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29 taxable property situated within the alluvial portions of said

30 district subject to overflow.

31 (B) Should the necessity to raise additional funds arise
82 in any levee district for any of the purposes herein set

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D. P. No. 30

1 forth, or for any other purpose related to its authorized

2 powers and functions which may be specified by the leg-

3 islature, or the governing authority of a levee district which

4 has been merged and consolidated pursuant to Section 1

5 (B) hereof, as the case may be, the tax herein authorized

6 may be increased; provided, however, that before taking

7 effect, the necessity for the increase and the rate thereof

8 shall be submitted to the electors of such district at an

9 election called and held in the manner provided in Article

10 , Section 24 of this Constitution, and no increase in

11 taxes shall occur unless a majority of the electors in such

12 district who vote in the election hereinabove provided for

13 vote in favor thereof.

14 Section 3. Interstate Districts

15 Section 3. The legislature, with the concurrence of an

16 adjoining state, may create levee districts composed of

17 territory partly in each state, and may authorize the con-

18 struction and maintenance of levees wholly within another

19 state.

20 Section 4. Cooperation with State and Federal Government

21 Section 4. (A) Parish governing authorities having once

22 assumed the authority previously delegated to levee districts

23 shall be free to contract with agencies of the State of Louisi-

24 ana for the construction, maintenance, upkeep and super-

25 vision of all levees, hurricane and or tidal protection devices

26 including areas immediately contiguous thereto on terms and

27 conditions satisfactory to the parties and consistent with

28 law.

29 (B) All governing authorities of levee districts which

30 have been, or may be created, are authorized to cooperate

31 with the federal government in the construction and

32 maintenance of the levees in this state, on such terms and

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D. P. No. 30
1 conditions as may be provided by the federal authorities
8 and accepted by the levee districts.

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Constitutional Convention of Louisiana of 1973
CC-1206

DELEGATE PROPOSAL No. Si-
Introduced by Delegate Dennery :

A PROPOSAL
Providing for trust; forced heirship.

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

Article H, Section 14. Trusts; Forced Heirship; Abolition
Prohibited; Adopted Children

Section 14. The legislature may authorize the creation of
express trusts for any purpose, including but not limited to
private trusts, trusts for the benefit of employees, trusts for
educational, charitable, or religious purposes, and mixed
trusts for any combination of purposes. Substitutions not
in trust are and remain prohibited ; but trusts may contain
substitutions to the extent authorized by the legislature. No
law shall be passed abolishing forced heirship, but the
legitime may be placed in trust to the extent authorized by
the legislature. Children lawfully adopted shall become
forced heirs to the same extent as if born to the adopter and
shall retain their rights as heirs of their blood relatives, but
their blood relatives shall have their rights of inheritance
from these children terminated.



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Constitutional Convention of Louisiana of 1973

CC-n97

DELEGATE PROPOSAL No. 32—

By Delegate Drew :

A PROPOSAL
To provide with respect to the court of appeal circuits and
districts.

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

Article V, Section 9. Courts of Appeal; Circuits and Dis-
tricts

Section 9. Each circuit shall be divided into at least three
districts, with at least one judge elected from each. The
present circuits and districts and the number of judges as
elected in each circuit are retained, subject to change by
two-thirds vote of the elected members in each house of the
legislature.



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CC - IJ 'J /

1 Consllml li'Ti.il Ccnvcntlnn of l.uiilr.l.ma of 1973

2 ui;i.i;cATi; I'uni'or.AL KUimr.i; 32

3 Uy DflcD-Ttc Drew

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5 A PROPOSAL

6 To provide with respert to the court of arpenl circuits and

7 districts.

8 Be It adopted by the Constitutional Convention of Louisiaaa

9 of 1973:

ARTICLE V.

* * *
Section 9. Courts of Appeal; Circuits and Districts
Section 9. Each circuit shall be divided into at least
lA three districts, with at least one judge elected from each.

15 The present circuits and districts and the number of judges

16 as elected in each circuit are retained, subject to change

17 by two-thirds vote of the elected members in each house of

18 the legislature.
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Constitutional Convention of Louisiana of 1973

CC-1209

DELEGATE PROPOSAL No. 33—

Introduced by Delegate Dennis :

A PROPOSAL
Providing for the financing of the judicial system.

