.

26 Section 18. Appropriations

27 Section 18. (A) No money shall be withdrawn from the

28 state treasury except through specific appropriation, and no

29 appropriation of money shall be made for contingencies or

30 for longer than two years.

31 (B) All bills for raising revenue or appropriating money

32 shall originate in the House of Representatives, but the Sen-

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1 ate may propose or concur in amendments, as in other bills.

2 (C) The general appropriation bill shall be itemized and

3 shall contain only appropriations for the ordinary operating

4 e.xpenses of government, public charities, pensions, and the

5 public debt and interest thereon.

6 (D) All other bills for appropriating money shall be for a

7 specific purpose and for a specific amount.

8 (E) Any bill appropriating money in an extraordinary

9 session of the legislature convened after final adjournment

10 of the regular session held in the last year of the term of

11 office of a governor, except for expenses of the legislature,

12 shall require the approval of three-fourths of the elected

13 members of each house.

14 Section 19. Signing of Bills; Delivery to Governor

15 Section 19. (A) A bill that has been pas.sed by both houses

16 of the legislature shall be signed by the presiding officers of

17 both houses and shall be submitted to the governor for his

18 signature or other action. Delivery to the governor shall be

19 within three days after passage.

20 (B) No joint, concurrent, or other resolution shall require

21 the signature or other action of the governor.

22 Section 20. Signature of Governor on Bills; Veto

23 Section 20. (A) A bill shall become law if the governor

24 does not sign or veto the bill within ten days after its delivery

25 to him if the legislature is in session or within twenty days if

26 the legislature is adjourned.

27 (B) If the governor does not approve of a bill, he may

28 veto it and return it to the legislature, with his veto message,

29 within twelve days after its delivery to him if the legislature

30 is in session. If the legislature has adjourned before the gov-

31 ernor vetoes or returns one or more bills, he shall return

32 them, with his veto message, to the legislature as provided by

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■1 law. Any bill thus returned by the governor and subsequently 1

o approved by two-thirds of the elected members of each house 2

o shall become law. 3

A (C) The presiding officers of both houses shall convene 4

c the legislature in veto session upon the written request there- 5

g for, by at least a majority of the members elected to each 6

Y house, on the thirty-fifth day after final adjournment of each 7

g session, for the sole purpose of reconsidering the bills vetoed 8

by the governor. The veto session shall not exceed five con- 9

jQ secutive days. 10

jj Section 21. Effective Date of Laws 11

22 Section 21. All laws shall be published as provided by law 12

13 and shall take effect on the sixtieth day after final adjourn- 18

14 ment of the session in which they were enacted. However, 14

15 any bill may specify an earlier or later effective date. 15

16 Section 22. Suspension of Laws 16

17 Section 22. No power of suspending laws of this state shall 17

18 be exercised except by the legislature and then only by the 18

19 same vote required for final passage of the law proposed to 19

20 be suspended. The vote thereon shall be by record vote. 20

21 Section 23. Corporations; Perpetual or Indefinite Dura- 21

22 t'on ; Dissolution ; Perpetual Franchises or Privileges 22

23 Section 23. The legislature may authorize the organiza- 28

24 tion of corporations for perpetual or indefinite duration. 24

25 However, every corporation shall be subject to dissolution 25

26 or forfeiture of its charter or franchise, as provided by law. 26

27 Neither the state nor any political subdivision shall grant a 27

28 perpetual franchise or privilege to any person or corporation. 28

29 Section 24. State and District Officers; Impeachment; Con- 29

30 viction; Effect 30

31 Section 24. (A) All state and district officers, whether "1

32 elected or appointed, shall be liable to impeachment for fel- ""

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onies, incompetency, corruption, extortion, oppression in of-
fice, gross misconduct, or habitual drunkenness.

(B) All impeachments shall be originated by the House of
Representatives and shall be tried by the Senate. Two-thirds
of the members elected to the Senate shall be necessary to
convict. The Senate may sit for said purpose whether or not
the House is in session and may adjourn as it thinks proper.

(C) Judgment of conviction in impeachment cases removes
and debars the person from holding any office under the state,
but neither conviction nor acquittal shall prevent prosecution
and punishment otherwise according to law. Impeachment
proceedings shall suspend any officer except the governor or
acting governor, and the office shall be filled by the governor
until decision of impeachment.

Section 25. Removal by Suit; Officers Subject; Commence-
ment of Suit

Section 25. The legislature shall provide for the removal
by suit of any state, district, parochial, ward, or municipal
officer except the governor, lieutenant governor, and judges
of the courts of record.

Section 26. Recall

Section 26. The legislature shall provide for the recall by
election of any state, district, parochial, ward, or municipal
officer except judges of the courts of record. The sole issue
at any recall election shall be whether such officer shall be
recalled.



