Louisiana. Constitutional Convention (1973).

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

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Article shall ever, directly or indirectly, be sold or
donated to any foreign power, any alien, or any corporation
in which the majority of the stock is controlled by any
foreign power, alien corporation, or alien.

The provisions of this Section shall not apply to
school boards .

Section 26. Uniform Procedure for Calling, Conducting,
and Canvassing the Returns of Certain Special
Elections

Section 26. When any election is required to be held
in any political subdivision pursuant to the provisions of
this constitution v^hich require submission to the electors
of any proposition or question, the election shall be called,
conducted, and the returns thereof canvassed, in accordance
with the procedures established by law pertaining to elections
for incurring bonded indebtedness and special taxes relative
to local finance, as the same now exists or may hereafter be
amended, or as may be otherwise provided by the legislature.

Section 27. Acquisition of Property

Section 27. Subject to and not inconsistent with any
provision of this constitution and subject to such restrictions
as the legislature may provide by general law, political
subdivisions may acquire property for any public purpose,
including but not United to acquisition by purchase, donation,
expropriation, or e::change.



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CC-1180

C. P. No. 17

Section 28. Servitudes of Vay ; Acouisition bv Pre-
scription
Section 28. The public, represented by the various
local governmental subdivisions, nay acquire servitudes of
way by prescription in the manner prescribed by law.
Section 29. Prescription Against State
Section 29. Prescription shall not run against the
state in any civil natter, unless otherwise provided in this
constitution or expressly by law.

PART II . FINANCE

Section 31. Parish Tax Limits; Increase; Withdrawal of
Municipality from Parish Taxing Authority

Section 31. (A) The governing authority of each parish
may levy an ad valorem tax for general purposes, in an
amount not to exceed in any one year, four mills on the
dollar of assessed valuation. However, in Orleans Parish the
limitation shall be seven mills and in Jackson Parish the
limitation shall be five mills. Mlllage rates may be in-
creased in any parish when approved by a majority of the
electors who vote in an election held for that purpose.

(B) When the millage increase is for other than general
purposes, the proposition shall state the specific purpose

or purposes for which the tax is to be levied, the length
of time the tax is to remain in effect, and all proceeds
of the tax shall be used solely for the purpose or purposes
set forth in the proposition.

(C) The amount of the parish tax for general purposes
which any parish, except the parish of Orleans, may levy,
without a vote of the electors, on property located wholly
within any municipality, which has u population in excess
of one thousand inhabitants according to the l.-ist federal
decennial census, or such other census as may he provided

for by law, and which provides and n;aintains a system of street



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1 paving , shall not exceed one -half the lax levy for general 1

2 purposes . 2

3 (D) This Section shall not be construed to repeal or 3

4 affect the withdrawal of property in a municipality from 4

5 parochial taxing jurisdiction, in whole or in part, by a 5

6 provision of the legislative charter of the nunicipality 6

7 in effect on the date of adoption of this constitution. 7

8 Section 32. Municipal Tax Limits; Increase 8

9 Section 32 . (A) The governing authority of each 9

10 municipality may levy an ad valorem tax for general purposes, 10

11 in an amount not to exceed in any one year, seven mills on 11

12 the dollar of assessed valuation; provided that where any 12

13 municipality Is, by its charter or by law, exempt from pay- 13
lA ment of parish taxes or, under legislative authority, main- 14

