Louisiana. Constitutional Convention (1973).

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

3 shall contain only appropriations for the ordinary operating
A expenses of government, public charities, pensions, and the
5 public debt and interest thereon.

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

'J specific purpose and for a specific amount.

g (E) Any bill appropriating money in an extraordinary

g se's.sion of the legislature convened after final adjournment

2Q of the regular session held in the last year of the term of

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

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

28 members of each house.

24 Section 19. Signing of Bills; Delivery to Governor

25 Section 19. (A) A bill that has been passed by both houses

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

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

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

29 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 Seccion 20. (A) A bill, except a joint resolution, shall

24 become law if the governor does not sign or veto the bill

25 within ten days after its delivery to him if the legislature

26 is in session or within twenty days if the legislature is

27 adjourned.

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

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

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

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

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

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2 them, with his veto message, to the legislature as provided by
2 law. Any bill thus returned by the governor and subsequently

8 approved by two-thirds of the elected members of each house

4 shall become law.

5 (C) The legislature shall meet in veto session at the seat
g of government at twelve o'clock noon on the thirty-fifth
7 day following the sine die adjournment of the most recent
g session of the legislature for the purpose of considering

9 all measures vetoed by the governor, except that if such

20 day falls on a Sunday the session shall convene at noon on

21 the next succeeding Monday. No veto session shall exceed

22 five calendar days in length, ?iid any veto session may be

23 a('j-"urned sine die nrior to the end of the fifth day upon

24 the vote of tv/o-thirds of the elected members of each house.

25 No veto session shall be held if a simple majority of the
2(J elected members of either or both houses indicate in writing
17 that a veto session is not necessary. Such written notice
28 must be received by the presiding officer of the respective

19 houses at least two days prior to the day on which the veto

20 session is to convene.

21 Section 21. Effective Date of Laws

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

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

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

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

26 Section 22. Suspension of Laws

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

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

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

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

31 Section 23. Corporations; Perpetual or Indefinite Dura-

32 tion; Dissolution; Perpetual Franchises or Privileges

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■| Section 23. The legislature may authorize the organiza-

n tion of corporations for perpetual or indefinite duration.

q However, every corporation shall be subject to dissolution

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

5 Neither the state nor any political subdivision shall grant a

a perpetual franchise or privilege to any person or corporation.

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

g viction ; Effect

g Section 24. (A) All state and district officers, whether

1Q elected or appointed, shall be liable to impeachment for fel-

11 onies, incompetency, corruption, extortion, oppression in of-

22 iice, gross misconduct, or habitual drunkenness.

23 (B) All impeachments shall be by the House of Reprssenta-

24 tives and shall require the favorable vote of at least a

25 majority of the elected members thereof. Impeachments shall
25 be tried by the Senate. Two-thirds of the members elected
27 to the Senate shall be necessary to convict. The Senate may
2g sit for said purpose whether or not the House is in session
29 and may adjourn as it thinks proper.

20 (C) Judgment of conviction in impeachment cases removes

21 and debars the person from holding any office under the state,

22 but neither conviction nor acquittal .shall prevent prosecution

23 and punishment otherwise according to law. Impeachment

24 shall suspend any officer except the governor or acting

25 governor, and the appointing authority shall make an in-

26 terim appointment until decision of impeachment.

27 Section 25. Removal on Address by Legislature

28 Section 25. For any reasonable cause, whether or not

29 sufficient for impeachment, upon the address of two-thirds

30 of the members elected to each house of the legislature and

31 after a public hearing by the committee of the whole in

32 each house, any officer except the governor or acting gover-

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nor may be removed from office. Any officer so removed

shall be ineligible to succeed himself. The cause or causes

for which such removal is made shall be stated at length

in the address.

Section 26. Removal by Suit; Officers Subject; Commence-
ment of Suit

Section 26. For the causes enumerated in Paragraph (A)
of Section 24 of this Article, the legislature shall by general
law 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 27. Recall

Section 27. The legislature shall provide by general law 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

COMMITTEE PROPOSAL NUMBER 3

Introduced by Delegate Blair, Chairman, on behalf of

the Committee on Legislative Powers and Functions,
and Delegates Casey, Fayard, Fulco, Ginn, Juneau,
Kilpatrick, Landrum, LeBreton, and O'Neill

A PROPOSAL

Making provisions for the legislative branch of govern-
ment, impeachment and removal of officials, and
necessary provisions with respect thereto.

