Louisiana. Constitutional Convention (1973).

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

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5 of which such payment can be made, it shall levy, on all
g taxable property situated within the district, a tax suf-
7 ficient to pay for said property so used or destroyed to
g be used solely in the district where collected.

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

10 appropriation of said property before payment.

11 PART IV. PORTS

12 Section 50. Ports

13 Section 50. All deep-water port commissions and all

14 deep-water port, harbor, and terminal districts as they are

15 now organized and con.stituted, including their powers and

16 functions, structure and organization, and territorial juris-

17 diction, are ratified and confirmed and shall continue to

18 exist, except that:

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

20 from any such commission or district, including the

21 Board of Commissioners of the Port of New Orleans, any

22 of its powers and functions and may affect the structure

23 and organization, distribution, and redistribution of the

24 powers and functions of any such commission or district,

25 including its territorial jurisdiction, only by act passed by

26 a favorable vote of at least two-thirds of the elected mem-

27 bership of each house ;

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

29 and functions to any such commission or district and may

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

31 districts by law. However, in so doing the legislature shall

32 not restrict or diminish the powers and functions, struc-

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1 ture and organization, or territorial jurisdiction of an es-

2 tablished deep-water port commission or deep-water port,

3 harbor, and terminal district except by a favorable vote of

4 at least two-thirds of the elected membership of each

5 house;

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

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

8 vide for a change in the method of selection and composi-

9 tion of the Board of Commissioners of the Port of New

10 Orleans and define its territorial jurisdiction.

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

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

13 Board of Commissioners of the Port of New Orleans as

14 provided in Paragraphs (A) and (B) of this Section, ex-

15 cept that no change in the territorial jurisdiction of said

16 port shall affect the territorial jurisdiction of any other

17 existing deep-water port commission or deep-water port,

18 harbor, and terminal district.

19 (3) In the event the legislature does not exercise the

20 authority granted in subparagraph (1) above within ten

21 years after the adoption of this constitution, the composi-

22 tion of said board and territorial jurisdiction of said port
28 shall not be changed except in compliance with Paragraphs

24 (A) and (B) of this Section.

25 PART V. DEFINITIONS

26 Section 51. Terms Defined

27 Section 51. As used in this Article :

28 (1) "Local governmental subdivision" means any parish

29 or municipality ;

30 (2) "Political subdivision" means parishes and munici-

31 palities, and any other unit of local government, including

32 special districts, authorized by law to perform governmental

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1 functions ;

2 (3) "Municipality" means all incorporated cities, towns,

3 and villages ;

4 (4) "Governing authority" means the body which exer-

5 cises the legislative functions of the political subdivision;

6 (5) "Powers" means ability or capacity, synonymous with

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

8 dertaking or to provide or perform a certain service ;

9 (6) "Functions" means duty in the sense that it is com-

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

11 means onus or obligation to execute the power granted;

12 (7) "Structure and organization" means the structure and

13 organization and/or the particular distribution and redis-

14 tribution of powers and functions and/or the supervision,

15 control, and internal arrangement of the component parts

16 of the political subdivision.

17 (8) "General law" means a law of statewide concern en-

18 acted by the legislature which is uniformly applicable to

19 all persons or to all political subdivisions in the entire

20 state or which is uniformly applicable to all persons or

21 to all political subdivisions within the same class.

22 (9) "Local or special law" means any law enacted by
28 the legislature other than a general law ;

24 (10) "General obligation bond" means those bonds, the

25 principal and interest of which are secured by and payable

26 from ad valorem taxes levied without limitation as to rate

27 or amount ;

28 (11) "Deep-water port commissions and deep-water port,

29 harbor, and terminal districts" means those commissions or

30 districts within whose territorial jurisdiction exist facilities

31 capable of accommodating vessels of at least twenty-five

32 feet of draft and of engaging in foreign commerce.

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Constitutional Convei.tion of Loiiisian-j of 197'^

COMMITTEE PROPOSAL NUMBER 17

Introduced by Delegate Perez, Chaiman, on bciialf of the Coiu-
mittee on Local and Parochial Govemmenr, and Delegates
Burson, Cannon, Chatelain, Conino, D'Gerolamo, Fowler,
Giarrusso, Hayes, Heine, J. Jackson, Kean, Lanier,
Reeves, Shannon, Stephenson, Taylor, Toomy, Ullo,
and Zervigon

A PROPOSAL

Making general provisions for local and parochial government,
levee districts, and ports, the financing thereof, and
necessary provisions with respect thereto.

Be it adopted by the Constitutional Convention of Louisiana
of 1973:

ARTICLE VI. WCAL GOVERNMENT

Section 1. Creation, Dissolution, and Merger of Parishes;
Change of Parish Lines; Change of Parish Seats; Existing
Parishes

Section 1. (A) The legislature may establish and organize
new parishes, dissolve and merge parishes and change parish
boundaries, if two-thirds of the electors in each of the parishes
affected voting at an election held for the purpose in each
parish affected consent thereto.