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Constitutional Convention of Louisiana of 1973
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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-
g drum, LeBreton and O'Neill:

A PROPOSAL

7 Makinf; provisions for the legislative branch of government,
g 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:

12 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

16 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 extend for

23 not more than fifty-five legislative days. The legislature shall

24 convene at twelve o'clock noon on the fourth Monday in

25 April of each year for not to exceed five calendar days.

26 During this period no committee shall report and neither

27 house shall adopt any bill or resolution which is intende'l

28 to have the effect of law. Not later than the close of the

29 fifth calendar day the legislature shall adjourn and stand

80 in recess until twelve o'clock noon on the second Monday in

81 May, at which time the legislature shall reconvene for not

82 to exceed fifty legislative days, which shall not extend in

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J any year beyond sixty calendar days following the second

2 Monday in May. During the interim between adjournment

3 and reconvening, the committees of the houses may meet and

4 hold hearings, but shall take no vote with respect to any

5 bill or resolution referred to them. No new matter intended
g to have the effect of law shall be introduced during any
7 regular session after midnight of the third Monday in May
g of each year. A legislative day is a calendar day on which
9 either house of the legislature is in session.

10 (B) The legislature may be convened at other times by the

11 governor or. shall be convened upon the written request of

12 a majority of the elected members of each house, by the

13 presiding officers of both houses. The governor or the

14 presiding officers of both houses, as the case may be, shall

15 issue a proclamation at least five days prior to convening the
14 legislature into extraordinary session. The proclamation shall

17 state the object or objects for convening the legislature in

18 extraordinary sessions, the date on which the legislature is

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

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

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

22 ated in the proclamation convening the extraordinary session,
29 and the session shall be limited to the number of days named
24 therein, which shall never exceed thirty calendar days.

26 Section 3. Size

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

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

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

29 not exceed one hundred and eleven.

80 Section 4. Qualifications; Residence Requirements; Term;

81 Vacancies ; Salary

32 Section 4. (A) Every elector who at the time of the general

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1 election shall have reached the age of eighteen years shall be

2 eligible to membership in the House of Representatives. Every

3 elector who at the time of the general election shall have
A reached the age of twenty-one years shall be eligible to
c membership in the Senate.

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

7 lature unless at the time of the general election he shall have

g been a resident of the state for two years and actually

9 domiciled within the legislative district from which he seeks

IQ election for one year immediately preceding his election.

11 However, at the next regular election for members of the

12 legislature following the reapportionment of the legislature, a

13 person may qualify for election to either house of the legis-

14 lature from any district created in whole or in part from the

15 district existing prior to reapportionment in which such

16 person was domiciled, if he was domiciled in that prior

17 district for at least one year immediately preceding his elec-

18 tion. The seat of any member who changes his domicile

19 from the legislative district which he represents shall be

20 vacated thereby, any declaration of a retention of domicile

21 to the contrary notwithstanding.

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

23 terms of four years each.

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

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

26 tion, as provided by law.

27 (E) The members of the legislature shall be compensated

28 by an annual salary which shall be fixed by a majority

29 vote of the elected members of each house of the legislature.

30 The amount fixed may be changed only by two-thirds of the

31 elected members of each house of the legislature, to be

32 effective at a term other than that for the members presently

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J serving.

2 Section 5. Legislative Apportionment; Judicial Review;

3 Apportionment by Supreme Court

4 Section 5. (A) Not later than the end of the first year

5 following the year in which the population of this state is

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

7 cennial federal census, the legislature shall apportion the

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

9 population as shown by the census. Within ten days after the
10 legislature adopts an apportionment plan the presiding of fi-
ll cers of the two houses shall submit the plan to the supreme

12 court for review.

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

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

15 ten days after the close of the year above specified shall ap-

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

17 of this Section.

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

19 vided by law.

20 Section 6. Judging Qualifications and Election; Procedural

21 Rules; Discipline; Officers

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

23 fications and elections of its own members, determine the

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

25 orderly conduct or contempt and, with the concurrence of

26 two-thirds of its elected members, may expel a member. Ex-

27 pulsion shall create a vacancy in the office.

28 (B) Each house shall have power to compel the atten-

29 dance and testimony of witnesses and the production of books

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

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

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

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1 disobedience of its orders.

2 (C) Each house shall choose its own officers, including a
J permanent presiding officer selected from its membership,

4 who shall be designated in the Senate as the president of the

5 Senate and in the House as the speaker of the House of
Rf-prrisentatives. The clerical officers of the two houses

7 lir.ll be the cleric of the House of Representatives and the

8 .vecio!aiy of the Senate, each of whom shall have the power

9 ,0 administer oaths.

10 Section 7. Privileges and Immunities

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

12 txcept felony, be privileged from arrest during their atten-
18 dance at the sessions and committee meetings of their respec-

14 tive houses and in going to and returning from the same. No

15 member shall be questioned in any other place for any speech

16 or debate in either house.

