Louisiana. Constitutional Convention (1973).

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82 have other powers and perform other duties as provided by

24 (C) Limitation. The commission shall have no power to

26 regulate any common carrier or public utility owned, operated,
28 or regulated on the effective date of this constitution by the

27 governing authority of one or more political subdivisions,

28 except by the consent of a majority of the electors voting in

29 an election held for that purpose; however, a political subdi-
80 vision may reinvest itself with such regulatory power in the

31 manner it was surrendered.

32 (D) Decisions on Applications, Petitions, and Schedules

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1 (1) The commission shall render its final decision on ap-

2 plications, petitions, and proposed rate schedules within
J twelve months from the date the application, petition, or

4 proposed schedule is filed.

5 (2) If a decision is not rendered within six months from
g the filing date of any proposed rate schedule, it shall be
7 deemed to be tentatively approved.

g (3) If the proposed schedule results in a rate increase, it

9 may be put into effect, subject to such protective bond or

10 security requirements as may be provided by law, pending

11 final approval, modification, or rejection. If the commission

12 disapproves the proposed increase, in whole or in part, the
Ig carrier or utility may place or continue the schedule in effect

14 under the bond or security, subject to any appeal and final

15 action by a court of last resort. Refund claims therefor in the
Ig manner provided by law shall be filed within one year after

17 such final action.

18 (4) Any utility filing a proposed rate schedule shall, with-

19 in twenty days, give notice thereof by publication in the offi-

20 cial state journal and in the official journal of each parish

21 within the geographical area in which the schedule would

22 become applicable. Any person affected by the proposed rate
28 schedule may intervene.

24 (E) Appeals. Should the commission not render its deci-

25 sion within twelve months, an appeal may be taken as if a

26 decision had been rendered. Appeals may be taken by any

27 party or intervener and must be filed with the district court,

28 within the time provided by law, at the domicile of the com-

29 mission, with a direct appeal to the supreme court as a matter

80 of right.

81 (F) Jurisdiction. The commission shall regulate the trans-
32 portation and sale of natural gas for industrial purposes.

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as Engrossed

CC-1190

C. P. No. 34

1 This jurisdiction shall not include the right to regulate the

2 terms of any contract or the price of gas; but, regardless of
8 the terms of any contract, shall Include the right to curtail

4 and allocate natural gas to industrial and other users to pro-

5 vide adequate supplies for essential human needs and to

6 protect the interests of the public. Gas allocated to any user

7 in the absence of a prior contract shall be sold at rates com-

8 parable to those at which such natural gas is then being sold

9 to industrial users.

10 This paragraph is self-executing, and the commission shall

11 promulgate such orders and regulations necessary to carry

12 out the purpose and intent of this paragraph.

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CC-1190

Constitutional Convention of Louisiana of 1973

COMMITTEE PROPOSAL NUMBER 34

Introduced by Delegate Lambert, Chairman, on behalf of

the Conmittee on Natural Resources and Environment,

and Delegates Bollinger, Derbes, Elklns, Hardee, Jack,

LeBleu, Leigh, Miller, Munson, Perkins, Slngletary,

Thompson, Velazquez, Warren and Womack

(A Substitute for Committee Proposal No. 16):



A PROPOSAL

Making provisions relating to natural resources and

environment.
Be It adopted by the Constitutional Convention of Louisiana

of 1973:

ARTICLE Vni. NATURAL RESOURCES

Section 1. Natural Resources and Environioeat ; Public
Policy

Section 1. The natural resources of the state, including
air and water, and the healthful, scenic, historic, and es-
thetic quality of the environment shall be protected, con-
served, and replenished, insofar as possible and consistent
with the health, safety, and welfare of the people. The legis-
lature shall implement this policy by appropriate legislation.

Section 2. Natural Gas; Public Policy; Interstate and
Intrastate Pipelines

Section 2. Natural gas is hereby declared to be affected
with a public interest and not withstanding any provisions of
this constitution relative to the powers and duties of the
Public Service Commission, the legislature shall provide for
Its regulation by such regulatory authority as It may designate.
The legislature In its discretion, however, may grant such
authoritv to the Public Service Conmlssion.

