Louisiana. Constitutional Convention (1973).

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

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thirty nor more than sixty days preceding the election at
which the proposed amendment is subuiitted to the electorate.
Each joint resolution shall specify l he si aLewlde election at
which the propo.sed amendment shall I" suhnilted. Special
elections for submitting proposed i- . ndmentv. nay be authorized



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CC-1336

C. P. No. 36

by law.

(B) If a majority of the electors voting on the
proposed amendment shall approve it, then it shall become
part of this constitution, effective twenty days after
the governor has proclaimed its adoption, unless the
amendment otherwise provides. A proposed amendment directly
affecting not more than five parishes or areas within not
more than five parishes shall become part of this constitution
only when approved by a majority of the electors voting thereon
in the state and also a majority of the electors voting thereon
in each affected parish. However, a proposed amendment
directly affecting not more than five municipalities, and only
such municipalities, shall become part of this constitution
only when approved by a majority of the electors voting
thereon in the state and also a majority of the electors

voting thereon in each such municipality.

(C) When more than one amendment is submitted at the
same election, each shall be submitted so as to enable the
electors to vote on them separately. A proposed amendment
shall be confined to one object and shall set forth the
entire article, sections, or other subdivisions thereof as
revised or only the article, sections, or other subdivisions
which are to be added; provided that a section or other
subdivision may be repealed by reference. However, the
legislature may propose, as one amendment, a revision of

an entire article of this constitution which revision may
contain multiple objects or changes. The proposed amendment
shall have a title containing a brief summary of the changes
proposed.

Section 2. Convention Called by Legislature
Section 2. The legislature, by a two-thirds vote of the
elected membership of each house, may provide by law for the
calling of a constitutional convention. Tlie convention nay
ba called whenever the le^-;islature considers it desirable to
revise or propose a new constitution. The revision or the proposed



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CC-1336

C. P. No. 36

constitution and any alternative propositions agreed upon

by the convention shall be submitted to the people for their

ratification or rejection. If the proposal is approved by

a majority of the electors voting thereon, the governor shall

proclaim it to be the Constitution of the State of Louisiana.

Section 4. Laws Effectuating Amendnents

Section 4. ^./henever the legislature shall submit amend-
ments to this constitution, it may at the same session enact
laws to carry them into effect, to become operative when the
proposed amendments have been ratified.



Pa.se 3



Reprinted as Engrossed

Constitutional Convention of Louisiana of 1973
C. P. No. 37

1 COMMITTEE PROPOSAL No. 37—

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

4 A PROPOSAL

5 Making provisions relating to the Public Service Commission.

6 Be it adopted by the Constitutional Convention of Louisiana

7 of 1973:

8 ARTICLE VIII. NATURAL RESOURCES
g * • •

10 Section 14. Public Service Commission

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

12 Service Commission which shall consist of five members

18 elected at the time fixed for congressional elections from single

14 member districts established by law for overlapping terms of

15 six years. The commission annually shall elect one of its mem-

16 bers as chairman. Each commissioner serving upon the effec-

17 tive date of this constitution shall be the commissioner for the
.■".S new district in which he resides and shall serve out the term

19 for which he was chosen.

£0 (B) Powers and Duties. The commission shall regulate all

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

22 shall adopt and enforce reasonable rules, regulations, and pro-
28 cedures necessary for the discharge of its duties, and shall

24 have other powers and perform other duties as provided by

25 law. Notwithstanding any provision in this Paragraph, the

26 legislature shall provide for the regulation of natural gas by

27 such regulatory authority as it may designate.

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

29 regulate any common carrier or public utility owned, operated,

80 or regulated on the effective date of this constitution by the

81 governing authority of one or more political subdivisions, ex-

82 cept by the consent of a majority of the electors voting in an

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C. p. No. 37

1 election held for that purpose; however, a political subdivision

2 may reinvest itself with such regulatory power in the manner

3 it was surrendered. This shall not apply to safety regulations

4 pertaining to the operation of such utilities.

5 (D) Decisions on Applications, Petitions, and Schedules.

6 (1) The commission shall render its final decision after a

7 public hearing on applications, petitions, and proposed rate

8 schedules within twelve months from the date the application,

9 petition, or proposed schedule is filed.

