Louisiana. Constitutional Convention (1973).

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

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22 machines in office on the effective date of this constitution

23 shall continue to exercise the functions of that office, with-

24 out change, until the expiration of his term.

25 Section 21. Pardon Board

26 Section 21. Until a pardon board is appointed under the

27 terms of this constitution, the lieutenant governor, attorney

28 general, and presiding judge of the sentencing court shall

29 continue to serve as a board of pardons.

80 Section 22. Levee Districts; Compensation for Property

SI Section 22. The provisions of Article XVI, Section 6 of

82 the Constitution of 1921 shall be continued as ft statute,

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1 subject to change by the legislature, and the amount of

2 compensation therein required to be paid tor property used

3 or destroyed for levee or levee drainage purposes shall be

4 paid as provided in Section 6 of Article XVI of the Con-

5 stitution of 1921 until the legislature enacts a law to effec-

6 tuate Article VI, Section 43 of this constitution.

7 Section 23. Suits Against the State ; Effective Date

8 Section 23. The provisions of Article III, Section 14 waiv-

9 ing the immunity of the state, its agencies, or political sub-

10 divisions from suit and liability in contract or for injury

11 to person or property only shall apply to a cause of action

12 arising after the effective date of this constitution.

13 Section 24. Ta.x Schedule

14 Section 24. (A) Property Taxes. The provisions of Article

15 X of the Constitution of 1921 relating to ad valorem prop-

16 erty taxes shall remain in effect until the provisions on

17 that subject contained in Article XI of this constitution

18 take effect as provided in said Article XI.

19 (B) The provisions of Article XI of the Constitution of

20 1921 shall be continued as a statute until the legislature

21 enacts the law required by Article XI, Section 1 (Delegate

22 Proposal No. 16) of this constitution, but the amount of

23 the exemption shall be fifteen thousand dollars in value

24 until otherwise fixed by law.

25 Section 25. Effective Date

26 Section 25. This constitution shall become effective at

27 twelve o'clock midnight on January 1, 1975. The secretary

28 c; state shall promulgate the results of the election on the

29 thirtieth day prior thereto; however, he shall announce the

30 results of the election within thirty days after the date of

31 the election at which the constitution is submitted to the
^2 people.

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C. P. No. 38
Section 26. Extraordinary Legislative Session
Section 26. The Legislature of Louisiana is hereby directed
to convene in extraordinary session at the State Capitol,
upon a call issued by the governor, for a period not to
exceed seventy-five days, for the purpose of enacting laws
to implement this constitution.



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I C.ii.l i r.Jl inn I I (i.nvriltion n( l.i.ii i r i .111.1 (.1 \'J73

I (.o:-:-iiTrt:r, h'Kui'OiAi. M'yHr.K J8

i lllL I inliK I d Iiy lJ% trj^.lLl- /ill V i )-.ull , till.l i rptT -.(in , C liiilLLC oil

i, Lt'C i:: l.it i V.' Li. Ill on .iiul i r.inr.i Li uii.il III .r.uics , jnd

5 llflc-|-,jLi-:i C.iscy, Couuir, I) '(Jul o] onio, Uru-.v, U.irdue, J. J.-icUbon,

C Jones, l.aniiT, Iwiybnrn, Sniitli, Tlionipr.on , Vick, .Tnd U'oniack

7

8 A PROrOSAL

9

10 Making provisions relative to transitional provisions.

II Be it adopted by the Constitutional Convention of Louisiana

12 of 1973:

13 ARTICLE aIV. TRAIJSITIOI.'AL PROVISIONS

14 PART II.

15 Section 1. Lip.itntion on Transitional Provisions

16 Section 1. i'iot'.iing in this Part sliall be construed or

17 applied in such a manner as to supersede or invalidate, or

18 limit or change the ncaning of any provision of the foregoing

19 Articles of this constitution, but only to provide for an

20 orderly transition froni the Constitution of 1921.

21 Part III

22 Section 2. References to 1921 Constitution

23 Section 2. UTienever reference is made in this constitution

24 to the Constitution of 1921, it shall mean the Louisiana Consti-

25 tution of 1921, as amended.