No Intrastate natural gas pipeline or gas gathering



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C. P. No. 34

line shall be connected with an Interstate natural gas

pipeline, and no Interstate natural gas pipeline shall be

connected with an Intrastate natural gas pipeline without a

certificate of public convenience and necessity Issued as

provided by law after due application for such connection

and hearing thereon.

Section 4. Alienation of Water Bottoms

Section 4. The legislature shall neither alienate nor
authorize the alienation of the beds of navigable water
bodies, except for purposes of reclamation by the riparian



*j^ owner to recover land lost through erosion. This Section

*2 shall not prevent the leasing of state lands or water

13 bottoms for mineral or other purposes. Except as provided

14 herein, no bed of any navigable water body may be reclaimed
j5 except tor public use.

Ig Section 5. Reservation of Mineral Rights; Prescription

17 Section 5. (A) Reservation of Mineral Rights. The

18 mineral rights on all property sold by the state shall be

19 reserved, except where the owner or other person having the

20 right to redeem may buy or redeem property sold or adjudicated

21 to the state for taxes.

22 (B) Prescription. Lands and mineral Interests of the

23 state, any school board, and any levee district shall not

24 be lost by prescription.

25 Section 6.1. Public Notice; Public Bidding Requirements
25 Section 6.1. No conveyance, lease, royalty agreement

2^ or unitization agreement Involving minerals or mineral rights

2g cwned by the State of Louisiana shall be confected without

29 prior public notice or public bidding as shall be provided by law.

30 Section 8. Royalty Funds

31 Section 8. As used in Article XI, Section 4(D), "state-

32 owned property" means state-owned land, lake and river beds,

33 and other water bottoms belonging to the state or the title

34 to which Is in the public for mineral development. The govem-

35 ing authority of a parish may fund its one-tenth of the royalties



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1 from mineral leases on such state- owned property Into general

2 obligation bonds of the parish In accordance with law. Neither

3 the provisions of this Section nor the provisions of Article
^ XI, Section A(D) shall apply to those properties comprising
J the Russell Sage Wildlife and Game Refuge.

6 Section 9. Tldelands Ownership

7 Section 9. Revenues and royalties obtained from minerals

8 located beyond the seaward boundary of the state belong to the

9 state.

10 Section 10. Offshore Mineral Revenues; Use of F\inds

11 Section 10. Funds derived from offshore mineral leases
j2 and held In escrow under agreement between the state and

13 the United States pending settlement of the dispute between

lA the parties when received shall be deposited In the state

15 treasury. Those funds and the interest from their Investment,

16 except the portion otherwise allocated or dedicated in this

17 constitution, shall be used by the treasurer in the purchase,
16 retirement, and payment In advance of maturity of then exlst-

19 log bonded Indebtedness of the state or invested for such

20 purpose .

21 If any of these funds cannot be so expended within one

22 year, the legislature may annually appropriate for capital

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

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

25 one year.

26 Section 12. Wildlife and Fisheries Commission

27 Section 12. The wildlife of the state, including all

28 aquatic life. Is hereby placed under the control and super-

29 vision of the Louisiana Wildlife aiid Fisheries Commission,

30 which shall consist of seven members appointed by the

31 governor, subject to confirmation by the Senate, six of

32 whom shall serve for overlapping terms of six years and

33 one of whom shall serve for a term concurrent with that

34 of the govHmor. Three shall be electors of the coastal

35 parishes and representatives of the commercial fishing



CC-1190

C. P. No. 34

1 and fur Industries, and four shall be electors from the

2 state at large other than representatives of the commercial

3 fishing and fur Industries, as provided by law.

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

5 eligible for reappointment.

5 The functions, duties, and responsibilities of the com-

7 mission, and the compensation of its members shall be

g provided by law.

9 Section 13. Forestry; Acreage Taxes; Forestry Commission;

jQ State Forester

11 Section 13. (A) Forestry shall be practiced In the

12 state, and the legislature Is authorized to make provisions

13 therefor. The legislature may authorize the governing

24 authorities of the parishes to levy acreage taxes, not to

j5 exceed two cents per acre, for the purpose of this Section.

ig The provisions of this constitution relative to the exemption

^^ of homesteads from taxation, are hereby extended and made

18 applicable to the tax hereby authorized.