15 tains its own public schools, it may levy an annual tax not 15

16 to exceed ten mills of the dollar of assessed valuation. 16

17 Millage rates may be increased in any municipality when 17

18 approved by a majority of the electors who vote in an elec- 18

19 tion held for that purpose. 19

20 (B) When the millage increase is for other than gen- 20

21 eral purposes, the proposition shall state the specific pur- 21

22 pose or purposes for which the tax Is to be levied, the 22

23 length of time the tax is to remain in effect, and all pro- 23

24 ceeds of the tax shall be used solely for the purpose or pur- 24

25 poses set forth in the proposition. 25

26 (C) This Section shall not apply to the city of New 26

27 Orleans. 27

28 Section 33. Local Governmental Subdivision; Occupational 28

29 License Tax; Limitations 29

30 Section 33. Local governmental subdivisions may impose 30

31 an occupational license tax in an amount not greater than 31

32 that imposed by the state. However, those who pay municipal 32

33 occupational license taxes shall be exempt from parish occupa- 33

34 tional license taxes to the extent of the municipal tax. 34

35 Local governmental subdivisions nay impose an occupational 35



CC-1180
C. P. No. 17

license tax in an amount greater than that imposed by the state
when so authorized by an act passed by at least a two-thirds vote
of the elected membership of each house of the legislature.
Section 34 . Local Governmental Subdivisions and School

Boards ; Sales Tax Authorized ; Limitations ; Exemptions ;

Protection of Existing Sales Tax Authorizations and

the Security of Outstanding Bonds

(A) Except as otherwise authorized in a home rule charter
as provided for in Section 7 of this Article, any local govern-
mental subdivision or school board may levy and collect a tax
upon the sale at retail, the use, the lease or rental, the
consumption and storage for use or consum.ptlon of tangible
personal property and on sales of services as defined by law,

if approved by a majority of the electors who vote in an electior
held for that purpose. The rate thereof, when combined with the
rate of all other presently imposed or future sales and use
taxes, exclusive of state sales and use taxes, levied and collec-
ted within any local governmental subdivision, shall not exceed
three percent; however, the legislature may by general or special
law, authorize the imposition of additional sales and use taxes
by local governmental subdivisions or school boards, upon
approval by the electors thereof as herein provided. Nothing
contained in this Subsection shall be construed to affect any
sales or use tax authorized or imposed on the effective date of
this constitution or to affect or impair the security of any
bonds payable from such tax.

(B) Except where bonds in connection therewith have
been authorized, the legislature may uniformly exempt or
exclude any goods , tangible personal property, or services from
sales or use taxes levied by local governmental subdivisions,
school boards, and the state.

Section 35. Political Subdivisions; Taxing

Power; Limi tat Ions
Section 35 . Political subdivisions i.iay exercise the
power o? taxation, subject to such lirirations as may be



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elsewhere provided In the constitution, under authority

granted to then by the legislature for parish, municipal,

and local purposes, strictly public in their nature. The

provisions of this Section shall not apply to, nor affect,

similar grants to such political subdivisions under other

sections of this constitution which are self-operative.

Section 36. Special Taxes; Ratified

Section 36. (A) Any special tax being levied by any
political subdivision under prior laws or under the 1921
Louisiana Constitution, as amended, when this constitution
is adopted is hereby confirmed and ratified.

(B) For the purpose of acauiring, constructing, im-
proving, maintaining and operating any work of public Im-
provement, any political subdivision may levy special taxes
when authorized by a majority of the electors in the political
subdivision who vote in an election held for that purpose.

Section 38. Bonds of Political Subdivisions; General
Obligations

Section 38. The full faith and credit of every ooliti-
cal subdivision is hereby pledged to the payment of general
obligation bonds issued by it under this constitution or the
terms of the statute or proceedings pursuant to which they
are issued. The governing authority of the Issuing political
subdivision shall levy and collect or cause to be levied and
collected on all taxable propertv in the political subdivision
ad valorem taxes fully sufficient to pay principal and inter-
est and redemption premiums, if any, on such bonds as they
mature .

Section 39. Taxpayer Authorization of Political
Subdivision Bonds

Section 39. Subject to the approval of the State Bond
Comnission or any successor thereto, general obligation bonds
may be issued only after authorization by a vote of a najoritv
of the electors who vote on the preposition at an election
in the political subdivision issi.in? such bon.'is. ^.onds to



CC-1180

C. P. No. 17

1 refund outstanding indebtedness at the same or at a

2 lower effective rate of interest, even though payable

3 solely from ad valorem taxes, need not be so authorized

4 at an election if the indebtedness refunded is paid or

5 cancelled at the time of the delivery of the refunding

6 bonds, or If money, or securities made eligible for such purpose

7 by law, are deposited in escrow in an adequate amount, with in-

8 terest, to be utilized solely for the purpose of retiring the

9 refunded indebtedness or bonds and paying interest thereon

10 and redemption premiums, if any, to the time of retirement.