26 Section 3. Effect of Titles

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

28 marginal note, index, or tabic printed in or with, tliis consti-

29 tution shall be considered or construed to be a part of this

30 constitution, but to be in;:erted only for convenience in reference

31 Section 5. Continuation of Actions and Rights

32 Section 3, All writs, actions, suits, proceedings, civil

33 or criiuin.il li.ibi] i t le-. , prosecutions, judgnu'iits, sentences,

36 oiilt-is, Jeuipeb, .ippeais, fights ur causes iif jctinn, coiil ructs ,

35 nil I Lg.ir ii.ii-; , ijaimi, deinjiiils, I i Lies , .iiul rif.hls I'nistiiiB "U 'I'"



1 effective date of this constitution shall continue unaffected.

2 All sentences as punishment for crime shall be executed according to

3 their terms.

4 Section 6. Protection of Existing Taxes

5 Section 6. All taxes, penalties, fines, and forfeitures
fc owing to the state or any political subdivision levied and

7 collectible under the Constitution of 1921 and valid laws enacted

8 thereunder shall inure to the entity entitled thereto.

9 Section 7. Impairment of Debt Obligations Prohibited

10 Section 7. Nothing in this constitution shall be construed

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

12 or security of any bonds or other debt obligations authorized

13 under the Constitution of 1921.

14 PART II

15 Section 8. Existing Officials

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

17 continue to exercise his po\;ers and duties until his office is

18 abolished, his successor takes office or the office is vacated,

19 as provided by law. A person liolding an office by appointment

20 shall continue to exercise his powers and duties until his office

21 is abolished, his term ends, or he is removed or replaced under

22 the provisions of this constitution or by law. Each public body

23 shall continue Co exercise its powers and duties until changed

24 as provided by this constitution or by law.

25 Section 9. Provisions of 1921 Constitution Made Statutory

26 Section 9. (A) Provisions Continued as Statutes. Subject

27 to change by law or as ochcn;isc provided in this constitution,

28 and except as any of them conflicts with this constitution, the

29 following provisions of the Constitution of 1921 are continued

30 as statutes, but restricted to tiie same effect as on the effective

31 date of this constitution;

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

33 2. Article VI, Sections 1, 1 (A-1) , 11.1, 19, 19.2,

34 19.3, 19.4, 22(1), 23 except any dedications contained

35 tlierein, 23.1, 26, 28, 31, 32, 33, 35, 36.1. and 39.

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1 3. Article VI -A, Sections 1 t'.irou[;h 14, except any

2 dedlcationti therein contained.

3 A. Article VII. Sections 7, 8, 9,12.1, 13, 20, 21, 28. 31
A 31.1. 31.2. 33, 46 through 51, 51(a), 52, 53,

5 55, 80, 81, 82, 83, 85, 89 through 92, and 94

6 through 97.

7 5. Article IX, Section 4.

8 6. Article X. Sections 1. 2. 6. 7, 9. IDA, 15, 16.

9 and 23; except any dedications contained therein.

10 7. Article X-A, Sections 3 and 4.

11 8. Article XII, Sections 18, 19 through 22, 25,

12 and 26.

13 9. Article XIV, Sections 3Cb) . 3(d) (first). 6. 10,

14 12. 14, 19. 21, 23, 23.1 through 23.43,

15 24, 24.2 through 24.23. 25, 25.1, 26 through 28.

16 30, 30.1. 30.3. 30.4,. 30.5. 31, 31.3. 31.6.

17 31.7. 32, 33, 34, 35, 36. 37.1, 38, 38, 38.1,

18 39. 39.1, 43. 44, 44.1. 45. 47. and AS.

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

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

21 12. Article XVII, Sections 3 and 4.

22 13. Article XVIII, Sections 4, 8, and 13.

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

24 15. Article IV, Sections 2(c), 12-b , and l2-c.

25 (B) Ariangement. The provisions made statutory in this

26 Article shall be arranged in proper statutory form and recom-

27 mendations made for additional laws and modifications as pro-

28 vided in R.S. 24:201 tiirough 256, or as otiierwiso provided by

29 law.

30 Sccr-.>' V\ Orovi - icn:^ of Constitution of ]92l Kcpoalod

31 Section 10. Except to the extent provided in this Article

32 and except as retained in Articles I through XIII

33 of this constitution, the provisions of the Constitution of

34 1921 arc rcpralcd.

