Louisiana. Constitutional Convention (1973).

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

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dures by which the right herein granted shall be exercised,
and by which the secretary of state shall be notified as to
those elections which must be held, and by which the governor
shall be notified as to the appointments which must be made,
to complete the full membership of the boards mentioned
herein. Such elections and appointments shall be made in ac-
cordance with and for the purpose of effectuating the provi-
sions of Article IX, Sections 4 and 8.



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CC-i:'27

Coir.tllul li.n.nl QinvtiiL I on of l.iuitsi rina oT VJ73

COMMlTTi;!. I'nni'OSM. NIIMI'.I'.U 30

IntrociiiccJ liy IX-U'r,alo Acrtkrr, Clulrman, on bcluilf of tlic

Committee on Kduc.itlon and V.'elfjre and nclcg.itcs C.nrmouche,
Come, Coi'cn, Flory, Graliam, Crier, Hayncs, Hernandez, E. Landry,
Lcltli-nan, Morris, Rachnl , Riccke, Sep.ura, Sutherland,
Thlstletliwai te, Toca, WattlRny and Wlsham

A PROPOSAL

To provide for the transition of membership on the boards of

education .
Be It adopted by the Constitutional Convention of Louisiana

of 1973;

ARTICLE XIV. SCHEDULE
* * *
Section 2. Board of P.egents

Section 2. On the effective date of this constitution,
the members of the Louisiana Coordinating Council for
Higher Education appointed by the governor whose terms have not
expired shall become members of the Board of Regents until their
respective terms expire. The governor shall appoint such additional
nembers as are required to complete the full membership of
the board in accordance ulth and for Che purpose of effectu-
ating the provisions of Article IX, Section 7.

Section 3. Board of Supervisors of Louisiana State

University and Agricultural and Mechanical College
Section 3. On the effective date of this constitution,
the members of the Board of Supervisors of Louisiana State
University and Agricultural and Mechanical College whose term
will not have expired shall become members of the Board of
Svipcrvlsors of Loulsi.ina Slate University and Agricultural and
Moch;iiui-jl College until their respective terms expire. The
governor sh.ill appoint such additional members as are required



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Reprinted as Engrossed



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C. 1'. No. 30

In accordance with and for t)ic purpose of cf fee Coat Inc the

provisions of Article IX, Section 9.

Section A. State Board of Elementary and Secondary
Education; Board of Trustees for State CollcROS and
Universities

Section A. On the effective date of this constitution,
each member of the State Board of Education whose term will
not have expired shall have the right to elect to become a
member of the State Board of Elementary and Secondary Educa-
tion or the Board of Trustees for State Colleges and Univer-
sities and to serve until the expiration of the tenn to which
he was elected. The legislature shall establish procedures by
which the right herein granted shall be exercised, and by which
the secretary of state shall be notified as to those elections
which must be held, and by which the governor shall be notified
as to the appointments which must be made, to complete the full
membership of the boards mentioned herein. Such elections and
appointments shall be made in accordance with and for the pur-
pose of effectuating the provisions of Article IX, Sections 4
and 8.

Section 5. Boards; New Appointments.

Section 5. In making new appointments to a board created
by Sections 7, 8 or 9 of Article IX, the governor shall consider
appropriate representation on the board by alumni of the institu-
tions under the control of the board.



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Constitutional Convention of Louisiana of 1973

1 COMMITTEE PROPOSAL No. 31 —

f Introduced by Delegate Stagg, Chairman, on behalf of the

3 Committee on Executive Department, and Delegates Abra-

4 ham. Alexander, Anzalone, Arnette, Asseff, Brien, Dennery,
g Duval, Gravel, Stovall, and Tapper (A Substitute for Com-
mittee Proposal No. 19) :

7 A PROPOSAL

g Making provisions in the Schedule provisions of the con-

9 stitution for mandatory reorganization of the executive

10 branch of state government.

11 Be it adopted by the Constitutional Convention of Louisi-

12 ana of 1973:

13 ARTICLE XIV. SCHEDULE

14 Section 1. Mandatory Reorganization of State Government

15 Section 1. (A) The legislature shall allocate, within not
Ig more than twenty departments, the functions, powers, duties,
17 and responsibilities of all departments, offices, agencies, and
1^ other instrumentalities within the executive branch, except

19 those allocated by this constitution. Such alio. ..(.ion, wliich

20 shall not be subject to veto by the governor, shall beume

21 operative not later than December 31, 1976.