10 (2) If a proposed rate schedule is approved in whole or in

11 part within six months, any increase shall become effective

12 on the date established by the Public Service Commission or-

13 der. If no decision is rendered within six months from the

14 effective filing date of any proposed rate schedule, such in-

15 crease may be put into effect, as provided by law, subject to

16 such protective bond or security requirements until final

17 action by a court of last resort.

18 (3) If the proposed increase is finally disallowed, in whole

19 or in part, the utility or carrier shall make refunds within one

20 year after any final action, and as otherwise provided by law.

21 (4) Any utility filing a proposed rate schedule shall, within

22 twenty days, give notice thereof by publication in the official

23 state journal and in the official journal of each parish within

24 the geographical area in which the schedule would become

25 applicable. Any person affected by the proposed rate schedule

26 may intervene.

27 (E) Appeals. Should the commission not render its decision

28 within twelve months, an appeal may be taken as if a decision

29 had been rendered. Appeals may be taken by any party or

30 intervenor and must be filed with the district court, within the

31 time provided by law, at the domicile of the commission, with

32 a direct appeal to the supreme court as a matter of right.

I'a.ne 2



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C. P. No. 37
(F) Jurisdiction. The commission shall regulate the trans-
portation and sale of natural gas for industrial purposes. This
jurisdiction shall not include the right to regulate the terms
of any contract or the price of gas ; but, regardless of the terms
of any contract, shall include the right to curtail and allocate
natural gas to industrial and other users to provide adequate
supplies for essential human needs and to protect the interests
of the public. Gas allocated to any user in the absence of a
prior contract shall be sold at rates comparable to those at
which such natural gas is then being sold to industrial users.
This paragraph is self-executing, and the commission shall
promulgate such orders and regulations necessary to carry out
the purpose and intent of this paragraph.



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1 Constitutional Convention of Louisiana of 1973

2 COMMITTEE PROPOSAL NUMBER 37

2 iDtroduced by Delegate Lambert, Chairman, on behalf of the
J Ccomlttee on Natural Resources and Environment

5

6 A PP.OPOSAL

7

g Making provisions relating to the Public Service Commission.

9 Be It adopted by the Constitutional Convention of Louisiana

10 of 1973:

„ ASTICLE VIII, NATURAL RESOURCES

12 * • »

13 Section 14, Public Service Commission

14 Section 14, (A) Composition; Term; Domicile, There shall be

15 A Public Service Commission which shall consist of five members
K elected at the time fixed for congressional elections from

17 single member districts established by law for overlapping

18 terms of six years. The commission annually shall elect one
X9 of Its members as chairman. Each commissioner serving upon the

20 effective date of this constitution shall be the commissioner

21 for the new district in which he resides and shall serve out

22 the term for which he was chosen. The commission shall have its

23 domicile at the state capital, but may meet, hold Investigations,

24 and render orders elsewhere is this state.

25 (B) Powers and Duties, The commission shall regulate all

26 comooa carriers and public utilities as provided by law. It

27 ahall adopt and enforce reasonable rules, regulations, and

28 procedures necessary for the discharge of its duties, and

29 ahall have other powers and perform other duties as provided

30 by law. Notwithstanding any provision in this Paragraph, the
jl legislature shall provide for the regulation of natural gas

32 by such regulatory authority as it may designate,

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

34 regulate any common carrier or public utility owned, operated,

35 or regulated on the effective date of this constitution by the



C. P. NO. 37

1 governing authority of one or more political subdivisions,

2 except by the consent of a majority of the electors voting

3 in an election held for that purpose; however, a political

4 subdivision may reinvest itself with such regulatory power in

5 the manner it was surrendered. This shall not apply to

6 safety regulations pertaining to the operation of such

7 utilities.

8 (D) Applications, Petitions, and Schedules;

9 Protective Bond and Security

10 (1) A"y common carrier or public utility filing a

11 proposed rate schedule which, if finally approved, would

12 result in a change in existing rates, shall, within twenty

13 days, give notice thereof by publication in the official

14 state Journal and in the official journal of each parish

15 within the geographical area In which the schedule would
1^ become applicable.

17 (2) Within twelve months from the effective date of

18 filing, the commission shall render a full decision on every

19 application, petition, and proposed rate schedule.