35 Section 11. txistiiif. Laws

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1 Scc:ion 11. (:.) . ■ iition. I-i-.'s in \un- en tlj.- ifrirtivi-

2 date of Liiis conriti Lution , which were cons ti tutiunjJ whtn enacted

3 and are not in conflict with tliis constitution, shjll remain in

4 effect until altered or repealed or until they expire by their own

5 limitation.

6 (B) Expiration of Conflicting Law. Laws which are in

7 conflict with this constitution shall cease upon its effective

8 date.

9 PART III

10 Section 12. Constitution Wot Retroactive

11 Section 12. Except as otherwise specifically provided in

12 this constitution, this constitution shall not be retroactive

13 and shall not create any right or liability which did not exist

14 under the Constitution of 1921 based upon actions or matters

15 occurring prior to the effective date ot this constitution.

16 Section 13. Legislative Provisions

17 Section 13. (A) President of Senate. The lieutenant governor

18 in office on the effective date of this constitution shall continue

19 to serve as preside.nt of the Senate until his 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 the

22 legislature to bo held in 1975 and each session thereafter, however,

23 in 1976. the legislature shall convene in regular session at twelve

24 o'clock noon on the second Monday in May, at which time the members

25 elected at the statewide election in 1976 sliall take office; otherwise,

26 the legislature shall conduct that session as provided in Article III

27 of this constitution.

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

29 tinue to exercise the powers and perform the functions set forth

30 in Article VI. TliImv, Z'O pT i.w C.ki A i t ut ion of 1^2] until

31 otherwise provided by law.

32 (D) Legislative Reapportionment. The requirement for Icgis-

33 lative rcap|-nrt ionmi.at in Section 5 of Article III of this

34 constitutio.i sliall apply to the rc.ipport i o.imcnt of tlie legislature

35 following llie docenni.il cen-jus of 1980, juil thereafter.

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1 Sect i Oil ! 5. .'ml i ■ i .':'•■ Ccrsinir-ision

2 Section 15. Tiic rr.i.ilicrs of Llic judiciary comriiiuion in

3 office on the cffccLive date of this constitution sii.il] .-.-rvo

4 until the; expiration of their terms. Within thirty days i

5 after the effective date of this constitution, the additional 2

6 two citizen mcnbcrs shall be selected as required by Article V, 3

7 Section 2^. A lawyer member , as thereby required , shall be ^

8 selected to succeed the judge of a court of record other than 3

9 a court of appeal wiiose term as a member of the commission first 6

10 expires. Tlicreafter, when a vacancy occurs, the ■ successor to the 7

11 position shall be selected in accordance \:ith Article V, Section 8

12 24. 9

13 PART 11 10

14 Section 16. Ports; Transition to Statutes 11

15 Section 16. All provisions of Article VI, Sections 16 , 16 . 1 , 12

16 16.2, 16.3, 16.4, 16.5, 16.6,, 17, 29, 29.1, 29.2, 29.3, 29.4, 13

17 33.1, 34 and Article XIV, Section 30.2 of the Constitution of 14

18 1921 shall become statutes subject to amendment or repeal only 13

19 as provided in Article VI, Section 44 of this constitution. 16

20 Section 18. Public Service Commission 17

21 Section 18. At its next extraordinar>- or regular session, 18

22 the legislature shall divide the state into five single-member 19

23 districts as required by Article VIII, Section 14(A) and shall 20

24 provide for a special election at which the two additional 21

25 members of the commission shall be elected, the initial term 22

26 to be served by each, and other matters necessary to effectuate 23

27 said Section 14(A) . 24

28 PART III 25

29 Section 19. Statewide Elected Officials 26
"^0 PccLioi 19. Offiri.-ls elcrtccl stn'^wiHe in ]n7A under 27

31 the provisions of this constitution shall take office on the 28

32 second Ilond.iy in May of that year. Thereafter, statt^wide elected 29

33 officials shall take office- on tiic second Monday in Mirch as pruviJuH 30

34 in this constitution. 31

33 Suction 2') . Commiss i oner of Elect ions 32

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Su'c;. i. ; . *: . ■ ii . . ; .liss ioner of elections , as provided
by Article IV, first elected under this constitution sliall
be elected to take office in 1976. The custodian of voting
machines in office on the effective date of this constitution
shall continue to exercise tlie functions of that office,
without ciiange, until the expiration of liis term.