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

ARTICLE III. LEGISLATIVE DEPARTMENT
Section 1. Legislative Power of State; Vesting;

Continuous Body
Section 1. (A) The legislative power of the state
is vested in a legislature, consisting of a Senate composed
of one senator elected from each senatorial district and a
House of Representatives composed of one representative
elected from each representative district.

(B) The legislature shall be a continuous body during
the term for which its members are elected, provided that
bills and resolutions not finally passed by both houses
in any session of the legislature shall be automatically
withdrawn from its files.

Section 2. Sessions; Annual, Extraordinary
Section 2. (A) The legislature shall meet annually in
regular session in the state capitol during a period of
eighty-five calendar days for not more than sixty legislative
days. A legislative day is a calendar day on which either
houie is in session. No such session shall continue beyond
the eighty-fifth calendar day after convening. The legislature

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1 shall convene at twelve o'clock noon on the third Monday

2 in April of each year. No new matter intended to have the

3 effect of law shall be introduced or received by either

4 house of the legislature after midnight of the fifteenth

5 calendar day, except by a favorable record vote of two-

6 thirds of the elected members of each house. During any

7 regular annual session held in an odd-numbered year, no

8 measures levying new taxes or increasing existing taxes

9 shall be introduced or enacted.

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

11 the governor or, shall be convened upon the written petition

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

13 presiding officers of both houses. Such petition shall be

14 in such form as shall be provided by law. The governor or the

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

16 issue a proclamation at least five days prior to convening

17 the legislature into extraordinary session. The proclamation

18 shall state the object or objects for convening

19 the legislature in extraordinary sessions, the date on which

20 the legislature is to be convened, and the number of days

21 for which the legislature is convened. The power to legislate,

22 under the penalty of nullity, shall be limited to the objects

23 specifically enumerated in the proclamation convening the

24 extraordinary session, and the session shall be limited to

25 the number of days named therein, which shall never exceed

26 thirty calendar days.

27 The governor may convene the legislature in extraordinary

28 session without prior notice or proclamation on occasions of

29 public emergencies caused by epidemics, attacks by the enemy,

30 or public catastrophe.

31 Section 3. Size

32 Section 3. The number of members of the legislature

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

34 shall not exceed thirty-nine and the number of House members

35 shall not exceed one hundred five.

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Section A. Qualifications; Residence Requirerrents ;
Term; Vacancies ; Salary

Section 4. (A) Every person, who is an elector



^ and has reached the age of eighteen years at the time of

3 qualifications for the office, shall be eligible for member-

g ship in the legislature.

■J (B) No person shall be eligible to raembership in the

g legislature unless at the time of qualification for the office

9 he shall have been a resident of the state for two years and

10 actually domiciled within the legislative district from which
^l he seeks election for one year immediately preceding qualifi-

12 cation for office. However, at the next regular election for

13 members of the legislature following the reapportionment of the

14 legislature, a person may qualify for election to either house

15 of the legislature from any district created in whole or in

16 P^'"^ from the district existing prior to reapportionment in

17 which such person was domiciled, if he was domiciled in that

18 prior district for at least one year immediately preceding his

19 election and if he was a resident of the state for at least

20 two years immediately preceding his election. The seat of any

21 member who changes his domicile from the legislative district

22 he represents or, if elected after reapportionment, whose

23 domicile is not within the district he represents at the time

24 he is sworn into office, shall be vacated thereby, any dec-

25 laration of a retention of domicile to the contrary notwith-

26 standing.

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

28 terms of four years each,

29 (D) When a vacancy occurs in either house of the leg-

30 islature, the remainder of the term shall be filled only

31 by election, as provided by law.

32 Section 5. Legislative Apportionment; Judicial Review;

33 Apportionment by Supreme Court

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

35 year following the year in which the population of this

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1 state is reported to the president of the United States for

2 each decennial federal census, the legislature shall apportion

3 the representation in each house as equally as practicable

4 on the basis of the total state population as shown by the

5 census.

6 (B) If the legislature fails to apportion itself as

7 required in Paragraph (A) of this Section, the supreme court,

8 upon petition by any elector, shall apportion each house as

9 provided in Paragraph (A) of this Section.

10 (C) The procedure for review and petition shall be

11 provided by law.