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

Article , Section. Financing of Judicial System

Section The entire judicial system shall be financed

at the state level. One-half of the financing shall come from
the general fund and the remaining one-half from all fines
.ind forfeitures hereby dedicated to financing the court sys-
tem. The legislature may share any excess revenues with
local governmental units as it deems appropriate. This pro-
vision shall not cause the reduction of the salary of any
public official.



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Constitutional Convention of Louisiana of 1973

CC-1208

DELEGATE PROPOSAL No. 34 —

Introduced by Delegate Dennis:

A PROPOSAL
Providing for the financing of the state judicial system.

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

Article , Section Financing of Judicial System

Section The total cost of the state judicial system shall

be paid by the state from the general fund. The legislature
may require reimbursement to the state by political sub-
divisions of appropriate portions of such cost. This pro-
vision shall not cause the reduction of the salary of any
public official.



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Constitutional Convention of Louisiana of 1973

CC-1098

DELEGATE PROPOSAL No. 35—

Introduced by Delegate Miller :

A PROPOSAL
Providing for supreme court districts.

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

Article V, Section Supreme Court ; Districts

Section The state shall be divided into seven supreme

court districts; said districts shall be determined by the
legislature. One judge shall be elected from each district.



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Constitutional Convention of Louisiana of 1978

CC-1097

DELEGATE PROPOSAL No. 36—

Introduced by Delegate Gravel :

A PROPOSAL
To provide with respect to retirement systems and plans for
public officials and employees and judges.

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

Article VII, Section 1. Retirement.

Section 1. The legislature shall provide for the retirement
of public officials and employees of the state and its politi-
cal subdivisions, through the establishment of one or more
retirement systems or plans. No law enacted under author-
ity of this provision shall diminish or impair the retirement
rights and benefits to which any member of such system or
plan, or any other person, is entitled; nor shall the retire-
ment rights or benefits to which any person is entitled on
the effective date of this constitution be diminished or im-
paired. Notwithstanding any other provision of this consti-
tution to the contrary, the retirement system and plan for
judges and their surviving spouses shall be as set forth in
Article VII, Section 8 of the Constitution of 1921, shall be
exclusive, and shall be continued in full force and effect.



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Constitutional Convention of Louisiana of 1973
CC-1215

1 DELEGATE PROPOSAL No. 37—

2 Introduced by Delegates Bel, Bergeron, Casey, Lennox,

3 Mauberret, Tapper, Vesich, Vick, Alexander, Landrum, J.

4 Jackson, Warren, Riecke :

5 A PROPOSAL

6 Relative to Orleans Parish courts and officials.

7 Be it adopted by the Constitutional Convention of Louisi-

8 ana of 1973 :

9 Article V, Section 35. Orleans Parish Courts, Officials

10 Section 35. Notwithstanding any provisions of this constitu-

11 tion to the contrary, the following courts in Orleans Parish,

12 and the judges and officers thereof, are continued: the civil
18 and criminal district courts, the city, municipal, traffic and

14 juvenile courts, the clerks of the civil and criminal district

15 courts, the civil and criminal sheriffs, the constables and the

16 clerks of the first and second city courts, the register of con-

17 veyances, and the recorder of mortgages. The terms of office

18 as existing at the time of the adoption of this constitution of

19 the hereinabove named officers and judges are retained, sub-

20 ject to change by a two-thirds vote of the elected members of

21 each house of the legislature. The powers and duties of the

22 hereinabove named officers, as provided by the legislature,

23 are continued and their retirement benefits and compensation

24 shall not be reduced during their terms of office.

25 The civil district court shall have civil jurisdiction as

26 provided in Section 16 of this Article and the criminal

27 district court shall have criminal jurisdiction as provided

28 in Section 16 of this Article.

29 The judicial expense fund of Orleans Parish as existing

30 at the time of the adoption of this constitution is retained

31 subject to change by two-thirds vote of the elected mem-
■ ■ - bers of each house of the legislature.