Section 21. Pardon Board

Section 21. Until a pardon board is appointed under the
terms of this constitution, the lieutenant governor, attorney
general, and presiding judge of the sentencing court shall
continue to serve as a board of pardons.

Section 22. Levee Districts; Compensation for Property

Section 22. The provisions of Article XVI, Section 6
of the Constitution of 1921 shall be coatinued as a statute,
subject to change by the legislature, and the amount of compensa-
tion therein required to be paid for property used or destroyed
for levee or levee drainage purposes shall be paid as provided
in Section 6 of Article XVI of the Constitution of 1921 until
the legislature enacts a law to effectuate Ai'ticle VI, Section 43
of this constitution.

Section 23. Suits Against the State; Effective Date

Section 23. The provisions of Article III, Section 14
waiving the immunity of the state, its agencies, or
political subdivisions from suit and liability in contract or
for injury to person or property only shall apply to a cause
of action arising after the effective date of this constitution.

Section 24. Tax Schedule

Section 24. (A) Property Taxes. The provisions of
Article X of the Constitution of 1921 relating to ad valorem
prv-ji-i IV tascj; >n.'-' remain \a ■ T. it m..; ; ! ['.. .r.'.i .io:!.' o.i
that subject contained in Article XI of this cons ti tut J on take
effect as provided in said Article XI.

(B) The provisions of Article XI of the Constitution of 1921
shall be coac inucd as a statute unL i 1 th' lej'.islat-urc enact s the
law rc((ui rci! by Article XI , Sera i on 1 (I). lep..itc I'rt;pnsal iJo. 16)



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of this constitution, but the amount of the exemption shall be
fifteen thousand dollars in value until otherwise fixed by law.

Section 25. Effective Date

Section 25. This constitution shall become effective at
twelve o'clock midnight on December 31, 1974. The secretary of
state shall promulgate the results of the election by publication
in the official state journal on the thirtieth day prior thereto;
however, he shall announce the results of the election within
thirty days after the date of the election at which the constitution
Is submitted to the people.

Part I

Section 27. Board of Supervisors of Southern University

Section 27. At the next session of the legislature following
the effective date of this constitution, the governor shall submit
to the Senate for its consent the names of his appointees to the
Board of Supervisors of Southern University and Agricultural and
Mechanical College in accordance with and to effectuate Article IX,
Section 7.

PART I.

Section 28. Transition to Board of Regents and State
Board of Elementary and Secondary Education

Section 28. (A) If Alternative Proposition concerning education

boards is approved by the electors and if the proposed constitution
is approved by the electors, then this Section shall become Section

of Article XIV of the new constitution and Sections , __,

and of Article XIV shall be null, void, and of no effect. If

Alternative Proposition is not approved this Section shall be

null and void and of no effect.

(B) (1) On the effective date of this constitution, each member
of the Louisiana Coordinating Council for Higher Education whose term
has not expired shall become a member of the Board of Regents. The
legislature shall provide by law the procedure to effectuate
the transition to the board, the secretary of state notified of those
elections which must be held, and the governor notified of the appoint-
ments which must be made to complete the mcmbcrsliip of the board.

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The elections and appointments shall be made in accordance with
and to effectuate Article IX, Section 5 of Alternative Proposition

No. , adopted as Delegate Proposal Ho. 98, by Delegates Henry,

et "al.

(2) On the effective date of this constitution, each member of the
State Board of Education whose term has not expired may elect to
become a member of either the State Board of Elementary and Secondary
Education or the Board of Regents. He shall serve until the expiration
of the term for which he was elected. The legislature shall provide

by law the procedures by which this right shall be exercised, the
secretary of state notified of those elections which must be held,
and the governor notified of the appointments which must be made to
complete the membership of the boards. The elections and appointments
shall be made in accordance with and to effectuate Article IX, Sections

3 and 5 of Alternative Proposition No. , adopted as Delegate

Proposal Wo. 98, by Delegates Henry, et al.

(3) On the effective date of this constitution the Louisiana Coor-
dinating Council for Higher Education is abolished, and on such date
all powers, duties, and functions thereof not inconsistent with this
constitution shall be merged and consolidated into the Board of Regents.

(4) On the effective date of this constitution, all functions of
the State Board of Education with respect to the governance, super-
vision, management, administration, and direction of institutions of
higher education not inconsistent with this constitution shall be
transferred to the Board of Regents, and in all other respects the
functions of the State Board of Education not inconsistent witli this
constitution shall be transferred to and be exercised by the State
Board of Elementary and Secondary Education.