12 Section 6. Judging Qualifications and Elections; Fro-

13 cedural Rules ; Discipline ; Officers

14 Section 6. (A) Each house shall be the judge of the

15 qualifications and elections of its own members, determine

16 the rules of its procedure, not inconsistent with the pro-

17 visions of this constitution , and may punish its members for

18 disorderly conduct or contempt and, with the concurrence of

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

20 Expulsion shall create a vacancy in the office.

21 (B) Each house shall have power to compel the attend-

22 ance and testimony of witnesses and the production of

23 books and papers before such house as a whole, before any

24 commi ttee thereof, or before joint cornmlttees of the houses

25 and shall have the power to punish for contempt those in

26 willful disobedience of its orders.

27 (C) Each house shall choose its oi^n officers, including

28 a permanent presiding officer selected from its membership,

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

30 the Senate and in the House as the speaker of the House of

31 Representatives. The clerical officers of the two houses

32 shall be the clerk of the House of Representatives and

33 the secretary of the Senate, each of whom shall have the

34 powar to administer oaths.

35 Section 7. Privileges and Immunities



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1 Section 7. The members of the legislature shall in all

2 cases, except felony, be privileged from arrest during their

3 attendance at the sessions and committee meet in ps of their

4 respective houses and in going to and returning from the

5 same. No member shall be questioned in any other place for

6 any speech or debate in either house.

7 Section 8. Conflict of Interest

8 Section 8- Legislative office is a public trust and

9 every effort to realize personal gain through official

10 conduct is a violation of that trust. The legislature

11 shall enact a code of ethics prohibiting conflict between

12 public duty and private interests of members of the legis-

13 lature.

14 Section 9. Quorum; Compulsory Attendance; Journal;

15 Adjournment; Consent of Other House

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

17 Dembers of each house shall form a quorum to transact business,

18 but a smaller number may adjourn from day-to-day and shall

19 have power to compel the attendance of absent members .

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

21 and cause the same to be published immediately after the

22 close of each session. The journal shall accurately reflect

23 the proceedings of that house, including all record votes.

24 A record vote is a vote by yeas and nays, with said yeas and

25 nays being published in the journal.

26 (C) Whenever the legislature is in session neither

27 house shall adjourn for more than three days or to any

23 other place than that in which it is then meeting, without

29 the consent of the other house.

30 Section 10 . Legislative Auditor

31 Section 10 . There shall be a legislative auditor

32 who shall be elected by the consent of a majority of the

33 elected members of each house and may be removed by the

34 consent of two-thirds of the elected pomberi; ol each house.

35 The legislative auditor shall be responsible f:olely to the

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1 legislature and shall serve as a fiscal advisor to the legls-

2 lature . He shall perform such duties and functions relating

3 to the auditing of the fiscal records of state and local

4 governments as are provided by law.

5 Section 11. Compensation of Elected Public Officers;

6 Reduction

-J Section 11. The compensation of elected public officers

8 shall not be reduced during the term for which they are elected.

9 Section 13. Local or Special Laws; Notice of



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Intention; Publication



2j^ Section 13. No local or special law shall be enacted by

12 the legislature unless notice of the intention to introduce

13 such law has been published, without cost to the state, in the

14 official journal of the locality where the matter or things to be

15 affected are situated on two separate days, the last day of which

16 is at least thirty days prior to the introduction of such a hill

17 into the legislature. The notice shall state the substance of

18 the contemplated law. Every such bill shall contain a recital

19 that the notice has been given.

20 Section 14. Suits Against the State

21 Section 14. (A) Neither the state nor any of its

22 agencies or political subdivisions shall be immune from suit

23 and liability in contract or for injury to person or property.

24 (B) In other cases the legislature may authorize suit

25 to be filed against the state, its agencies and political

26 subdivisions and any concurrent resolution enacted for the

27 purpose shall waive immunitv from suit and liability.

28 (C) The legislature shall provide for a method of

29 procedure and the effects of the judgments which may be

30 rendered in all cases against the state, its agencies

31 and political subdivisions.