(D) The governing authority of a parish, may call an election
on the question of changing the location of the parish seat. The
election shall be conducted in the manner provided by the general
election laws in the state, insofar as applicable. The location
of a parish seat shall be changed if two-thirds of the total vote
cast at the election is in favor thereof.

(C) All parishes and their boundaries as established under
existing law are recognized and ratified.



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1 Section 3, New or Enlarged Parishes; Adjustment of 1

2 Assets and Liabilities 2

3 Section 3. When a parish is enlarged or created from 3

4 contiguous territory, it shall be entitled to a just propor- ^

5 tion of the property and assets and shall be liable for a 5

6 just proportion of the existing debts and liabilities of g

7 the parish or parishes from which the territory is taken. 7

8 Section 5. Municipalities; Incorporation, Consolida- g

9 tion, Merger, and Government 9

10 Section 5. The legislature shall provide by general 10

11 law for the incorporation, consolidation, merger, and govern- H

12 roent of municipalities. No local or special law shall be 12

13 enacted to create a municipal corporation or to amend, modify, 13

14 or repeal its charter. However, if a municipality is operating 14

15 under a special legislative charter it may be amended, modified, 15

16 or repealed by local or special law as long as such munici- i^

17 pality continues to operate under such charter. I7

18 Section 6. Classification 1q

19 Section 6. Except as provided in this constitution, 19

20 the legislature may classify parishes or municipalities ac- 20

21 cording to population or on any other reasonable basis related 21

22 to the purpose of this classification, and legislation may be 22

23 limited in its effect to any of such class or classes. 23

24 Section 7. Existing Home Rule Charters and Plans of 24

25 Government of Parishes and Municipalities Ratified 25

26 Section 7. Every plan of government or home rule charter 26

27 existing or adopted when this constitution is adopted shall 27

28 remain in effect and may be amended, modified, or repealed 28

29 as provided therein. Except as inconsistent with the provisions 29

30 of this constitution, each local governmental subdivision 30

31 which has adopted such a home rule charter or plan of government 31

32 shall retain the powers, functions and duties in effect when 32

33 this constitution is adopted. Each of them, if its charter 33

34 perrrvits , shall also enjoy the right to any powers and functions 34

35 granted to other local governmental subdivisions. 35

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Section 8. Home Rule Charter

Section 8. (A) Subject to and not inconsistent with
the provisions of this constitution, any local governmental sub-
division may draft, adopt, or amend a charter of government to
be known as a home rule charter in accordance with the provisions
of this Section. The governing authority of any such local gov-
ernmental subdivision may appoint a commission to prepare and
propose a charter or alternate charter, or may call an election
for the purpose of electing such a commission.

(B) The governing authority of any such local governmental
subdivision shall call an election to elect a commission to pre-
pare and propose a charter or alternate charter when presented
with a petition signed by not less than ten percent of the
electors or ten thousand electors, whichever is the lesser,
who live within the boundaries of the affected subdivision, as
certified by the registrar of voters.

(C) A home rule charter shall be adopted, amended, or
repealed when approved by a majority of the electors who vote on
the proposal at an election called for that purpose.

(D) Two or more local governmental subdivisions sit-
uated within the boundaries of one parish may avail them-
selves of the provisions of this Section, provided that a
majority of the electors in each affected local governmental
subdivision who vote In an election held for that purpose
vote in favor thereof. The legislature shall provide for
the method of appointment or election of a commission to
prepare and propose such a charter consistent with Para-
graph (A) of this Section. However, at least one member of
the commission shall be elected or appointed from each
affected local governmental subdivision. The legislature
shall provide the method by which the electors of more than
one local governmental subdivision within the boundaries

of one parish may petition for an election for such
purpose consistent with Paragraph (B) of this Section.

(E) A home rule charter ado-Jted pursuant to the pro-

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1 visions of this Section shall provide for the structure and

2 organization, powers ¬ї and functions for the government

3 of the local governmental subdivision , which may include

4 the exercise of any power and performance of any function

5 necessary, requisite, or proper for the management of

6 its affairs, not denied by general law or inconsistent with

7 any provision of this constitution. The legislature shall

8 not pass any law the effect of which changes, modifies, or

9 affects the structure and organization and/or the particular

10 distribution and redistribution of the powers and functions

11 of any local governmental subdivision which operates under a

12 home rule charter.

13 (F) A local governmental subdivision adopting a home

14 rule charter under this Section shall also enjoy such

15 additional powers and functions as are granted to

16 local governmental subdivisions by other provisions of

17 this constitution, unless the exercise of such powers and

18 performance of such functions is prohibited by its charter.

