Louisiana. Constitutional Convention (1973).

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28 of six years, staggered so that one member is appointed

27 each year. New appointees shall fill the unexpired term

28 of the retiring or deceased member. A member of the

29 Board shall hold no salaried public office or employment

30 for compensation (other than per diem), and may be re-

31 moved by the Legislature for cause only.

32 The Board of Highways shall have general control.

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D. P. No. 4
■[ supervision of the management and direction of the De-

2 partment of Highways. It shall have authority to establish,

3 construct, and extend, improve, maintain and regulate the

4 use of the state highways and bridges. It may make such

5 studies and investigations as it thinks necessary. It shall
g formulate the policies, plans and procedures of the De-
7 partment. No member of the Board may prescribe or direct
g the conduct of the Department nor the action of any
9 employee thereof in any matter or case unless first au-

JQ thorized by the Board. The Board shall take no action

11 except in public meeting, which action shall be recorded

12 in the minutes. The Board and the Department shall be

13 represented in all legal matters by the General Counsel

14 or his designated assistant.

15 The Director of Highways is the executive officer of

16 the Department, appointed by and serving at the pleasure

17 of the Board; his compensation shall be fixed by the Board.
;'8 The bonds heretofore sold by the Department of High-

19 ways shall continue to be lawful obligations of the Depart-

20 nient and, until said bonds are paid in full, the taxes here-

21 tofore levied on motor fuels, motor vehicle licenses, the

22 use fuel tax, the taxes upon lubricating oils, and the dedi-

23 cation of all royalties and bonuses including annual delay

24 rentals, heretofore provided by Article IV, Section 2 (c),

25 shall continue to be collected, any excess over the amount

26 required to pay the principal and interest on said bonds

27 being paid into the General Highway Fund.

28 The Legislature shall have authority to authorize the

29 taking of property for highway purposes by orders ren-

80 dered ex parte in expropriation suits prior to judgment

81 herein provided that provision be made for deposit before

82 such taking with a court officer for the amount of ap-

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D. P. No. 4

-1 praisals of the property so taken and damages to which

2 the owner thereof may be entitled, if any, which appraisals

3 may be made in such manner as may be provided by law

4 either before or after institution of suit, and need not

5 be by judicially appointed appraisers.

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Constitutional Convention of Louisiana of 1973

CC-1009

DELEGATE PROPOSAL No. 5—

Introduced by Delegate Weiss:

A PROPOSAL
To provide a guarantee of the right to life and to provide ex-
ceptions thereto.

Be it adopted by the Constitutional Convention of Louisi-
ana of 1973:

Article I, Section 26. Right to Life

Section 26. No person shall be deprived of life intentionally,
except in execution of a judicial sentence imposed for a capi-
tal crime in accordance with law.



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Constitutional Convention of Louisiana of 1973

1 DELEGATE PROPOSAL No. 6—

2 Introduced by Delegate Weiss :

% A PROPOSAL

4 Making general provisions for elections.

5 Be it adopted by the Constitutional Convention of Lou-

6 isiana of 1973:

7 ARTICLE X. ELECTIONS

8 Section 1. Election Laws

9 Section 1. The legislature shall establish procedures for

10 the conduct of elections, including provisions to facilitate

11 registration and voting, protect the integrity of the voting

12 process. pre.serve secrecy of voting, and permit absentee
IS voting.

14 Section 2. Periodic Elections

15 Section 2. General elections shall be held periodically as

16 provided by law. Parish officers shall be elected at the same

17 time as state officers unless otherwise provided by law or

18 by the instrument of government of the parish. Municipal-

19 ities may prescribe election dates and procedures for the

20 administration of their municipal elections, subject to max-

21 imum elective terms of four years and other standards pro-

22 vided by law.

23 Section 3. Privilege from Arrest

2^ Section 3. In all cases except felony or breach of the

25 peace, electors shall be privileged from arrest during their

2" attendance at, and in going to and from the polls.

