Louisiana. Constitutional Convention (1973).

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

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7 ana of 1973 :

8 ARTICLE XI. HOMESTEAD EXEMPTIONS

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

13 him, consisting of lands, not exceeding one hundred and

14 sixty acres, buildings and appurtenances, whether rural or

15 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 fifteen thousand
;'8 dollars.

19 Provided, that in case the homestead exceeds fifteen 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

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

80 following debts:

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

82 such purchase price.

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Engrossed

CC-1089

D. P. No. 16

1 (2) For labor, money, and material furnished for build-

2 ing, repairing, or improving homesteads.

3 (3) For liabilities incurred by any public officer, fiduciary,

4 or attorney at law, for money collected or received on depos-

5 its.

6 (4) For taxes or assessments.

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

8 (6) For the amount due a homestead or building and loan

9 association for a loan secured by the homestead.

10 (7) For the amount due for money advanced on the security

11 of a mortgage on the homestead.

12 Section 3. Sales ; Waiver of Homestead

13 Section 3. The right to sell voluntarily any property that

14 is exempt as a homestead shall be preserved; but no sale

15 shall destroy or impair any rights of creditors thereon. Any

16 person entitled to a homestead may waive same, in whole or

17 in part, by signing a written waiver thereof; provided, that

18 if such person be married, and not separated from bed and

19 board from the other spouse, then the waiver shall not be

20 effective unless signed by the latter; and all such waivers

21 shall be recorded in the mortgage records of the parish

22 where the homestead is situated. Such waiver may be either

23 general or special, and shall have effect from the time of

24 recording.

25 Section 4. Registration of Homestead

26 Section 4. Homestead exemptions must be registered only

27 in cities having a population of two hundred and fifty thou-

28 aand or more and shall be recorded or provided by law.
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Constitutional Convention of Louisiana of 1973

DELEGATE PROPOSAL KWtBFR 16

Introduced by Delegates Alario, Chehardy, Edwards « Mire,

Raybum, Nunez, Winchester, Mauberret, Slay, and Planchard

A PROPOSAL

Making provisions for homestead exenntions.
Be it adopted by the Constitutional Convention of Louisiana
of 1973:

ARTICLE XI. HOMESTEAD EXEMPTIONS
Section 1. Exemptions From Seizure and Sale
Section 1. The legislature shall provide by law for
exemptions from seizure and sale, as well as waivers of and
exclusions from such exemptions. The exemption shall extend
to at least fifteen thousand dollars in value of a homestead,
as provided by law.



Constitutional Convention of Louisiana of 1973
CC-1112

1 DELEGATE PROPOSAL No. 17—

2 Introduced by Delegate Planchard:
g A PROPOSAL

Making provisions prohibiting lotteries.

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

Article II, Section 14. Lotteries

Section 14. Neither the state nor any of its political sub-
divisions shall conduct a lottery.



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CC-1112

Constitutional Convention of Louisiana of 1973

DELEGATE PROPOSAL NUMBER 17

Introduced by Delegate Planchard

A PROPOSAL

Making provisions prohibiting lotteries and gambling.
Be it adopted by the Constitutional Convention of Louisiana
of 1973:

ARTICLE XII. GENERAL PROVISIONS
* * *

Section 12. Lotteries; Gambling
Section 12. Neither the state nor any of its political

subdivisions shall conduct a lottery. Gambling shall be
defined by and suppressed by the legislature.



Constitutional Convention of Louisiana of 1973
CC-1107

1 DELEGATE PROPOSAL No. IS—

2 Introduced by Delegates Casey, Alario, Dennery and Gra-

8 ^«l =

4 A PROPOSAL

5 Providing for meeting of the legislature for the next three
g years following the adoption of this constitution.

7 Be it adopted by the Constitutional Convention of Louisi-

8 ana of 1973:

9 ARTICLE XIV. SCHEDULE

10 Section 1. Legislative Sessions

11 Section 1. The legislature, during the first three regular

12 annual sessions following the adoption of this constitution,

13 shall provide, by rule or otherwise, for a recess of at least

14 eight calendar days after the first fifteen calendar days of

15 the session.
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Reprinted as Engrossed

Constitutional Convention of Louisiana of 1973
CC-1107

DELEGATE PROPOSAL No. 18—

Introduced by Delegates Casey, Mario, Dennery and
Gravel :

A PROPOSAL
Providing for meeting of the legislature for the next three
years following the adoption of this constitution.
Be it adopted by the Constitutional Convention of Louisiana
of 1973:

ARTICLE XIV. SCHEDULE
Section 1. Legislative Sessions

Section 1. The legislature, during the first two regular an-
nual sessions following the effective date of this constitution,
shall provide, by rule or otherwise, for a recess of at least
eight calendar days after the first fifteen calendar days of
the session.