22 (B) Should the legislature fail to make such allocation,

23 the governor shall prepare and submit to the legislature at

24 its next session, regular or extraordinary, an allocation in

26 compliance with this section. The legislature, by a majority
28 vote of the elected members of each house, may disapprove

27 such plan but may not substantively amend it. In the event

28 the legislature does not disapprove the plan prior to the

29 sine die adjournment of the session of the legislature at

80 which submitted, the plan shall become effective at twelve

81 o'clock noon on the ninetieth day following sine die adjourn-

82 ment.

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CC-12f.4

Constltiillonol Cunvcnclon of l.oiilsljiia of 1973

coMiuiTLi; iT.oi'nsAi, numiii;r 31

Introduced by DelcRatc Stap.g, Clialrnan, on behalf of the
Committee on Executive Duportpicnt , and Pclocates
Abraham, Alexander, Anzalonc, Amette, Asseff, Erien,
Dennery, Duval, Gravel, Stovall, and Tapper
(A Substitute for Committee Proposal No. 19)

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 Louisiana
of 1973:

ARTICLE XIV. SCHEDULE
Section 1. Mandatory Reorganization of State Government
Section 1. (A) 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
these allocated by this constitution. Such allocation, which
shall not be subject to veto by the governor, shall become
operative not later than December 31, 1977.



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Reprinted as Engrossed

Constitutional Convention of Louisiana of 1973

COMMITTEE PROPOSAL No. 32—

Introduced by Delegates Asseff, Abraham, Alexander, Ar-
nette. Gravel, and Stagg (A Substitute for Delegate Pro-
posal No. 29) :

A PROPOSAL
Providing for the reorganization of the executive branch of
.-Jtate government.
Be it adopted by the Constitutional Convention of Louisi-
niaof 1973:

ARTICLE IV. EXECUTIVE BRANCH

Section Reorganization

Section (A) The legislature, by majority vote of the

elected members of each house, may reallocate withm not
more than twenty departments the functions, powers, duties,
and responsibilities of all departments, offices, agencies, and
other instrumentalities of the executive branch excoiJt those
allocated by this constitution.

(B) The governor may propose to the legislature, on or
before the first day of any regular session, a plan of re-
allocation within not more than twenty departments, of the
functions, powers, duties, and responsibilities of all depart-
ments, offices, agencies, and other instrumentalities of the
executive branch except those allocated by this constitution.
Either hou.se of the legislature, by a majority vote of the
elected members, may disapprove such plan but may not
substantively amend it. In the event neither hou.se disapproves
the plan submitted prior to the sine die adjournment of the
regular session of the legislature at which submitted, the
plan shall become effective at twelve o'clock noon on the
sixtieth day following sine die adjournment.



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Constitutional Convention of Louisiana of 1973
CC-1305

1 COMMITTEE PROPOSAL No. 33—

2 Introduced by Delegate Jackson, Chairman, Committee on

3 Bill of Rights and Elections (Substitute for Committee Pro-

4 posal No. 20, by Delegate Jackson, Chairman on behalf of

5 the Committee on Bill of Rights and Elections, and Dele-

6 gates Dunlap, Guarisco, Jenkins, Roy, Soniat, Stinson, Vick,

7 Wall and Weiss) :

8 A PROPOSAL

9 Making general provisions for elections.

10 Be it adopted by the Constitutional Convention of Lou-

11 isiana of 1973 :

12 ARTICLED. ELECTIONS

13 Section 1. Free Elections

14 Section 1. Elections shall be freely and fairly conducted

15 on a periodic basis. No law shall interfere with the free

16 exercise of the right to vote.

17 Section 2. Registration of Voters

18 Section 2. The legislature shall provide for registration

19 of voters, embodying the principle of permanent registra-

20 tion.

21 Section 3. Secret Ballot

22 Section 3. Voting shall be by secret ballot, and the legis-
28 lature shall provide a method for absentee voting. Proxy

24 voting shall be prohibited. All ballots cast shall be counted

25 publicly and preserved inviolate until any election contests
2fl have been settled.