11 Section 40. Limitations on Bonded Indebtedness of

12 Political Subdivisions

13 Section 40. The legislature shall fix the limitation

14 on bonded indebtedness payable solely from ad valorem taxes

15 levied by political subdivisions.

16 Section 41. Limited Time for Contesting Bonds of

17 Political Subdivisions

18 Section 41. (A) For a period of sixty days from the

19 promulgation of the result of anv election held for the

20 purpose of incurring or assuming debt, issuing bonds, or

21 levying a tax, any person in interest shall have the right

22 to contest the legality of such election, the bond issue

23 provided for, or the tax authorized, for any cause after

24 which time no one shall have anv cause or right of action

25 to contest the regularity, formalitv, or legality of said

26 election, tax provisions, or bond authorization, for any

27 cause whatsoever. If the validity of any election, tax,

28 debt assumption, or bond issue authorized or provided for,

29 held under the provisions of this Section, is not raised within

30 the sixty days herein prescribed, the authority to incur or

31 assume debt, levy the tax, or issue the bonds, the legality

32 thereof, and the taxes and other revenues necessary lo pay

33 the same shall be conclusively presumed to be valid, and no

34 court shall have authority to inouire into such natters.

35 (B) F.very ordinance or ref^olu*- lov o-jthur i zinj', l.hc is

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1 suance of bonds or other debt obligation by a political sub-

2 division shall be published at least once in the official jour-

3 nal of the political subdivision, or if there is none , then in a
U newspaper having general circulation therein. For a period

5 of thirty days from the date of the publication any person

6 in interest may contest the legality of the ordinance or reso-

7 lution and of any provision therein made for the security and payment

8 of tl\e bonds. After this time, no one shall have any cause

9 of action to test the regularity, formality, legality, or

10 effectiveness of the ordinance or resolution, and provisions

11 thereof for any cause whatever; and after this time it shall be

12 conclusively presumed that every legal requirement for the

13 issuance of the bonds or other debt obligation, including all

14 things pertaining to the election, if any, at which the bonds

15 or other debt obligation were authorized, has been complied

16 with, and no court shall have authority to inquire into any

17 such matters after the lapse of this thirty days .

18 Section 42. Local Improvement Assessments

19 Section 42. (A) The legislature shall provide by

20 general law or by local or special law the procedures by

21 which political subdivisions levy and collect local or

22 special assessments on real property, for the purpose

23 of acquiring, constructing, or improving works of

24 public improvement .

25 (B) Certificates of Indebtedness may be issued to

26 cover the cost of any such public improvement which shall be

27 secured by the pledge of the local or special assessments •

28 levied therefor, and may be further secured by the pledge of

29 the full faith and credit of the political subdivision.

30 (C) The provisions of this Section shall not apply to

31 school boards.

32 Section 43. Re venue -Producing Property

33 Section 43. (A) The legislature mav authorize political

34 subdivisions to issue bonds or other debt obligations for

35 the purpose of cons true tins, acouirii:? , e:'. tending, or im-



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CC-1180

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proving any revenue-producing public utility or work of
public improvement. The bonds or other debt obligations may
be secured by mortgage on the lands, buildings, machinery,
and equipment or by the pledge of the income and revenues
of such public utility or work of public improvement and shall
not be a charge upon the other income and revenues of the
political subdivision.

(B) The provisions of this Section shall not apply to
school boards.