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Constitutional Convention of Louisiana of 1973
CC-1230

DELEGATE PROPOSAL No. SB-
Introduced by Delegate Casey:

A PROPOSAL
To provide for the prohibition of local and special laws
where general laws can be made applicable.
Be it adopted by the Constitutional Convention of Louisi-
ana of 1973:

Article III, Section 12. Local and Special Laws; Prohibi-
tion Against Enactment

Section 12. (A) The legislature shall pass no local or spe-
cial law when a general law is or can be made applicable.
(B) The legislature shall not indirectly enact special or
local laws by the partial repeal or suspension of a general



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Constitutional Convention of Louisiana of 1973
CC-1224

DELEGATE PROPOSAL No. 39—

Introduced by Delegate Casey:

A PROPOSAL
To provide for a date for taking office of members of the
legislature at the beginning of each term, or to fill the
remainder of an unexpired term.
Be it adopted by the Constitutional Convention of Louisi-
ana of 1973 :

Article IIL Section Taking Office

Section (A) Members of the legislature shall take

office on the same day as the governor and other officials
elected statewide.

(B) A person elected to fill the remainder of an unexpired
legislative term shall take office within thirty days after
the secretary of state promulgates the election returns.



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Constitutional Convention of Louisiana of 1973
CC-1210

1 DELEGATE PROPOSAL No. 40—

2 Introduced by Delegates Bel and Vesich :

3 A PROPOSAL

4 To provide with respect to the terms of district court judges.

5 Be it adopted by the Constitutional Convention of Louisi-

6 ana of 1973:

7 Article V. Section District Court Judges; Terms

8 Section The initial term of a district judge shall be

9 six j'ears. Each consecutive term for which he is reelected
10 .^hall be twelve years.

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Constitutional Convention of Louisiana of 1973

CC-1211

DELEGATE PROPOSAL No. 41 —

Introduced by Delegates Bel and Vesich :
A PROPOSAL

To provide with respect to the terms of appellate judges.
Be it adopted by the Constitutional Convention of Louisi-
ana of 1973 :

Article V, Section Appellate Judges ; Terms

Section The term of an appellate court judge shall be

twelve years.



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Constitutional Convention of Louisiana of 1973
CC-1100

DELEGATE PROPOSAL No. 42—

Introduced by Delegates Dennery and Stovall :
A PROPOSAL
Providing for the lieutenant governor as ombudsman.

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

Article IV, Section Powers and Duties of the Lieu-

tenant Governor

Section The lieutenant governor shall be the ombuds-
man for the people of the state. He shall receive and in-
vestigate complaints made against the state, its officials,
employees, agencies, boards, or commissions. The legisla-
ture shall prescribe procedures and remedies necessary to
effectuate this provision.



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Constitutional Convention of Louisiana of 1973
CC-1102

DELEGATE PROPOSAL No. 43—

Introduced by Delegates J. Jackson, A. Jackson, Warren,
Ray, Gravel, Stovall, Pugh, and Gauthier:

A PROPOSAL
Providing for Juvenile courts having exclusive original ju-
risdiction with the exception for offenses of murder,
aggravated kidnapping, armed robbery, or aggravated
rape.
Be it adopted by the Constitutional Convention of Louisi-
ana of 1973:

Article , Section Juvenile Courts; Jurisdiction

Section Juvenile courts including district courts and

parish and city courts when sitting as ex officio juvenile
courts, shall have exclusive original jurisdiction of all of-
fenses committed by persons under the age of seventeen,
except that the criminal district courts in the parish of
Orleans and the several district courts in the other parishes
of the state shall have exclusive original jurisdiction of
persons who at the time of the commission of the offense
are over the age of fifteen years and who have been indicted
by a grand jury for the offenses of murder, aggravated
kidnapping, armed robbery, or aggravated rape committed
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First Enrollment

1 ConstlCucional Convention of Louisiana of 19/3

2 DELEGATE PROPOSAL NUMBER A3

3 Introduced by Delegates J. Jackson, Gauthier, Gravel, A. Jackson,
t^ Pugh, Roy, Stovall, and Warren

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6 A PROPOSAL

7

8 Providing for special juvenile procedures.

9 Be it adopted by the Constitutional Convention of Louisiana of

10 1973:

11 Article , Section . Special Juvenile Procedures

12 Section . Except for a person fifteen years of age or

13 older who is alleged to have committed a capital offense or
1^ attempted aggravated rape, the determination of guilt or in-
ic nocence, the detention, and the custody of a person who Is
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birthday shall be exclusively pursuant to special juvenile
procedures which shall be provided by law. However, by law
enacted by a two-thirds vote of the elected members of each



20 house, the legislature may (1) lower the maximum ages of

21 persons to whom juvenile procedures would apply and (2)

22 establish a procedure by which the court of original juris-

23 diction may waive such special juvenile procedures In order
2A that adult procedures would apply In individual cases.