19 (B) Forestry Commission. The practice of forestry

20 Is hereby placed under the Louisiana Forestry Commission,

21 The commission shall consist of seven members, five of whom

22 shall be appointed by the governor subject to conflnnatlon

23 by the Senate for overlapping terms of five years each, as

24 provided by law, and two of whom, namely the head of the

25 Department of Forestry at Louisiana State University and

25 Agricultural and Mechanical College and the director of the

27 Wildlife and Fisheries Coramlsslon, shall serve as ex officio

28 loembers.

29 (C) State Forester. The commission shall appoint a

30 state forester. He must be a graduate from an accredited

31 school of forestry and have at least four years of forestry

32 experience, as provided by law.

*2 Section 15. Department of Wildlife and Fisheries;

34 Coanlssloned Enforcement Officers

35 Section 15. Nothing In Article VII of this constitution



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relating to civil service shall be construed to prevent the

legislature from supplementing any civil service pay plan

for regularly coiranlssloned officers of the Enforcement

Division of the Department of Wildlife and Fisheries.



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Reprinted as Engrossed

Confltitutional Convention of Louisiana of 1978
CC-1443

1 COMMITTEE PROPOSAL No. 35—

2 Introduced by Delegate Jackson, Chairman, on behalf of the
g Committee on Bill of Rights and Elections (Substitute for
4 Committee Proposal No. 1, by Delegate Jackson, Chairman, on

6 behalf of the Committee on Bill of Rights and Elections, and
% Delegates Dunlap, Guarisco, Roy, Soniat, Stinson, Vick and

7 Wall) :

8 A PROPOSAL

9 Providing for general governmental provisions.

10 Be it adopted by the Constitutional Convention of Louisiana

11 of 1973:

12 ARTICLE II. GENERAL GOVERNMENTAL

18 PROVISIONS

14 Section 1. Three Branches

15 Section 1. The powers of government of the State of Louisi-
IQ ana are divided into three distinct branches — legislative, ex-
17 ecutive, and judicial.

Ig Section 2. Limitations of Each Branch

19 Section 2. No one of these branches, nor any person holding

20 office in one of them, shall exercise power belonging to either

21 of the others, except as otherwise provided in this constitution.

22 Section 3. Civilian-Military Relations

28 Section 3. The military shall be subordinate to the civil

24 power.

25 Section 4. Right to Direct Participation

26 Section 4. No person shall be denied the right to observe the

27 deliberations of public bodies and examine public documents,

28 except in cases established by law.

29 Section 5. Oath of Office

30 Section 5. All officers before entering upon the duties of

31 their respective offices shall take the following oath or affir-
82 mation: "I, (A B), do solemnly swear (or affirm) that I will

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Reprinted as Engrossed

CC-1443
C. P. No. 35

support the constitution and laws of the United States and the
constitution and laws of this state and that I will faithfully
and impartially discharge and perform all the duties incum-
bent upon me as according to the
best of my ability and understanding, so help me God."
Section 6. State Capital

Section 6. The capital of Louisiana is the city of Baton
Rouge.

Section 7. Forced Heirship and Trusts
Section 7. No law shall abolish forced heirship. The deter-
mination of forced heirs, and amount of the forced portion,
and the grounds for disinheritance shall be provided by law.
Trusts may be authorized by law for any purpose and a legi-
time may be placed in trust.

Section 8. Protection of Vested Rights
Section 8. Vested rights shall not be divested, except for the
purposes and in accordance with the substantive and proced-
ural safeguards established in this constitution for the taking
or damaging of property.

Section 9. Limitations on Banking

Section 9. No law shall permit multi-bank holding com-
panies, metropolitan banking, or statewide branch banking,
except by a favorable vote of two-thirds of each house of the
legislature.