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Constitutional Convention of Louisiana of 1973
CC-1086

1 DELEGATE PROPOSAL No. 7—

2 Introduced by Delegate Burns :

8 A PROPOSAL

4 Making provisions for gambling, futures of agricultural

5 products, and lotteries and necessary provisions with

6 respect thereto.

7 Be it adopted by the Constitutional Convention of Louisi-

8 ana of 1973:

9 Article XII, Section 1. Gambling; Futures of Agricultural

10 Products ; Lotteries

11 Section 1. Gambling is a vice and the legislature shall

12 pass laws to suppress it.

13 Gambling in futures on agricultural products or articles

14 of necessity, where the intention of the parties is not to
16 make an honest and bona fide delivery, is declared to be

16 against public policy; and the legislature shall pass laws to

17 suppress it.

18 Lotteries and the sale of lottery tickets are prohibited in

19 this state.
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Constitutional Convention of Louisiana of 1973

CC-1145

DELEGATE PROPOSAL No. 8—

Introduced by Delegate Leithman :

A PROPOSAL
Making provisions for education and necessary provisions
with respect thereto.
Be it adopted by the Constitutional Convention of Louisi-
ana of 1973:

Article IX. EDUCATION
Section 1. Educational Goals

Section 1. The goal of the public educational system shall
be to provide learning environments and experiences that
are designed to promote excellence so that every individual
may be afforded the opportunity to develop to his full po-
tential.

S- ction 2. Public Educational System

Section 2. The legislature shall provide for the education
of the people of the state and shall establish and maintain
a public educational system consisting of all public schools
and institutions of learning supported in whole or in part
by state funds, the funds of any political subdivision there-
of, or both.

Section 3. State Board of Education

Section 3. (A) There is created a body corporate, known
as the State Board of Education, which shall be composed
of the Board of Public Education and the Board of Regents.
The State Board of Education shall be responsible for long-
range planning, coordination and evaluation of policies and
programs, and submission of unified budget requests for
the .state public educational .system. It shall have such other
powers, duties, and responsibilities as are provided in this
Article and by law.

(B) The board shall consist of twenty-two members, elev-
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CC-n45

D. p. No. 8

en members each from the Board of Public Education and

the Board of Regents. The board shall elect a chairman to

serve for such term as it may deem appropriate.

Section 4. Board of Public Education

Section 4, (A) There is created a body corporate, known
as the Board of Public Education. The board shall super-
vise, control, and have budgetary responsibility for all pre-
collegiate public education. The board shall have such other
specific powers, duties, and responsibilities as are provided
by law, but shall have no control over the business affairs
of parish and municipal school boards or the selection or re-
moval of their officers and employees.

(B) The board shall consist of eleven members. One mem-
ber .=;hall be elected from each of the congressional districts
into which the state is divided and an additional number of
members shall be appointed by the governor, with the con-
»«nt of the Senate, from the state at large. All members
shall serve overlapping terms of six years, following the
initial terms which shall be determined by the legislature
in a manner as to effectuate this purpose. The board shall
elect a chairman to serve for such terms as it may deem
appropriate.

Section 5. State Superintendent of Public Education

Section 5. The Board of Public Education shall appoint a
superintendent of public education who shall be the ex offi-
cio secretary of the board and serve as its chief adminis-
trative officer. The board shall prescribe his term of office
and his powers, duties, and responsibilities.

Section 6. State Department of Education

Section 6. The State Department of Education shall be
the administrative and research staff of the Board of Pub-
lic Education.

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CC-1145

D. P. No. 8

1 Section 7. Qualification and Certification of Teachers

2 Section 7. The Board of Public Education shall prescribe

3 and provide for the qualifications to be met by teachers

4 and for the certification of teachers of precoUegiate public

5 schools.

6 Section 8. Approval of Private Schools ; Effect

7 Section 8. The Board of Public Education may approve

8 piivate schools whose sustained curriculum is of a quality

9 equal to that prescribed for similar public schools. The cer-

10 tificates issued by private schools so approved shall carry

11 the same privileges as those issued by state public schools.