32 (D) Public property and funds shall not be subject

33 to seizure, and no judgment against the state, its agenciep

34 or political subdivision shall be exigible, pavablc, or

35 paid except out of funds appropriated for na\— ent bv t)i2 state,

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^ its agencies or political subdivision against whom judgment 1

2 is rendered. 2

3 Section 15 . Continuity of Govemtrent 3

4 Section 15. The legislature shall provide for the ^

5 orderly and temporary continuity of state government, in periods 5
^ of emergency, until such time as the normal processes of 6
7 government can be reestablished in accordance with the 7
g constitution and laws of the state. Except as otherwise 8
9 provided in this constitution, it shall also provide for 9

^Q the prompt and temporary succession to the powers and 10

^l^ duties of public offices, the incumbents of which may be- 11

12 come unavailable to execute the functions of their offices. 12

l^ Section 16. Style of Laws; Enacting Clause 13

11^ Section 16. The style of the laws enacted by the legis- lU

l^ lature of this state shall be: "Be it enacted by the Legis- 15

l(j lature of Louisiana." It shall not be necessary to repeat 16

Ij the enacting clause after the first section of an act. 17

IQ Section 17. Passage of Bills 18

1^9 Section 17. (A) The legislature shall enact no law 19

20 except by a bill introduced during a session of the legislature, 20

21 and shall propose no amendment to the constitution except by 21

22 3 joint resolution introduced during a session of the legislature, 22

23 which shall be processed as a bill. Every bill, except the 23
2U general appropriation bill and bills for the enactment, rearrange- 24

25 ment , codification, or revision of a system of laws, shall be 25

26 confined to one object and every bill shall contain a brief 26

27 title indicative of its object. No action on any matter in- 27

28 tended to have the effect of law shall be taken except in 28

29 open, public meeting. 29

30 (B) All bills enacting^ amending, or reviving laws shall 30

31 set forth completely the provisions of the laws enacted, 31

32 amended, or revived, and no system or code of laws shall be 32

33 adopted by general reference to such system or code of laws. 33

34 (C) No bill shall be amended in its passage through 34

35 either house so as to make a change not germane to the bill as 35



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C. P. No. 3

originally introduced.

(D) Every bill shall be read at least by title on three
separate days in each house. No bill shall be considered
for final passage unless and until a public hearing has been
held on such bill and it has been reported on by a committee.

(E) No bill which has been rejected by either house
may again be proposed or considered in the same house during
the same session without the consent of a majority of the
members elected to the house which rejected it.

(F) No amendments to bills by one house shall be
concurred in by the other, nor shall any conference committee
report be concurred in by either house except by the same
vote required for final passage of the bill. The vote thereon
shall be by record vote.

(G) No bill shall become law without the concurrence
of at least a majority of the members elected to each house.
Final passage of a bill shall be by record vote. At the
request of one-fifth of the members elected to either house,
a record vote shall be taken on any other measure or for any
other purpose .

Section 18. Appropriations

Section 18. (A) No money shall be withdrawn from the
state treasury except through specific appropriation, and ,
except as othenjise provided in this constitution,
no appropriation of money shall be made under the heading
of contingencies, nor shall any appropriation be made for
longer than one year.

(B) All bills for raising revenue or appropriating
money shall originate in the House of Representatives, but
the Senate may propose or concur in amendments, as in other
bills.

(C) The general appropriation bill shall be itemized
and shall contain only appropriations for the ordinary opera-
ting expenses of government, public charities, pensions, and
the public debt and interest thereon.



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1 (D) All other bills for appropriating noney shall be

2 for a specific purpose and for a specific amount.

3 (E) Any bill appropriating money in an extraordinary
i^ session of the legislature convened after final adjournment
5 of the regular session held in the last year of the term of

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

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

3 members of each house.

9 Section 19. Signing of Bills; Delivery to Governor

IQ Section 19. (A) A bill that has been passed by both

]^]^ houses of the legislature shall be signed by the presiding

]^2 officers of both houses and shall be submitted to the gov-

13 emor for his signature or other action. Delivery to the

14 governor shall be within three days after passage.

15 (B) No joint, concurrent, or other resolution shall
15 require the signature or other action of the governor.

17 Section 20. Signature of Governor on Bills; Veto

18 Section 20. (A) A bill , except a joint resolution,

19 shall become law if the governor does not sign or veto the

20 bill within ten days after its delivery to him if the

21 legislature is in session or within twenty days if the

22 legislature is adjourned.

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

24 veto it and shall return it to the legislature, with his veto

25 message, within twelve days after its delivery to him if

26 the legislature is in session. If the legislature has ad-

27 joumed before the governor vetoes or returns one or more

28 bills, he shall return them, with his veto message, to the

29 legislature as provided by law. Any bill thus returned by the

30 governor and subsequently approved by two-thirds of the

31 elected members of each house shall become law.

32 (C) The legislature shall meet in veto session at the

33 seat of government at twelve o'clock noon on the fortieth

34 day following the sine die adjoumnenl of the most recent



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