20 O) After the effective filing date of any proposed

21 schedule by a public utility which would result in any

22 increase in rates, the commission, pending its decision

23 on the application for rate increase, may permit the

24 proposed schedule to be put Into effect, in whole or in

25 part, subject to protective bond or security approved by

26 the commission. If no decision is rendered on the

27 application within twelve months after such filing date

28 "** proposed increase may be put into effect, but only
25 as provided by law and subject to protective bond or

3Q security requirements, until final action by a court of

31 last resort.

32 (4) If any proposed Increase which has been put

33 into effect is finally disallowed. In whole or in part,

34 the utility shall make full refund, with legal Interest
3r thereon, within the time and in the manner prescribed by



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C. P. NO. 37
law.

(E) Appeals. Appeal may be taken in the manner
provided by law by any aggrieved party or Intervenor to
the district court of the domicile of the commission.
A right of direct appeal from any Judgment of the district
court shall be allowed to the supreme court. The right
of appeal granted herein shall extend to any action by the
commission. Including without limitation any action taken by
the commission or by a public utility under the provisions
of Subparagraph (3) above.



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Constitutional Convention of Louisiana of 1973

C. P. No. 38

1 COMMITTEE PROPOSAL No. 38—

2 Introduced by Delegate Zervigon, Chairperson, Committee

3 on Legislative Liaison and Transitional Measures, and Del-

4 egates Casey, Comar, D'Geralamo, Drew, Hardee, J. Jackson,

5 Jones, Lanier, Rayburn, Smith, Thompson, Vick and Wo-
g mack:

7 A PROPOSAL

g Making provisions relative to transitional provisions.

9 Be it adopted by the Constitutional Convention of Lou-

10 isianaof 1973:

11 ARTICLE XIV. TRANSITIONAL PROVISIONS

12 Section 1. Limitation on Transitional Provisions

13 Section 1. Nothing in this Article shall be construed or

14 applied in such a manner as to invalidate the foregoing

15 Articles of this constitution, but only to supplement and

16 to provide for an orderly transition from the Constitution

17 of 1921.

;I8 Section 2. References to 1921 Constitution

19 Section 2. Whenever reference is made in this constitution

20 to the Constitution of 1921, it shall mean the Louisiana

21 Constitution of 1921, as amended.

22 Section 3. Effect of Titles

28 Section 3. No title or sub-title, heading or sub-heading,

24 marginal note, index, or table printed in or with this con-

25 stitution shall be considered or construed to be a part of

26 this constitution, but to be inserted only for convenience

27 in reference.

28 Section 4. Inherent Power of Legislature

29 Section 4. The legislature shall have all powers not pro-

80 hibited or denied by this constitution or by or under the

81 constitution and laws of the United States and the absence
32 in this constitution of a grant of power contained in the

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C. p. No. 38

1 constitution hereby superseded shall not be construed as

2 a limitation of the powers of state government.

3 Section 5. Continuation of Actions and Rights

4 Section 5. All writs, actions, suits, proceedings, civil or

5 criminal liabilities, prosecutions, judgments, sentences, or-

6 ders, decrees, appeals, rights or causes of action, contracts,

7 obligations, claims, demands, titles, and rights existing on

8 the effective date of this constitution shall continue unaf-

9 fected except as modified in accordance with this constitu-

10 tion. All sentences as punishment for crime shall be exe-

11 cuted according to their terms.

12 Section 6. Protection of Existing Taxes

13 Section 6. All taxes, penalties, fines, and forfeitures owing

14 to the state or any political subdivision levied and collectible

15 under the Constitution of 1921 and valid laws enacted there-

16 under shall inure to the entity entitled thereto. The provi-

17 sions of this constitution shall not be construed or applied

18 in such a manner ae to invalidate taxes levied or authorized

19 under the Constitution of 1921.

20 Section 7. Impairment of Debt Obligations Prohibited

21 Section 7. Nothing in this constitution shall be construed

22 or applied in such a manner as to impair the obligation,

23 validity, or security of any bonds or other debt obligations

24 authorized under the Constitution of 1921.

25 Section 8. Existing Officials

26 Section 8. A person holding an office by election shall

27 continue to exercise his powers and duties until his office

28 is abolished, his successor takes office or the office is va-

29 cated, as provided by law. A person holding an office by

30 appointment shall continue to exercise his powers and duties

31 until his office is abolished, his term ends, or he is removed
82 or replaced under the provisions of this constitution or by

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C. P. No. 38
][ law. Each public body shall continue to exercise its powers

2 and duties until changed as provided by this constitution

3 or by law.