27 Section 4. Residence of Electors

28 Section 4. No elector shall lose a bona fide residence by

29 temporary absence due to any employment, including mili-

80 tary service, or while studying or visiting away from his

81 voting district.

82 Section 5. Political Activities

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as Engrossed

CC-1305

C. P. No. 33

1 Section 5. No law shall deny the right of each person to

2 organize, join, support, or oppose any political party or
8 organization, or to support or oppose any candidate or
4 proposition, except as otherwise provided in this constitu-

6 tion.

Section 6. Privilege from Arrest

7 Section 6. Every qualified elector shall be privileged from

8 arrest in going to and returning from voting and while

9 exercising the right to vote in all cases, except felony or

10 breach of the peace.

11 Section 7. Candidacy for Public Office

12 Section 7. No qualified elector shall be denied the right
18 to seek public office in the election district in which he is

14 registered, except as otherwise provided in this constitu-

15 tion.

16 Section 8. Vote Required for Election

17 Section 8. No person shall be elected to any public office

18 unless he has received the highest number of votes cast

19 for that office. The legislature shall provide a method for

20 breaking ties.

21 Section 9. Limitation on Term of Office

22 Section 9. No term for any public office elected by the
28 people shall exceed four years, except as otherwise pro-
24 vided in this constitution.

26 Section 10. Prohibited Use of Public Funds

26 Section 10. No public funds shall be used to urge any

27 elector to vote for or against any candidate, nor appropri-

28 ated to any candidate or political organization.

29 Section 11. Registrars of Voters

80 Section 11. The governing authority of each parish shall

81 appoint a parish registrar of voters who shall provide such
S2 bond and receive such compensation as may be determined

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Reprinted as Engrossed

CC-1305

C. P. No. 33
by law. No person shall serve as registrar of voters while
a qualified candidate for any elective office.

Section 12. Commissioners and Poll Watchers

Section 12. The legislature shall provide for the selection
of commissioners and poll watchers at every election.

Section 13. Election Returns

Section 13. Return.'; of elections shall be made in a uni-
form manner to and promulgated by the secretary of state.

Section 14. Registration Challenges

Section 14. A person may contest in the district court
his denial of registration, or denial of his request to have
removed from the rolls any names placed or standing
thereon illegally, which cases shall have preference over
all others.

Section 15. Election Contests

Section 15. The legislature shall provide by law for the
judicial determination of contested elections.

Section 16. Election Fraud

Section 16. No person shall register and vote in more
than one place, nor offer or receive anything of value in
exchange for a vote, nor engage in any other form of elec-
tion fraud. The legislature shall enact laws to suppress such
activities, and penalties in such cases may include suspen-
sion of the right to vote and hold office for a period not
to exceed five years.

Section 17. Code of Elections

Section 17. The legislature shall provide for a code of
elections.



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CC-1305

Constitutional Convention of Louisiana of J973

conmTTi;r. I'RorosAL nu.mp.kr 33

Introduced by Delo^.Ttc Jackson, Chairman, Connilttcc
on Bill of Rif.hts and Elections (Substitute tor
Comnlttce Proposal No. 20, by Delegate Jackson, Chairman
on behalf of the Committee on Bill of Rights and Elections,
and Delegates Dunlap, Guarisco, .Icnkins, Roy, Soniat,
Stlnson, Vick, Wall and Weiss)

A PROPOSAL



12 Making general provision^ for elections.

13 Be it adopted by the Constitutional Convention of

14 louisiana of 1973:



ARTICLE X. ELECTIONS
Section 2. Election Code; Right to Vote
Section 2. Subject to and not inconsistent with the

19 provisions of this constitution, the legislature shall

20 adopt an election code which shall provide for the permanent

21 registration of voters and for the conduct of all elections;

22 except as otherwise provided in this constitution, the right

23 to vote in elections is guaranteed to all citizens of this

24 state.

25 Section 3. Secret Ballot

26 Section 3. In all elections by the people, voting shall

27 be by secret ballot, and the legislature shall provide a method

28 for absentee voting. Proxy voting shall be prohibited. All

29 ballots cast shall be counted publicly and preserved inviolate

30 as provided by law until any election contests have been

31 settled.

32 In all elections by persons in a representative capacity,

33 the vote shall be vivn-vocc .