12 Section 9. Parish School Boards; Parish Superintendents

13 Section 9. The legislature shall provide for the creation of

14 parish school boards and shall provide for the election of

15 the members of such boards. Each parish board shall elect
1 '3 a superintendent of parish schools. The Board of Public

17 Education shall fix the qualifications and prescribe the du-

18 ties of the parish superintendent, who need not be a resident

19 of the parish where he serves.

20 Section 10. Recognition of Existing Boards

21 Section 10. Parish and municipal school boards in exis-

22 tence as of the date of this constitution are recognized.

23 Section 11. Board of Regents

24 Section 11. (A) There is created a body corporate known

25 as the Board of Regents. The board shall have full power
2" and authority to supervise, coordinate, and have budgetary
2 ' responsibility for all public higher education except that the
^° board may provide for governing boards to manage each
'• college and university.

*® (B) The board shall consist of eleven members. One mem-

•^ ber shall be elected from each of the congressional districts
into which the state is divided and an additional number of
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CC-1145
D. P. No, 8

2 members shall be appointed by the governor, with the con-

2 sent of the Senate, from the state at large. All members

3 shall serve overlapping terms of six years, following the ini-

4 tial terms which shall be determined by the legislature in a

5 manner as to effectuate this purpose. The board shall elect
g a chairman to serve for such terms as it may deem appro-
rj priate.

g Section 12. Chancellor; Higher Education

9 Section 12. The Board of Regents shall appoint a chan-

10 cellor of higher education who shall be the ex officio secre-

11 tary of the board and serve as its chief administrative of-

12 ficer for four years. The board shall prescribe his powers,

13 duties, and responsibilities.

14 Section 13. Higher Education ; Master Plan

15 Saction 13. The Board of Regents shall formulate and

16 make timely revision of a master plan for all public higher

17 education. As a minimum, the plan shall include a formula

18 for the equitable distribution of funds to the institutions of

19 higher education of the state.

20 Section 14. Board ; Staff

21 Section 14. The legislature shall establish and maintain

22 an administrative and research staff for the Board of Re-

23 gents.

24 Section 15. Public Educational Finance

25 Section 15. The legislature shall have the primary re-

26 sponsibility for financing the public educational system.

27 Funds for the support of the system shall be derived from

28 the sources and in the manner prescribed by law.

29 Section 16. Boards of Education ; General

30 Section 16. (A) The membership of the Board of Public

31 Education and the Board of Regents shall include members

32 of the predominant minority race in a number equal to the

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CC-1145

D. P. No. 8
proportionate number of members of that race in the total
population of the state.

(B) Vacancies occurring for any cause prior to the ex-
piration of the term shall be filled by appointment by the
governor for the remainder of the unexpired term.

(C) Members of boards shall serve without pay except for
such per diem and expenses as shall be fixed by the legis-
lature.



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Constitutional Convention of Louisiana of 1973
CC-1149

DELEGATE PROPOSAL No. 9—

Introduced by Delegate Leithman:

A PROPOSAL
Making provisions for education and necessary provisions
with respect thereto.

Be it adopted by the Constitutional Convention of Louisi-
ana of 1973:

ARTICLE IX. EDUCATION

Section 1. Education

Section 1. A general diffusion of knowledge and intelli-
gence is essential to the preservation of the rights and lib-
erties of the people, and for the preservation of republican
institutions throughout the different parishes of the stat«.
The state shall provide, by law, a statewide system of free
public schools and such other public educational institutions
and services for the promotion of the intellectual, literary,
scientific, mining, mechanical, agricultural, and occupation-
al development of the people of the state.



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Constitutional Convention of Louisiana of 1973
CC-1088

DELEGATE PROPOSAL No. 10—

Introduced by Delegate Juneau :

A PROPOSAL
Making provisions for education and necessary provisions
with respect thereto.

Be it adopted by the Constitutional Convention of Louisi-
ana of 1973:

ARTICLE IX. EDUCATION

Section 1. Educational Goals

Section 1. The goal of the public educational system shall
be to provide learning environments and experiences de-
signed to promote excellence so that every individual may
be afforded the opportunity to develop to his full potential.