(5) Subject to change by law and except as in conflict with this
Alternative Proposition and Act 2 of 1972, the provisions of Article
XII, Section 7A of the Constitution of 1921 are continued as a statute^
but the powers of the board shall be limited to the management of the
daily operations of the Louisiana State University System.

Section 29. Effect of Adoption

Section 29. Notwithstanding any contrary provision of any law
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1 or the prior constitution, this constitution when approved by the

2 electors of this state shall be the Constitution of the State of

3 Louisiana upon the effective date as provided in Section 25 of this
* Article.

5 Section 30. Severability Clause

° Section 30. If any provision of this constitution is declared

' Invalid for any reason, that provision shall not affect the validity

° of the entire constitution or any other provision thereof.

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Constitutional Convention of Louisiana of 1973

DELEGATE PROPOSAL No. 1—

Introduced by Dr. Asseff :

A PROPOSAL

For supplemental pay increases for state policemen.
PROPOSED SECTION:

Article , Section Supplemental pay increase for

the state police

The State Civil Service Commission shall adopt a plan,
which shall not require approval of the governor, undo
which supplemental monthly compensation shall be paic
to law enforcement officers employed by the division of
state police which shall be equal to the supplemental pay
program provided by law for municipal and parish la -
enforcement personnel and shall be paid under the sam.
terms and conditions. The initial plan so adopted sh?
include supplemental pay increases heretofore provided by
law.

The legislature shall appropriate the funds necessary
for the supplemental pay for state policemen provided for
'by this section. The amount to be appropriated shall be
included as a line item in the general appropriation bill
■for each year, and the governor shall have no power to
■veto the appropriation. In any year in which the legisla-
ture fails to appropriate the necessary funds, the state
treasurer shall pay over such funds, out of any moneys
'available in the state treasury, to the director of the State
Department of Public Safety.



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Constitutional Convention of Louisiana of 1973

DELEGATE PROPOSAL No. 2—

Introduced by Dr. Asseff:

A PROPOSAL
To protect the sources of information of news reporters.

Article , Section Reporters of news, protection

of sources of information.

A. No news reporter shall be compelled to disclose the
identity of any informant or any source of information
obtained by him while acting as a news reporter except
in a prosecution for a capital offense or offense necessarily
punishable at hard labor.

B. For the purposes of this article a news reporter is
a person who for a period of at least five years has been
regularly engaged in the business of collecting and writing
news for publication through a news media.



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Constitutional Convention of Louisiana of 1973



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DELEGATE PROPOSAL No. 3 —

Introduced by Dr. Asseff :

A PROPOSAL
Relative to legislation increasing financial burdens of school
boards.

Article , Section School boards, legislation in-
creasing financial burden ; local approval

No law or regulation requiring increased school board
expenditures from local funds shall become effective unless
either the law or regulation provides for funds from state
sources to meet the increased local expenditure or the
affected local school board or local school boards approve
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1 DELEGATE PROPOSAL No. 4—

2 Introduced by Womack, Asseff, Edward N. Lennox:
8 A PROPOSAL

4 RELATIVE TO THE MANAGEMENT OF THE STATE

5 HIGHWAY SYSTEM.

6 The Legislature shall provide for the establishment and

7 maintenance of a system of state highways and bridges,

8 shall provided for a general highway fund for the con-

9 struction and maintenance thereof; shall authorize the ac-

10 quisition, by expropriation or otherwise, of rights of way

11 for highways and for drainage therefor; may provide for

12 the acquisition by expopriation or otherwise of property

13 necessary or useful for the purpose of building, operating

14 and maintaining highways and buildings and desirable ap-

15 purtenances thereto, including rest areas and scenic strips,

16 and may provide for control of outdoor advertising and

17 junkyards and zoning relative thereto, and shall provide

18 for a Department of Highways.

19 The Board of Highways shall consist of nine members,

20 one of whom shall be ex-officio, the Governor, and one

21 shall be appointed by the Governor from each congres-

22 sional district; the members of the Board presently in

23 office shall complete their present terms and may be re-

24 appointed; two shall have terms of four years coinciding

25 with that of the Governor and the others shall .serve terms



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