PART III. LEVEE DISTRICTS



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Section 44. Levee Districts

Section 44. (A) Levee districts as now organized and
1^ constituted shall continue to exist, except that:
16 (1) The legislature may provide for the consolidation,
^^ division, or reorganization of existing levee districts or
1® create new levee districts. However, the members of the

19 boards of commissioners of districts heretofore or hereafter

20 created shall be appointed or elected from residents of such

21 district, as provided by law;

22 (2) Any levee district whose flood control responsi-

23 bilities are limited to and which is situated entirely within
2^ the boundaries of one parish nay be merged and consolidated

25 into such parish under the ten^s and conditions and in the

26 manner provided in Section 18 of this Article. This provision
shall be self-operative.

(B) No action taken hereunder shall impair the obligation
of any outstanding bonded indebtedness or of any other contract
of such levee district.



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31 Section 45. District Taxes; Increase in Tax to Raise

32 Additional Funds

33 Section 45. (A) For the purpose of constructing and
3-t maintaining levees , levee drainage , flood protection, hur-

35 ricane flood protection, and for all ether i)urposes incidental



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1 thereto, the governing authority of each district, may levy

2 annually a tax not to exceed five mills on the assessed

3 valuation, except the Board of Levee Commissioners of the

^ Orleans Levee District which may levy annually a tax not to

5 exceed two and one-half mills on the assessed valuation of

6 all taxable property situated within the alluvial portions

7 of said district subject to overflow.

8 (B) Should the necessity to raise additional funds arise

9 in any levee district for any of the purposes herein set forth,

10 or for any other purpose related to its authorized powers and

11 functions which may be specified by the legislature, the tax

12 herein authorized may be increased. However, before taking

13 effect, the necessity for the increase and the rate thereof
1^ shall be submitted to the electors of such district and no

15 increase in taxes shall occur unless a majority of the electors

16 In such district who vote in the election hereinabove pro-

17 vided for vote in favor thereof.

18 Section 46. Bond Issues

19 Section 46. (A) Subject to the approval of the State Bond

20 Commission or any successor thereto, the governing body of any

21 levee district may fund the avails of said taxes or other reve-

22 nues into bonds, or other evidences of indebtedness, the pro-

23 ceeds thereof to be used for the purposes mentioned in this

24 Articl* or for the funding or payment of any outstanding in-

25 debtedness.

26 (B) Bonds issued under the authority of the foregoing

27 provision shall be sold in accordance with applicable provi-

28 sions of the Louisiana Revised Statutes relating to the issu-

29 ance of bonds by levee districts.

30 Section 48. Cooperation with Federal Government

31 Section 48. All governing authorities of levee districts

32 which have been, or may be created, are authorized to cooperate

33 with the federal government in the construction and maintenance

34 of the levees in this state, on such terms and conditions as nay

35 be provided by the federal authorities and accepted by the

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CC-1180

C. p. N'o. 17

1 levee districts.

2 Section 49. Compnnsation tor Property L'sed or Destroyed;

3 Tax

4 Section 49. (A) Notwithstanding any other provision of

5 this constitution, lands and imorovenents thereon hereafter

6 actually used or destroyed for levees or levee drainage our-

7 poses shall be paid for as provided by law; and provided further,

8 nothing contained in this Paragraph with respect to compensation

9 for lands and improvements shall apply to batture or to property

10 the control of which is vested in the state or any political

11 subdivision thereof for the purpose of commerce.

12 (B) If the district has no other funds or resources out

13 of which such payment can be made. It shall levy, on all

14 taxable property situated within the district, a tax suf-

15 flcient to pay for said property so used or destroyed to

16 be used solely in the district where collected.