Section 2. Public Educational System

Section 2. The legislature shall provide for a public edu-
cational system for the people of the state.

Section 3. Public Educational Finance

Section 3. The legislature shall provide for financing the
system of public education and shall provide for equitable
distribution of funds to all components of the public educa-
tional system.



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Constitutional Convention of Louisiana of 1973
CC-1090

DELEGATE PROPOSAL No. 11 —

Introduced by Delegate Duval :

A PROPOSAL
For prohibition against dual officeholding.

Be it adopted by the Constitutional Convention of Louisi-
ana of 1973:

Article , Section Dual Officeholding; Prohibition

Section . (A) No person holding any office of emolu-

ment, honor, profit, or trust under the government of this
state, any of its political subdivisions, or of the United
States or any foreign country, shall, at the same time hold
any other such office.

(B) For the purposes of this Section the following are
e\cepted :

(1) ex officio positions;

(2) notaries public;

(3) those serving on boards, commissions, and other in-
strumentalities performing only advisory functions;

(4) delegates to any constitutional convention ;

(5) members in the reserve of the armed forces and the
National Guard.



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Constitutional Convention of Louisiana of 1973

CC-1164

DELEGATE PROPOSAL No. 12—

Introduced by Delegate Dennery :

A PROPOSAL
To provide for uniform compensation to members of all
state boards, commissions, and authorities.

Article IV, Section 1. Compensation

Section 1. Unsalaried members of all state boards, com-
missions, and authorities shall be compensated for each
day devoted to the work of the board, commission, or au-
thority. The amount of compensation, which shall be the
same for all such members, shall be determined by the leg-
islature.



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Constitutional Convention of Louisiana of 1973

CC-1164

DELEGATE PROPOSAL No. 12—

Introduced by Delegate Dennery :

A PROPOSAL

To provide for uniform compensation to members of all
state boards, commissions, and authorities.

Article IV, Section 1. Compensation

Section 1. The legislature may provide that unsalaried
members of any state board, commission, or authority may
be compensated for each day devoted to the work of the
board, commission, or authority. The amount of compensa-
tion, if any, shall be determined by the legislature, and
shall be the same for the members of all such boards,
commissions, or authorities.



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Constitutional Convention of Louisiana of 1973
CC-1165

1 DELEGATE PROPOSAL No. 13—

2 Introduced by Delegate Burson :

3 A PROPOSAL

4 Making provisions for the selection of jurors and necessary

5 provisions with respect thereto.

6 Be it adopted by the Constitutional Convention of Louisi-

7 ana of 1973 :

g Article VII, Section 41. Selection of Jurors; Women Jurors;

9 Trial by Judge; Trial by Jury

10 Section 41. The legislature shall provide for the election

11 and drawing of competent and intelligent jurors for the

12 trial of civil and criminal cases; provided, however, that no

13 woman shall be drawn for jury service unless she shall have

14 previously filed with the cicrk cf ihe district court a written

15 declaration of her desire to be subject to such service. All
15 cases in which the punishment may not be at hard labor

17 shall, until otherwise provided by law, be tried by the judge

18 without a jury. Cases, in whicli the punishment may be at

19 hard labor, shall be tried by a jury of five, all of whom

20 must concur to render a verdict; cases, in which the pun-

21 ishment is necessarily at hard labor, by a jury of twelve,

22 nine of whom must concur to render a verdict; cases in

23 which the punishment may be capital, by a jury of twelve,

24 all of whom must concur to render a verdict.
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Constitutional Convention of Louisiana of 1973

CC-1104

DELEGATE PROPOSAL No. 14—

Introduced by Delegate Bergeron:
A PROPOSAL

Relative to amending the constitution.

Be it adopted by the Constitutional Convention of Lou-
isiana of 1973:

A proposal to amend this constitution shall be submitted
to the electorate if approved by two-thirds of the elected
membership of each house in two successive regular sessions
of the legislature. The proposal shall be adopted upon ap-
proval of a majority of the electors voting on the proposal.