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First Enrollment

CC-1443

Constitutional Convention of Louisiana of 1973

CO^Mm■EE PROPOSAL NUMBER 35

lotroduced by Delegate Jackson, Chairman, on behalf of
the Committee on Bill of Rights and Elections
(Substitute for Committee Proposal No. 1, by
Delegate Jackson, Chairman, on behalf of the Com-
mittee on Bill of Rights and Elections, and Delegates
Dunlap, Guarlsco, Roy, Sonlat , Stlnson, Vlck and Wall)

A PROPOSAL

Providing for general governmental provisions.
Be It adopted by the Constitutional Convention of
Louisiana of 1973:

ARTICLE II. DISTRIBUTION OF POWERS

Section 1. Three Branches

Section 1. The powers of government of the State of
Louisiana are divided Into three distinct branches — legisla-
tive, executive, and Judicial.

Section 2. Limitations of Each Branch

Section 2. No one of these branches, nor any person
holding office In one of them, shall exercise pouer belonging
to either of the others, except as otherwise provided In this
constitution.

ARTICLE XII. GENERAL PROVISIONS

Section 3. Civilian-Military Relations

Section 3. The military shall be subordinate to the
civil power.

Section 4. Right to Direct Participation

Section 4. No person shall be denied the right to observe
the deliberations of public bodies and examine public documents,
except in cases established by law.

Section 5. Oath of Office



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C. P. NO. 35

Section 5. All officers shall take the following oath or
affirmation: "I, (A B) , do solemnly swear (or affirm) that
I will support the constitution and laws of the United States
and the constitution and laws of this state and that I will
faithfully and impartially discharge and perform all the
duties incumbent upon me as according to

the best of my ability and understanding, so help me God."
Section 6. State Capital

Section 6. The capital of Louisiana is the city of
Baton Rouge.

Section 7. Forced Heirship and Trusts
Section 7. No law shall abolish forced heirship.
The determination of forced heirs, the amount of the
forced portion, and the grounds for disinherison shall
be provided by law. Trusts may be authorized by law and a
forced portion may be placed in trust.
Section 9. Limitations of Banking

Section 9. No law shall permit foreign or domestic multi-bank
holding companies or multi-parish branch banking, unless
enacted by two-thirds of the elected members of each house
of the legislature. This Section shall not prohibit multi-parish
banks which were lawfully operating as such prior to January 1,
1974; however, no such bank may extend its operations to any
parish in which it was not operating prior to said date unless
authorized to do so by a general law enacted by two-thirds of
the elected members of each house.

Section 10. Administrative and Ouasl-Judlclal Agency Code
Section 10. Rules, regulations and procedures adopted
by all state administrative and quasi-judicial agencies,
boards and commissions shall be published in one or more codes
and made available to the public.

Section 11. Preservation of Linguistic and Cultural Origin
Section 11. The right of the people to preserve, foster,
and promote their respective historic linguistic and cultural
origin is recognized.

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Reprinted as Engrossed

Constitutional Convention of Louisiana of 1973
CC-1336

1 COMMITTEE PROPOSAL No. 36—

2 Introduced by Delegate A. Jackson, Chairman, on behalf of
8 the Committee on Bill of Rights and Elections (Substitute for

4 Committee Proposal No. 24, by Delegate Jackson, Chairman,

5 on behalf of the Committee on Bill of Rights and Elections,
C and Delegates Dunlap, Guarisco, Jenkins, Roy, Soniat, Stin-

7 son, Vick, Wall and Weiss) :

8 A PROPOSAL

9 Relative to constitutional revision.

10 Be it adopted by the Constitutional Convention of Louisiana

11 of 1973:

12 ARTICLE XIII. CONSTITUTIONAL REVISION

13 Section 1. Amendments

14 Section 1. (A) An amendment to this constitution may be

15 proposed by joint resolution at any session of the legislature,

16 provided that notice of intention to introduce any such joint

17 resolution and a summary thereof shall have been published
}S in the official journal of the state at least ten days before the

19 beginning of the session. If two-thirds of the members elected

20 to each house concur in the resolution, pursuant to all the pro-

21 cedures and formalities required for passage of a bill except

22 submission to the governor, the secretary of state shall cause
28 the proposed amendment to be published in the official journal
24 of each parish once within not less than thirty nor more than
26 sixty days preceding the election at which the proposed amend-

26 ment is submitted to the electorate.