34 Section 6. I'rlvllcgc from Arrest

35 Section 5. Every qualified elector shall be privileged from



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nrrcst In y,oiny, to and rcturnhu'. from vorlnc nnd wlillc cxfrclri Ini-
the right to vote In all cases, oxcejJL fc]ony or breach of the
peace .

Section 11. ReRlstrars of Voters

Section 11. Subject to and not inconsistent with the pro-
visions of this constitution, the governing authority of each
parish shall appoint a parish registrar of voters, whose compen-
sation, removal from office for cause, bond, powers, and functions
shall be provided by law. Upon qualifyinp, as a candidate for
public office, the registrar of voters shall forfeit his office.
No law shall provide for the removal from office of a registrar
by the appointing govemjng authority.

Section 18. Prohibited Use of Public Funds

Section 18. No public funds shall be used to urge any
elector to vote for or against any candidate or proposition,
nor appropriated to any candidate or political organization.
However, this provision shall not prohibit the use of public
funds for the dissemination of factual information relative to
any proposition appearing on an election ballot.



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Reprinted as Engrossed

Constitutional Convention of Louisiana of 1973
CC-1190

1 COMMITTEE PROPOSAL No. 34—

2 Introduced by Delegate Lambert, Chairman, on behalf of
g the Committee on Natural Resources and Environment, and

4 Delegates Bollinger, Derbes, Elkins, Hardee, Jack, LeBleu,

5 Leigh, Miller, Munson, Perkins, Singletary, Thompson, Velaz-
g quez, Warren and Womack (A Substitute for Committee
Y Proposal No. 16) :

8 A PROPOSAL

9 Making provisions relating to natural resources and environ-

10 ment.

11 Be it adopted by the Constitutional Convention of Louisi-

12 ana of 1973:

18 ARTICLE VIII. NATURAL RESOURCES

14 Section 1. Natural Resources and Environment; Public

15 Policy

Ig Section 1. The natural resources of the state, including air

17 and water, and the healthful, scenic, historic, and esthetic

18 quality of the environment shall be protected, conserved, and

19 replenished, insofar as possible and consistent with the

20 health, safety, and welfare of the people. The legislature shall

21 implement this policy by appropriate legislation.

22 Section 2. Natural Gas; Public Policy; Interstate and

23 Intrastate Pipelines

24 Section 2. Natural gas is hereby declared to be affected

25 with a public interest, and natural gas produced in Louisiana

26 shall be made available for utilization within the state as

27 well as to the citizens of other states.

28 No intrastate natural gas pipeline or gas gathering line

29 shall be connected with an interstate natural gas pipeline,

30 and no interstate natural gas pipeline shall be connected with

31 an intrastate natural gas pipeline without a certificate of

32 public convenience and necessity issued by the Public Ser-

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CC-1190

C. p. No. 34
2 vice Commission after due application for such connection
2 and hearing thereon.

8 Section 3. Geopressure-Geothermal Resources

4 Section 3. The state shall conserve, manage, and regulate

5 the development and utilization of geopressure-geothermal
Q resources for the benefit of all people, including future
7 generations.

g Section 4. Alienation of Water Bottoms

9 Section 4. The legislature shall neither alienate nor autho-

10 rize the alienation of the beds of navigable water bodies,

11 except for purposes of reclamation by the riparian owner to

12 recover land lost through erosion if the reclamation is ef-

13 fected within ten years from the date the erosion occurs.

14 This Section shall not prevent the leasing of state lands or

15 water bottoms for mineral or other purposes. Except as pro-

16 vided herein, no bed of any navigable water body may be

17 reclaimed except for public use.

18 Section 5. Reservation of Mineral Rights

19 Section 5. The mineral rights on all property sold by the

20 state shall be reserved, except where the owner or other

21 person having the right to redeem may buy or redeem prop-

22 erty sold or adjudicated to the state for taxes.

23 Section 6. Mineral Rights; Alluvion

24 Section 6. Mineral rights to land formed or exposed by

25 accretion or dereliction caused principally by acts of man,

26 o" a water body the bed of which is owned by the state, are

27 retained by the state.

28 Section 7. Mineral Rights; Erosion

29 Section 7. Mineral rights to land lost by erosion caused

30 principally by acts of man, on a navigable water body, are

31 retained by the riparian landowner.