17 CO Nothing contained in this Section shall prevent

18 the appropriation of said property before payment.
19

20 PART IV. PORTS

21

22 Section 50. Ports

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

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

25 now organized and constituted, including their powers and

26 functions, structure and organization, and territorial

27 jurisdiction, are ratified and confirmed and shall continue

28 to exist, except that:

29 (A) The legislature may grant additional powers and

30 functions to any such commission or district and may

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

32 districts;

33 (B) The legislature may consolidate or abolish any

34 such commission or district or may diminish, reduce, or with-

35 draw from any such co^-T-iission or cii?trlct any of its powers

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C. P. No. 17

and functions and may affect the structure and organization,

distribution, and redistribution nf the powers and functions

of any such cominission or district, including additions or

reductions of its territorial jurisdiction, only by act passed

by a favorable vote of at least two-thirds of the elected

membership of each house;

(C) The legislature shall make provisions with respect

8 to the membership of the herein provided commissions. Once

9 the membership is established it may be changed only upon

10 a two-thirds vote of the elected members of each house of

11 the legislature.
12

13 PART V. DEFINITIONS

14

15 Section 51. Terms Defined

16 Section 51. As used in this Article:

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

18 or municipality;

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

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

21 school boards and special districts, authorized by law to

22 perform governmental functions;

23 (3) "Municipality" means all incorporated cities,

24 towns, and villages;

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

26 cises the legislative functions of the political subdivision;

27 (5) "General law" means a law of statewide concern

28 enacted by the legislature which is uniformly applicable

29 to all persons or to all political r.ubdivisions in the

30 entire state or which is uniformly applicable to all

31 persons or to all political subdivisions within the same

32 class .

33 (6) "General obligation bond" means those bonds, the

34 principal and interest of which arc secured by and payable

35 from ad valorem taxes levied witho^M- limitation as to



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C. P. No. 17

rate or amount;

(7) "Deep-water port commissions and deep-water port,
harbor, and terminal districts" means those commissions or
districts within whose territorial jurisdiction exist facilities
capable of accommodating vessels of at least twenty-five
feet of draft and of engaging in foreign commerce.



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Constitutional Convention of Louisiana of 197S
CC-1152

COMMITTEE PROPOSAL No. IB-
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 substitute proposal for Committee Proposal
No. 13 by Delegate Aertker, et al. :

A PROPOSAL
Making provisions for human resources by prohibiting com-
pulsory arbitration.
Be it adopted by the Constitutional Convention of Lou-
isiana of 1973:

Article VH, Section 1. Arbitration

Section 1. The legislature shall pass no laws requiring
compulsory arbitration.



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Constitutional Convention of Louisiana of 1973

CC-1162

COMMITTEE PROPOSAL No. 19—

Introduced by Delegate Stagg, Chairman, on behalf of the
Committee on Executive Department and Delegates Abra-
ham, Alexander, Anzalone, Arnette, Asseff, Brien, Dennery,
Duval, Gravel, Stovall and Tapper:

A PROPOSAL
Making provisions in the Schedule provisions of the Con-
stitution for mandatory reorganization of the executive
branch of state government.
Be it adopted by the Constitutional Convention of Louisi-
ana of 1973:

ARTICLE XIV. SCHEDULE
Section 1. Mandatory Reorganization of State Government
Section 1. The legislature shall allocate, within not more
than twenty departments, the functions, powers, duties, and
responsibilities of all departments, offices, agencies, and
other instrumentalities within the executive branch, except
those allocated by this constitution. Such allocation, which
shall not be subject to veto by the governor, shall become
operative not later than eighteen months after the effective
date of this constitution. Should the legislature fail to make
such allocation, the governor within six months shall ef-
fect such allocation by executive order.



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Constitutional Convention of Louisiana of 1973
CC-1191

1 COMMrTTEE PROPOSAL No. 20—

2 Introduced by Delegate A. Jackson, Chairman, on behalf of
g the Committee on Bill of Rights and Elections and Delegates

4 Dunlap, Guarisco, Jenkins, Roy, Soniat, Stinson, Vick, Wall,

5 and Weiss :

e A PROPOSAL

7 Making general provisions for elections.

g Be it adopted by the Constitutional Convention of Louisi-

9 ana of 1973:

10 ARTICLE X. ELECTIONS

11 Section 1. Free Elections

12 Section 1. Elections shall be freely and fairly conducted on
U a periodic basis. No law shall interfere with the free exercise



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