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Constitutional Convention of Louisiana of 1973

CC-1109

DELEGATE PROPOSAL No. 15—

A PROPOSAL*

To provide for making appeals from the Public Service Com-
mission.
Be it adopted by the Constitutional Convention of Louisi-
ana of 1973:

ARTICLE IV

Section Appeals from Public Service Commission

Section Appeals from orders of the Public Service

Commission shall be filed with the district court at the
domicile of the regulated entity involved, or in a judicial
district where the controversy arose, and appeal from the
district court shall be of right to the court of appeal in the
circuit having jurisdiction over the district court.
* lliitruduceil by Delegate AvantI



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Constitutional Convention of Louisiana of 1973
CC-1089

1 DELEGATE PROPOSAL No. 16—

2 Introduced by Delegates Alario, Chehardy, Edwards, Mire,

3 Rayburn, Nunez, Winchester, Mauberret, Slay and Planchard

4 A PROPOSAL

5 Making provisions for homestead exemptions.

g Be it adopted by the Constitutional Convention of Louisi-

7 ana of 1973:

g ARTICLE XI. HOMESTEAD EXEMPTIONS

9 Section 1. Property Exempt; Valuation; Claim of Benefit

10 Section 1. There shall be exempt from seizure and sale by

11 any process whatever, except as hereinafter provided, the

12 homestead, bona fide, owned by the debtor and occupied by
18 him, consisting of lands, not exceeding one hundred and
14 sixty acres, buildings and appurtenances, whether rural or
IB urban, of every head of a family, or person having a mother

16 or father or a person or persons dependent on him or her for

17 support to the total value of not more than fifty thousand

18 dollars.

19 Provided, that in case the homestead exceeds fifty thou-

20 sand dollars in value, the beneficiary shall be entitled to that

21 amount in case of a sale of the homestead under legal pro-

22 cess realizes more than that sum; if the sale does not realize

23 more than that sum, over and above all costs and expenses,

24 said sale shall be null and void.

25 The benefit of this exemption may be claimed by the sur-

26 viving spouse, or minor child or children, of a deceased

27 beneficiary.

28 Section 2. Debts Excluded From Exemption

29 Section 2. A homestead exemption shall not apply to the

30 following debts :

81 (1) For the purchase price of property or any part of

32 such purchase price.

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CC-1089

D. P. No. 16

(2) For labor, money, and material furnished for build-
ing, repairing, or improving homesteads.

(3) For liabilities incurred by any public officer, fiduciary,
or attorney at law, for money collected or received on depos-
its.

(4) For taxes or assessments.

(5) For rent which bears a privilege upon the homestead.

(6) For the amount due a homestead or building and loan
association for a loan secured by the homestead.

(7) For the amount due for money advanced on the security
of a mortgage on the homestead.

Section 3. Sales ; Waiver of Homestead

Section 3. The right to sell voluntarily any property that
is exempt as a homestead shall be preserved ; but no sale
shall destroy or impair any rights of creditors thereon. Any
person entitled to a homestead may waive same, in whole or
in part, by signing a written waiver thereof; provided, that
if such person be married, and not separated from bed and
board from the other spouse, then the waiver shall not be
effective unless signed by the latter; and all such waivers
shall be recorded in the mortgage records of the parish
where the homestead is situated. Such waiver may be either
general or special, and shall have effect from the time of
recording.

Section 4. Registration of Homestead

Section 4. Homestead exemptions must be registered only
in cities having a population of two hundred and fifty thou-
sand or more and shall be recorded or provided by law.



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Constitutional Convention of Louisiana of 1973
CC-1089

I DELEGATE PROPOSAL No. 16—

o Introduced by Delegates Alario, Chehardy, Edwards, Mire,

3 Rayburn, Nunez, Winchester, Mauberret, Slay and Planchard

4 A PROPOSAL

K Making provisions for homestead exemptions.

g Be it adopted by the Constitutional Convention of Louisi-



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