4 Section 9. Provisions of 1921 Constitution Made Statutory
t^ Section 9. (A) Provisions Continued as Statutes. Subject
g to change by law or as otherwise provided in this constitu-
rj tion, and except as any of them conflicts with this con-

8 stitution, the following provisions of the Constitution of 1921

9 are continued as statutes, but restricted to the same effect

10 us on the effective date of this constitution :

11 1. Article V, Sections 2, 7, 18, 20, and 21.

12 2. Article VI, Sections 1(a), 11.1, 19, 19.2, 19.3, 19.4, 26,

13 27, 28, 31,32, 33, 35, 36.1, and 39.

14 3. Article VI-A, Sections 1 through 14, except any dedi-

15 cations therein contained.

16 4. Article VII, Sections 8, 12.1, 13, 20, 21, 28, 31, 31.1. 31.2,

17 33, 46 through 51, 51(a), 52, 53, 55, 80, 81, 82, 83, 85, 89

18 through 92, and 94 through 97.

19 5. Article IX, Section 4.

20 6. Article X, Sections 1(8), 1(9), 2, 2(1), 2(2), 6, 10(A),

21 15, and 23.

22 "• Article X-A, Sections 3 and 4.

23 8. Article XII, Sections 18, 19 through 22, 25, and 26.

24 9. Article XIV, Sections 3(b), 3(d) (first), 6, 10, 12, 14,

25 19, 21, 22(A), 23, 23.1 through 23.43, 24, 24.2 through 24.23,

26 25, 25.1, 26 through 28, 30, 30.1. 30.3, 30.4, 30.5, 31, 31.3, 31.6,

27 31.7, 32, 33, 34, 35, 36, 37.1, 38, 38, 38.1, 39, 39.1, 43, 44,

28 44.1, 45, 47, and 48.

29 10. Article XV, Sections 1,3, and 4.

30 11. Article XVI, Sections 1, 4, 6, 7, 8, and 8(a).

31 12. Article XVII, Sections 3 and 4.

32 13. Article XVIII, Sections 4 and 8.

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C. p. No. 38

1 14. Article XIX, Sections 6, 18, 19, 19(a), 20, and 27.

2 15. Article VI, Sections 22, 2,3 except any dedications con-

3 tained therein, and 23.1; Article VI-A, Sections 1 through

4 14, except any dedications contained therein; Article V, Sec-

5 tions 7 and 9; Article X, Sections 7, 9, 16, and 21; Article

6 XIV, Section 15.1, except Paragraph (34) ; and Article XVII,

7 Section 13, all of which shall be continued as statutes, sub-
g ject to change only by law enacted by two-thirds of the
9 elected members of each house.

10 (B) Judicial Review. The question of whether or to what

11 extent these Sections are in conflict with Articles I through

12 XIII of this constitution shall be subject to judicial review.

13 (C) Arrangement. The legislature shall provide for the

14 assignment of titles and sections to the provisions made

15 statutory hereby and for their arrangement in proper sta-

16 tutory form.

17 Section 10. Provisions of Constitution of 1921 Repealed

18 Section 10. Except as retained in Articles I through XIII

19 of this constitution, all other provisions of the Constitution

20 of 1921 are repealed, except that any provision which is

21 inconsistent with this constitution which is a necessary

22 procedure of government shall remain in effect for three

23 years after the effective date of this constitution or until

24 sooner superseded by statute, ordinance, rule, or regulation

25 enacted pursuant to this constitution.

26 Section 11. Existing Laws

27 Section 11. (A) Retention. Laws in force on the effective

28 date of this constitution, which were constitutional when

29 enacted and are not inconsistent with this constitution, shall

30 remain in effect until altered or repealed by the authority

31 which enacted them or until they expire by their own limi-

32 lation.