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CC-1107

Constitutional Convention of Louisiana of 1973

DELEGATE PROPOSAL NKtBER 18

Introduced by Delegates Casey, Alario, Dennery, Gravel and Riecke

A PROPOSAL

Providing for meeting of the legislature for the next

two years following the adoption of this

constitution.
Be it adopted by the Constitutional Convention of Louisiana

of 1973:

ARTICLE XIV. SCHEDULE

Section 1. Legislative Sessions

Section 1. The legislature shall provide, by rule
or otherwise, for a recess, during the 1975 and 1976 regular
annual sessions, which shall be for at least eight
calendar days Immediately after the first fifteen
calendar days of the session.



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Constitutional Convention of Louisiana of 1973
CC-1128

1 DELEGATE PROPOSAL No. 19—

2 Introduced by Delegate Velazquez:

3 A PROPOSAL

4 To provide for the Public Service Commission and neces-

5 sary provisions.

g Be it adopted by the Constitutional Convention of Louisi-

7 ana of 1973:

8 ARTICLE PUBLIC SERVICE COMMISSION

9 Section 1. Composition

10 Section 1. The Public Service Commission shall consist of

11 seven members. Five shall be elected at the time fixed for

12 congressional elections from districts established by law for

13 overlapping terms of six years, provided the legislature shall

14 establish initial terms of less than six years to implement
16 the overlapping terms. Tvi-o shall be appointed by the gover-

16 nor with the advice and consent of the Senate for a term

17 concurrent with that of the governor, one selected from a

18 list of three submitted by the Louisiana Consumer League,

19 the Better Business Bureau of New Orleans, and the League

20 of Women Voters of Louisiana, and the other selected from

21 a list of three submitted by the deans of the departments or

22 colleges of agriculture of Louisiana State University and

23 Agricultural and Mechanical College, Southern University,

24 and Louisiana Polytechnic Institute.

25 Section 2. Authority

26 Section 2. The commission shall regulate common car-

27 riers and other public utilities, adopt and enforce reasonable

28 rules, regulations, and procedures for the discharge of its

29 duties, and perform such other functions as provided by

30 law.

31 Section 3. Limitations

32 Section 3. The commission shall have no authority to regu-

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CC-1128
D. P. No. 19

late any public utility, regulated or operated by the gov-
erning authority of a political subdivision except by the
consent of a majority of the electors voting in an election
held for that purpose.

Section 4. Decisions; Appeal

Section 4. The commission shall render a decision on a
rate proposal within six months from the date of filing of
such proposal; otherwise, the proposed schedule may be
placed in effect by the utility under bond or other security
in accordance with procedures to be fixed by the legislature.
If the commission should fail to render its decision vrithin
an additional period of six months, the proposed schedule
shall be deemed approved. Any decision so rendered shall
be subject to judicial review in accordance with procedures
otherwise provided in this constitution.



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Constitutional Convention of Louisiana of 1973

CC-1184

DELEGATE PROPOSAL No. 20—

Introduced by Delegate Jack :

A PROPOSAL
Limiting the number of proposed constitutional amendments
that may be submitted to the voters at any one elec-
tion.

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

Article XIII, Section 1. Constitutional Amendments; Limit
on Number

Section 1. No more than six proposed amendments shall
be .submitted to the electors of the state at any one elec-
tion.



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Constitutional Convention of Louisiana of 1973

CC-1185

DELEGATE PROPOSAL No. 21 —

Introduced by Delegate Jack:

A PROPOSAL
Making provisions for a deduction in state income taxes for
federal income tax payments made during the same
period.

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

Article , Section State Income Tax; Deduction

Section Federal income taxes paid shall be allovced



as a deductible item in computing state income taxes paid
during the same period.