17 Section 8. Conflict of Interest

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

19 effort to realize personal gain through official conduct is a

20 violation of that trust. The legislature shall enact a code of

21 ethics prohibiting conflict between public duty and private

22 interests of members of the legislature.

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

24 journment; Consent of Other House

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

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

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

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

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

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

31 accurately reflect the proceedings of that house, including

32 all record votes. A record vote is a vote by yeas and nays.

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1 with said yeas ami nays being published in the journal.

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

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

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

5 the other house.

6 Section 10. Legislative Auditor

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

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

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

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

11 auditor shall be responsible solely to the legislature and shall

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

13 such duties and functions relating to the auditing of the

14 fiscal records of state and local governments as are provided

15 bylaw.

16 Section 11. Salaries of Public Officers; Change

17 Section 11, Except as otherwise provided in this constitu-

18 tion, salaries of public officials may be changed only by

19 two-thirds vote of the elected members of each house of

20 the legislature; provided that the salaries of public officers

21 shall not be reduced during the term for which they are

22 elected or appointed.

23 Section 12. Local or Special Laws

24 Section 12. The legislature shall pass no local or special

25 law when a general law is or can be made applicable.

26 Section 13. Local or Special Laws; Notice of Intention;

27 Publication

28 Section 13. No local or special law shall be introduced into

29 the legislature unless notice of the intention to introduce such

30 law has been published, without coat to the state, in the local-

31 ity where the matter or things to be affected are situated on

32 two separate days, the last day of which is at least thirty

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1 days prior to the introduction of such a bill into the legisla-
■m ture. The notice shall state the substance of the contemplated
a law. Every such bill shall contain a recital that the notice
1 has been given.

£ Section 14. Suits Against the State

f. Section 14. The legislature may authorize suit to be filed
(I against the state, its agencies, and political subdivisions, and
m shall provide a method of procedure and the effect of the
• judgments which may be rendered therein. Any law enacted
■lA for the purpose shall waive immunity from suit and from
11 liability.

lo Section 15. Continuity of Government
lo Section 15. The legislature shall provide for the orderly
1 J and temporary continuity of state government, in periods of
1 c emergency, until such time as the normal processes of govern-
i« ment can be reestablished in accordance with the constitution
JY and laws of the state. It shall also provide for the prompt and
ig temporary succession to the powers and duties of public
IJ offices, the incumbents of which may become unavailable to
2Q execute the functions of their offices.
fl Section 16. Style of Laws; Enacting Clause
22 Section 16. The style of the laws of this state shall be:
28 "Be it enacted by the Legislature of Louisiana." It shall not
24 be necessary to repeat the enacting clause after the first sec-
26 tion of an act.
26 Section 17. Passage of Bills
2T Section 17 (A) The legislature shall enact no law except

28 by a bill, and shall propose no amendment to the constitution

29 except by a joint resolution, which shall be processed as a

50 bill. Every bill, except the general appropriation bill and bills

51 for the enactment, rearrangement, codification, or revision of

52 a system of laws, shall be confined to one object and shall

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1 contain a brief title indicative of its object.

2 (B) All bills enacting, amending, or reviving laws shall
S set forth completely the provisions of the laws enacted,

4 amended, or revived, and no system or code of laws shall be

5 adopted by general reference to such system or code of laws.
(C) No bill shall be amended in its passage through
7 eiiher lu u^o so as to make a change noi germane to the bill
g as originally introduced.

9 (D) Every bill shall be read at least by title on three

10 .separate days in each house. No bill shall be considered for

11 final passage unless it has been reported on by a committee.

12 (E) No bill which has been rejected by either house may

15 again be proposed or considered in the same house during
14 the same session without the consent of a majority of the

16 members elected to the house which rejected it.

18 (F) No amendments to bills by one house shall be concurred

17 in by the other, nor shall any conference committee report be

18 concurred in by either house except by the same vote required

19 for final passage of the bill. The vote thereon shall be by
10 record vote.

21 (G) No bill shall become law without the concurrence of

£2 at least a majority of the members elected to each house. Final

23 passage of a bill shall be by record vote. At the request of

24 one-fifth of the members elected to either house, a record vote
26 shall be taken on any other measure or for any other purpose.

26 Section 18. Appropriations

27 Section 18. (A) No money shall be withdrawn from the

28 state treasury except through specific appropriation, and no

29 appropriation of money shall be made for contingencies or
80 for longer than two years.

31 (B) All bills for raising revenue or appropriating money

32 shall originate in the House of Representatives, but the Sen-

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1 ate may propose or concur in amendments, as in other bills.



Online LibraryLouisiana. Constitutional Convention (1973)Records of the Louisiana Constitutional Convention of 1973 (Volume 4) → online text (page 3 of 65)