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C. P. No. 38

1 (B) Expiration of Inconsistent Law. Laws which are in-

2 consistent with this constitution shall cease upon its effec-

8 five date. However, a law which is inconsistent with a

4 provision of this constitution requiring legislation to im- I

5 plement it shall remain in effect for three years after the
g effective date of this constitution, unless sooner repealed
7 by the legislature.

g Section 12. Constitution Not Retroactive

9 Section 12. Except as otherwise specifically provided in

10 this constitution, this constitution shall not be retroactive

11 and shall not create any right or liability which did not

12 exist under the Constitution of 1921 based upon actions or

13 matters occurring prior to the effective date of this con-

14 stitution.

15 Section 13. Legislative Provisions

16 Section 13. (A) President of Senate. The lieutenant gov-

17 ernor in office on the effective date of this constitution

18 shall continue to serve as president of the Senate until his

19 term expires in 1976.

20 (B) First Session. The provisions of Article III of this

21 constitution shall become effective for the first session of

22 the legislature to be held in 1975. However, in 1976, the
28 legislature shall convene in regular session at twelve o'clock

24 noon on the second Monday in May, at which time the ,

25 members elected at the statewide election in 1976 shall take '
28 office; otherwise, the legislature shall conduct that session

27 as provided in Article III of this constitution.

28 (C) Legislative Auditor. The legislative auditor shall con-

29 tinue to exercise the powers and perform the functions set
80 forth in Article VI, Section 26(2) of the Constitution of

31 1921 until otherwise provided by law.

32 (D) Legislative Reapportionment. The requirement for

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C. p. No. 38

i[ legislative reapportionment in Section 5 of Article III of

o this constitution shall apply to the reapportionment of the

f legislature following the decennial census of 1980, and there-

4 after.

K Section 14. Deletion of Obsolete Schedule Items

g Section 14. The legislature by law may delete from this

Y constitution this and any other Section of this Article when

o all events have occurred to which the Section to be deleted

g is or could become applicable. A legislative determination

iQ of fact forming the basis for application of this Section

1 J shall be subject to judicial review.

22 Section 15. Judiciary Commission

J 3 Section 15. The members of the judiciary commission in

24 office on the effective date of this constitution shall serve

25 until the expiration of their terms. Within thirty days after
2 5 the effective date of this constitution, the additional two

27 citizen members shall be selected as required by Article V.

28 Section 2-1. A lawyer member, as thereby required, shall be

29 selected to succeed the judge of a court of record other

20 than a court of appeal whose term as a member of the

21 commission first expires. Thereafter, when a vacancy occurs,

22 the successor to the position shall be selected in accordance

23 with Article V, Section 24.

24 Section 16. Ports; Transition to Statutes

25 Section 16. All provisions of Article VI, Sections 16, 16.1.

26 16.2, 16..3,16.4, 16.5, 16.6. 17, 29, 29.1, 29.2. 29.3, 29.4, 33.1,

27 34 and Article XIV, Section 30.2 of the Constitution of

28 1921 shall become statutes subject to amendment or repeal

29 only as provided in Article VI, Section 44 of this constitu-

30 tion.

31 Section 17. Home Rule Charters; Authorization

82 Sectiin 17. The provisions of Article XIV, Sections 3(a),

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C. P. No. 38

1 3(c), 3(d) (second). 22, 37, and 40(c) of the Constitiitxr. cf

8 1921 are continued in effect as the constitutiorif.i ;;t':h,.i-

8 zation for home rule charters or plans of government rati-

4 fied in Article VI, Section 4 of thrs constitution.

5 Section 18. Public Service Commission

6 Section 18. At its next extraordinary or regular session,

7 the legislature shall divide the state into five single-member

8 districts as required by Article VIII, Section 14(A) and .shall

9 provide for a special election at which the two additional

10 members of the commission shall be elected, the initial

11 term to be served by each, and other matters necessary to

12 effectuate said Section 14(A).

13 Section 19. Statewide Elected Officials

14 Section 19. Officials elected statewide in 1976 under terms

15 of the new constitution shall take office in May of that
1(J year. Thereafter, statewide elected officials shall take office

17 in March as provided in the new constitution.

18 Section 20. Commissioner of Elections

19 Section 20. The commissioner of elections, as provided by

20 Article IV, first elected under this constitution shall be

21 elected to take office in 1976. The custodian of voting



Online LibraryLouisiana. Constitutional Convention (1973)Records of the Louisiana Constitutional Convention of 1973 (Volume 4) → online text (page 42 of 65)