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Constitutional Convention of Louisiana of 1973
CC-1132

1 DELEGATE PROPOSAL No. 22— 1

3 Introduced by Delegates Conroy and Newton : 2
8 A PROPOSAL 8

4 To provide for the prohibition of certain enumerated local 4

5 and special laws. 5

6 Be it adopted by the Constitutional Convention of Louisi- g

7 ana of 1973: 7

8 Article III, Section 12. Local and Special Laws; Prohibi- g

9 tion Against Enactment Q

10 Section 12. Except as otherwise provided in this constitu- jq

11 tion, the legislature shall not pass any local or special law: 1]^

12 (1) For the holding and conducting of elections, or fixing 22

13 or changing the place of voting. Ig

14 (2) Changing the names of persons; authorizing the 14

15 adoption or legitimation of children or the emancipation of 15

16 minors ; affecting the estates of minors or persons under Ig

17 disabilities; granting divorces; changing the law of descent 17

18 or succession; giving effect to informal or invalid wills or jg

19 deeds or to any illegal disposition of property. 19

20 (3) Concerning any civil or criminal actions, including £0

21 changing the venue in civil or criminal cases, or regulating £1

22 the practice or jurisdiction of any court, or changing the £2

23 rules of evidence in any judicial proceeding or inquiry be- £8

24 fore courts, or providing or changing methods for the col- £4

25 lection of debts or the enforcement of judgments, or pre- £5

26 scribing the effects of judicial sales. £Q

27 (4) Authorizing the laying out, opening, closing, altering, 27

28 or maintaining of roads, highways, streets, or alleys; re- £3

29 lating to ferries and bridges, or incorporating bridge or £9

80 ferry companies, except for the erection of bridges cross- 80

81 ing streams which form boundaries between this and any 81

82 other state; authorizing the constructing of street passenger 82

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CC-1132

D. P. No. 22

railroads in any incorporated town or city.

(5) Exempting property from taxation; extending the
time for the assessment or collection of taxes; for the re-
lief of any assessor or collector of taxes from the perf r-
mance of his official duties or of his sureties from liability;
remitting fines, penalties, and forfeitures; or refunding
moneys legally paid into the treasury.

(6) Regulating labor, trade, manufacturing, or agricul-
ture ; fixing the rate of interest.

(7) Creating private corporations, or amending, renew-
ing, extending, or explaining the charters thereof; grant-
ing to any private corporation, association, or individual any
special or exclusive right, privilege, or immunity.

(8) Regulating the management of public schools, the
building or repairing of schoolhouses and the raising of
money for such purposes.

(9) Legalizing the unauthorized or invalid acts of any
officer, employee, or agent of the state, its agencies, or
political subdivisions.



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CC-1132

Constitul lonnl Coiivciiclon of Louisiana of 1973

DELF.CATE PKOI'OSAL MIM'lER 22

Introduced by Delegates Conroy and Newton

A PROPOSAL

To provide for the prohibition of certain enumerated local and

special laws.
Be it adopted by the Constitutional Convention of Louisiana of

1973;

ARTICLE III. LEGISLATIVE BRANCH
* * *
Section 12. Prohibited Local and Special Laws
Section 12. (A) Except as otherwise provided in this
constitution, the legislature shall not pass any local or special
law:

(1) For the holding and conducting of elections, or fixing
or changing the place of voting.

(2) Changing the names of persons; authorizing the adoption

or legitimation of children or the emancipation of minors; affecting
the estates of minors or persons under disabilities; granting divorces;
changing the law of descent or succession; giving effect to informal
or Invalid wills or deeds or to any illegal disposition of property.

(3) Concerning any civil or criminal actions. Including
changing the venue in civil or criminal cases, or regulating the
practice or Jurisdiction of any court, or changing the rules of
evidence in any judicial proceeding or inquiry before courts, or
providing or changing methods for the collection of debts or the
enforcement of Judgments, or prescribing the effects of Judicial
sales.

(4) Authorizing the laying out, opening, closing, altering,
or maintaiiilng of roads, highways, streots, or alleys; relating

to ferries and brldpes, or incorporating bridge or ferry companies,
except for the erection of bridges crossing streams which form



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Online LibraryLouisiana. Constitutional Convention (1973)Records of the Louisiana Constitutional Convention of 1973 (Volume 4) → online text (page 45 of 65)