19 (G) No home rule charter or plan of local government

20 shall contain any provision inconsistent with this constitu-

21 tion or any law now or hereafter enacted which affects the

22 offices of district attorney, sheriff, assessor, clerk of a

23 district court, coroner, parish school board, or city school

24 board.

25 (H) Notwithstanding any provision of this Article to

26 the contrary, the courts and their officers may be established

27 or affected only as provided in Article V of this constitution.

28 Section 9. Powers of Other Local Governmental Subdivisions

29 Section 9. (A) Subject to and not inconsistent with any

30 provision of this constitution , the governing authority of

31 any other local govem.nental subdivision may exercise any

32 power and perform any function necessary, requisite, or proper

33 for the iranagement of the affairs of the local governmental sub-

34 division not denied by its charter or by general law, provided

35 that a majority of the electors in the affecc^d locil govem-



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C. P. No. 17

1 mental subdivision who vote in an election held for that

2 purpose vote in favor of the proposition that such governing

3 authority may exercise such general powers. In the absence

^ of such a favorable vote , such local gove mmental subdivision

5 shall have such powers as authorized by this constitution or

6 by law .

7 (B) Nothing contained in this Section shall be con-

8 strued to affect the powers and functions of a parish or

9 city school board and the offices of district attorney,

10 sheriff, clerk of a district court, coroner, or assessor.

11 (C) Notwithstanding any provision of this Article

12 to the contrary, the courts and their officers may be

13 established or affected only as provided in Article V of

14 this constitution.

15 Section 11. Home Rule Parish; Incorporation of

16 Cities, Towns, and Villages

17 Section 11. No parish plan of government or home

18 rule charter shall prohibit the incorporation of cities,

19 towns, or villages as provided by general law.

20 Section 12. Limitations of Local Governmental

21 Subdivisions

22 Section 12. (A) Local governmental subdivisions shall

23 not: (1) define and provide for the punishment of a felony;

24 or (2) except as may be provided bv law, enact private or

25 civil ordinances governing civil relationships.

26 (B) Notwithstanding any provision of this Article, the

27 police power of the state shall never be abridged.

28 Section 12.1. Codification of Ordinances

29 Section 12. 1. The governing authority of each political

30 subdivision shall within two years of the effertive date of

31 the adoption of this consti tution , cause a code to be prepared

32 containing all of the ordinances of the political subdi vision

33 of general appl ication which are appropria te for cunti nuat i on

34 as law. l^ien the code shall have been prepared the governing.

35 authority of the poll ti cat subdivision shall muse copies of

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1 the same to be prepared and made available for public dis-

2 tribucion. All proposed ordinances of general application

3 adopted after the approval of the code shall be adopted as

4 amendments or additions to the code.

5 Section 13. Local Officials

6 Section 13. The electors of each local govemtnental

7 subdivision shall have the exclusive right to elect their

8 governing authority . Nothing herein shall be construed to

9 prohibit the election of the members of any governing

10 authority on the basis of single member districts.

11 Section lU. Local Officials; Compensation

12 Section 14. The compensation or method of fixing the

13 compensation of a local elected official of any local goveni-

14 mental subdivision which operates under a home rule charter

15 or plan of government as provided in Sections 7 and 8 of this

16 Article, shall be provided in its charter. The compensation

17 or method of fixing the compensation of local elected officials

18 of any other local governmental subdivision shall be provided

19 for by law. Compensation of local officials shall not be

20 reduced during the terms for which they are elected.

21 Section 15. Filling of Vacancies; Appointment

22 Section 15 . (A) Except as otherwise provided in this

23 constitution, and except for the office of assessor, a vacancy

24 in any local office filled by election wholly within the

25 boundaries of a local governmental subdivision or a parish or

26 city school district, shall be filled by appointment by the

27 governing authority of such local governmental subdivision

28 or school district in which the vacancy occurs, until it is

29 filled by election as provided by law.

30 (B) The provisions of this Section shall apply to all

31 local governmental subdivisions unless otherivise provided by

32 the hone rule charter or the home rule plan of government of

33 t le affected local gove mn-.ental subdivisions .

34 Section 16. Legislation Increasing Financial Burden of

35 Political Subdivisions; l.oca3 Ap-iroval



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Section 16. No law reauiring an increase in expenditures
for wages, hours, working conditions, pension and retirement
benefits, vacation or sick leave benefits of political subdivision
employees, except a law providing for civil service, min-
imum wages, working conditions, and retirement benefits for
firemen and municipal policemen, shall have effect until approved
by ordinance enacted by the governing authority of the political
subdivision affected thereby or until the legislature appro-
priates funds to the affected political subdivision for that
purpose and only to the extent and amount that such funds
are provided. Nothing in this Section shall be construed as
applying to parish and municipal school boards.