27 (B) If a majority of the electors voting for or against the

28 proposed amendment shall approve it, then it shall become

29 part of this constitution, effective twenty days after the gov-

30 ernor has proclaimed its adoption, unless the amendment

81 otherwise provides. However, no proposed amendment affect-

82 ing five or fewer political subdivisions shall become part of

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C. P. No. 36

1 this constitution unless a majority of the electors voting there-

2 on in the state and also a majority, in the aggregate, of the
2 electors in the affected areas vote in favor of adoption of the

4 proposed amendment.

5 (C) When more than one amendment is submitted at the

6 same election, each shall be submitted so as to enable the elec-

7 tors to vote on them separately. A proposed amendment shall

8 be confined to one object and may set forth the entire article

9 or articles to be revised or only the sections or other subdi-
10 visions which are to be added or in which a change is to be
W made; provided that a section or other subdivision may be

12 repealed by reference. The proposed amendment shall have a

13 title containing a brief summary of the changes proposed.

14 Section 2. Convention Called by Legislature

15 Section 2, Whenever two-thirds of the members elected to

16 each house consider it desirable to revise, alter, or amend this

17 constitution, they may recommend to the electors at the next

18 election for representatives to the legislature or Congress to

19 vote for or against a convention for that purpose. If a ma-

20 jority of the electors voting on the proposition approve it,

21 the legislature shall provide at its next session for calling

22 such a convention. At a special election called for that pur-

23 pose, the proposed constitution and any alternative proposi-

24 tions agreed upon by the convention shall be submitted to the

25 people for their ratification or rejection. If the proposal is

26 approved by a majority of the electors voting thereon, the

27 governor shall proclaim it to be the Constitution of the State

28 of Louisiana.

29 Section 3. Convention Called by People

30 Section 3. At the election for representatives to Congress

31 to be held in the year one thousand nine hundred eighty-six

32 and in every tenth year thereafter, the question "Shall there

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as Engrossed

CC-1336

C. P. No. 36

1 be a convention to revise the Constitution of the State of

2 Louisiana" shall be submitted to the electors of the state. If

3 a majority of the electors who vote on the question favor it,

4 the legislature shall at its next session provide for calling a

5 convention, according to the same procedures mentioned in

6 the previous section. The convention shall consist of delegates

7 elected from the same districts and having the same qualifi-

8 cations as state representatives. The legislature may also pro-

9 vide for not more than twenty-seven delegates to be appointed

10 by the governor.

11 Section 4. Laws Effectuating Amendments

12 Section 4. Whenever the legislature shall submit amend-

13 ments to this constitution, it may at the same session enact

14 laws to carry them into effect, to become operative when the

15 proposed amendments have been ratified.
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CC-1336

Constitutional Convention of Louisiana of 1973

COMMITTEE PROPOSAL NUMBER 36

Introduced by Delegate A. Jackson, Chainnan, on behalf of

the Committee on Bill of Rights and Elections (Substitute
for Committee Proposal No. 24, by Delegate Jackson,
Chairman, on behalf of the Committee on Bill of Rights
and Elections, and Delegates Dunlap, Guarisco, Jenkins,
Roy, Sonlat, Stinson, Vick, Wall, and Weii-.s)

A PROPOSAL

Relative to constitutional revision.

Be It adopted by the Constitutional Convention of Louisiana

of 1973:

ARTICLE XIII. CONSTITUTIONAL REVISION

Section 1. Amendments

Section 1. (A) An amendment to this constitution may be
proposed by joint resolution at any regular session of the
legislature, provided that such resolution has been preflled,
in accordance with the Rules of the houses of the legislature,
at least ten days before the beginning of the session. An
amendment to this constitution cay be proposed at any extra-
ordinary session of the legislature if it is within the
objects of the call of the session and is introduced in the
first five calendar days thereof. If two-thirds of the members
elected to each house concur In the resolution, pursuant to
all the procedures and fonnallties required for passage of a
bill except submission to the governor, the secretary of state
shall cause the proposed amendment to be published in the
official journal of each parish once within not less th.in



Online LibraryLouisiana. Constitutional Convention (1973)Records of the Louisiana Constitutional Convention of 1973 (Volume 4) → online text (page 41 of 65)