32 Section 8. Royalty Road Fund

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Engrossed

CC-1190

C. P. No. 34

2 Section 8. Ten percent of the royalties from any mineral

2 lease heretofore or hereafter granted by the state shall be

g placed by the treasurer in a special fund to the credit of the

4 parish from which the mineral was severed. This special fund

g shall be known as the Royalty Road Fund and shall be used

Q by the state to acquire, construct, and maintain transporta-

7 tion facilities in the parish.

g Section 9. Minerals Beyond Three-Mile Limit

g Section 9. All revenues and royalties from minerals located

jQ beyond the three-mile limit of the coastal waterways of the

J 2 state shall be the property of the state. All funds derived

22 therefrom shall be deposited in the state treasury and used

13 in the purchase, retirement, and payment of the bonded in-

14 debtedness of the state.

15 Section 10. Offshore Mineral Revenues; Use of Funds

Ig Section 10. Funds derived from offshore mineral leases

lY and held in escrow under agreement between the state and

Ig the United States pending settlement of the dispute between

19 the parties shall be deposited in the state treasury. Those

20 funds and the interest from their investment, except the

21 portion otherwise dedicated in this constitution to the Royalty

22 Road Fund or to public education, shall be used by the trea-

23 surer in the purchase, retirement, and payment in advance

24 of maturity of the bonded indebtedness of the state.

25 If ftny of these funds cannot be so expended within one

26 year, the legislature may annually appropriate for capital

27 improvements, or for the purchase of land, ten percent of

28 the remaining funds, not to exceed ten million dollars in

29 one year.

30 Section 11. Commissioner of Agriculture

31 Section 11. The Department of Agriculture shall be headed

32 by a commissioner of agriculture who, notwithstanding Article

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C. p. No. 34

1 IV, Section 23, shall be elected every four years for a term

2 of four years by the electors of the state as prescribed by law.

3 The commissioner shall have the powers and perform the

4 duties authorized by this constitution or provided by law.

5 Qualifications of candidates for commissioner of agriculture,

6 in addition to these in Article IV, Section 2(A), shall be pro-

7 vided by law.

8 Section 12. Wildlife and Fisheries Commission

9 Section 12. The wildlife of the state, including all aquatic

10 life, is hereby placed under the control and supervision of

11 the Louisiana Wildlife and Fisheries Commission, which shall

12 consist of seven members appointed by the governor, six of

13 whom shall serve for a term of six years and one of whom

14 shall serve for a term concurrent with that of the governor.

15 Three shall be electors of the coastal parishes and representa-

16 tives of the commercial fishing and fur industries, and three

17 shall be electors from the state at large.

18 No member who has served for six years or more shall be

19 eligible for reappointment.

20 The functions, duties, and responsibilities of the commis-

21 sion, and the compensation of its members shall be provided

22 by law.

23 Section 13. Forestry Commission; State Forester

24 Section 13. (A) Forestry Commission. The practice of

25 forestry is hereby placed under the Louisiana Forestry Com-

26 mission. The commission shall consist of seven members, five

27 of whom shall be appointed by the governor for overlapping

28 terms of five years each, and two of whom, namely the head

29 of the Department of Forestry at Louisiana State University

30 and Agricultural and Mechanical College and the director of

31 the Wildlife and Fisheries Commission, shall serve as ex

32 officio members. Two of the members shall be owners or

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CC-1190

C. p. No. 34

1 executive managers of interests owning and operating timber-

2 lands; one shall be the owner of farmlands interested in re-
Q f orestation ; one shall be a pulp and paper mill owner or execu-
4 five manager ; and the fifth shall be the owner or executive
g manager of interests manufacturing or treating poles, piling,
g posts, crossties, or veneer.

ij (B) State Forester. The commission shall appoint a state

g forester. He must be a graduate from an accredited school of

9 forestry and have at least four years of forestry experience,

IQ as provided by law.

11 Section 14. Public Service Commission

12 Section 14. (A) Composition ; Term. There shall be a Public

13 Service Commission which shall consist of five members

14 elected at the time fixed for congressional elections from

15 single member districts established by law for overlapping

16 terms of six years. The commission annually shall elect one

17 of its members as chairman.

13 (B) Powers and Duties. The commission shall regulate all

19 common carriers and public utilities as provided by law. It

20 shall adopt and enforce reasonable rules, regulations, and

81 procedures necessary for the discharge of its duties, and shall



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