Section 17. Governing Authorities of Local Governmental
Subdivisions; Control Over Agencies They Create

Section 17. The governing authority of a local governmental
subdivision shall have general power over any agency heretofore
or hereafter created by it, including, without limitation, the
poirfer to abolish any such agency and to require prior approval of
any charge or tax levied, or bond Issued by such agency.

Section 18. Special Districts and Local Public Agencies ;
Consolidation, Merger, and Assumption of Debt

Section 18. (A) Any local governmental subdivision
may consolidate and merge into itself any special district
or local public agency, except a school district, situated and
having jurisdiction entirely within the boundaries of such
local governmental subdivision. Upon such merger and con-
solidation the local governmental subdivision shall succeed
to and be vested with all of the rights, revenues, resources,
jurisdiction, authority, and powers of such special district
or local public agency. No such merger and consolidation
shall take effect unless a majority of the electors voting
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and also a majority of the electors voting thereon In tho 1

affected special district vote in favor of such proposition. 2

No such action involving a local public agency shall take 3

effect unless a majority of the electors voting thereon 4

In the local governmental subdivision in which the local 5

public agency is located vote in favor thereof in an 6

election held for that purpose. 7

(B) If the special district or local public agency which B

is consolidated and merged has any outstanding indebtedness, 9

the authority provided for by this Section shal] not be exercised 10

unless provision is nade for the assumption of such indebtedness 11

by the governing authority or authorities of the local gov- 12

emmenCal subdivisions involved. 13

Section 19. Land Use, Zoning and Historic Preservation 14

Section 19. Subject to uniform legislatively established 15

procedures, local governmental subdivisions shall have authority 16

(1) to adopt regulations for land use, zoning and historic pre- 17
servation, which authority is declared to be a public purpose; 18

(2) to create commissions and districts to implement same; 19

(3) to review decisions of any such commissions; (4) and to 20
adopt standards for use, construction, demolition and modi- 21
fication of areas and structures. Existing constitutional 22
authority for historic preservation districts is retained. 23

Section 21. Industrial Areas 24

Section 21. The legislature may authorize parishes to 25

create and define industrial areas within their boundaries in 26

accordance with such procedures and subject to such regulations 27

as the legislature shall determine . All industrial areas so 28

created hereafter shall include provisions for access by public 29

road to any and all entrances to the premises of each and 30

every plant in such area which entrances are provided for use 31

by employees of such company, or for use by employees of 32

.ndependent contractors working on such premises, or for 33

delivery of materials or supplies, other than by rail or 34

water transportation , to such premises . Where individual 35



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plants provide police protection this protection shall be

confined to the premises of each individual plant located

in the area. Industrial areas shall not be subdivisions

of the state .

Section 22. Creation of Special Districts by the
Legislature ; Authority

Section 22. Subject to and not inconsistent with the
provisions of this constitution, the legislature by general
law or by local or special law may create or authorize the
creation of special districts, boards, agencies , commissions ,
and authorities of every type, define their powers, and grant
to the special districts, boards , agencies, commissions, and
authorities so created such rights, powers, and authorities
as it deems proper. Including, but not limited to, the power
of taxation, the power to incur debt and issue bonds.

Section 23. Intergovernmental Coope ration

Section 23. Any political subdivision may exercise
and perform any of its authorized powers and functions, in-
cluding financing, jointly or in cooperation with one or
more political subdivisions, either within or without the
state, with the United States or agencies thereof, except as the
legislature shall provide otherwise by law.

Section 24. Assistance to Local Industry by Political
Subdivisions; Deep-VJater Port Commission, or Deep-
Water Port, Harbor, and Terminal Districts

Section 24. Subject to such restrictions as it may impose,
the legislature may authorize any political subdivision, deep-
water port commission, or deep-water port, harbor, and terminal
district, in order (I) to induce and encourage the location of
or addition to industrial enterprises therein which would have
economic Impact upon the area and thereby the state, or (2) to
provide for the establishment and furnishing of such industrial!
plant , or (3) to provide movable or immovable property, or
both, for pollution control facilities: (a) to issue bonds,
subject to the approval of the State Bond Commission, or nny



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successor thereto, and to use the funds derived from the

sale thereof to acquire and improve industrial plant sites

and other property necessary to the purposes thereof; (b)

to acquire, through purchase, donation, exchange, and

subject to Article I, Section 4, expropriation, and to

improve industrial plant buildings and industrial plant

equipment, machinery, furnishings, and appurtenances; and

Cc) to sell, lease, lease-purchase, or demolish all or any

part of the foregoing.

No property expropriated under the authority of this



Online LibraryLouisiana. Constitutional Convention (1973)Records of the Louisiana Constitutional Convention of 1973 (Volume 4) → online text (page 32 of 65)