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Constitutional Convention of Louisiana of 1973

CC-1214

DELEGATE PROPOSAL No. 44 —

Introduced by Delegate Vick :

A PROPOSAL
Making provision for the powers, duties, and qualifications
for the state attorney general.

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

Article , Section Powers, Duties, and Qualifica-
tions of the Attorney General

Section (A) There shall be a department of justice,

headed by the attorney general who shall be the state's chief
legal officer. As may be necessary for the assertion or pro-
tection of the rights and interests of the state, the attorney
general shall have authority to :

(1) institute, and prosecute or intervene in any legal
actions or other proceedings, civil or criminal and make
such investigations as he may consider necessary, including
full participation in grand jury investigations ;

(2) exercise supervision over the several uiitrict attor-
neys throughout the state ; and

(3) for cause, supersede any attorney representing the
state in any civil or criminal proceeding.

He shall have such other powers and perform such other
duties as may be authorized by this constitution or provided
by statute.

(B) The attorney general shall have been admitted to
the practice of law in this state for at least the five years
immediately preceding his election.



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Constitutional Convention of Louisiana of 1973
CC-i253

1 DELEGATE PROPOSAL No. 45—

2 Introduced by Delegate Gauthier :

3 A PROPOSAL

J To provide a retirement system for judges.

g Be it adopted by the Constitutional Convention of Louisi-

g ana of 1973 :

•7 Article V, Section 23. Retirement of Judges

g Section 23. (A) A judge shall not remain in office beyond

Q his seventieth birthday, except as otherwise provided herein.

jQ (B) A judge or judicial administrator in office or retired

jj at the time of the adoption of this constitution, shall not

J2 have diminished any retirement benefits or judicial service

jg rights, including the right to remain in office, as judge, dur-

24 ing his present term, as provided under the previous con-

15 stitution or laws, nor shall the benefits to which his surviv-

15 ing spouse was entitled be reduced.

17 (C) A judge taking office after the adoption of this con-

18 stitution and a judge in office who so elects within ninety

19 days of the adoption of this constitution by notifying the

20 secretary of state, shall be vested and entitled to the follow-

21 ing retirement benefits :

22 (1) This subsection applies to a judge of a court autho-

23 rized by this constitution, except mayors and justices of the

24 peace.

25 (2) A judge with sixteen years of judicial service may re-

26 tire at any age; a judge of twelve years of judicial service

27 may retire with benefits commencing at the age of fifty-
2S five. On retirement, a judge shall receive annually as re-

29 tirement benefits three and one-half percent of his salary

30 times the number of years served, but not more than ninety

31 percent.

32 (3) A judge who is physically or mentally incapacitated to

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CC-1253
D. P. No. 45

perform his duties shall be retired. He shall receive as an-
nual retirement benefits two-thirds of his annual salary, or
three and one-half percent of his salary times the number of
years served, whichever is greater, not to exceed the maxi-
mum amount provided in paragraph (2) .

(4) Upon the death of a judge, in office or retired, the
surviving spouse, until remarriage, shall be entitled to one-
half of his annual salary as judge prior to death or retire-
ment. If the judge is not survived by a spouse, or if the
spouse dies, his unmarried children shall be entitled to the
benefits provided in this subsection until the age of eighteen.

(5) Benefits provided herein shall be paid from the same
sources as was his compensation as judge. The legislature
and the political subdivisions shall provide for the payment
of these benefits.

(6) To receive the benefits provided in this subsection,
the judge shall contribute a total of seven percent of his
salary to the paying authorities.



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Constitutional Convention of Louisiana of 1973

CC-1259

DELEGATE PROPOSAL No. 46—

Introduced by Delegate Tobias :

A PROPOSAL
Providing for the continuance of Orleans Parish courts and
officials.

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

Article , Section Orleans Parish Courts, Officials;

Continued

Section Except for provisions relating to terms of

office as provided elsewhere in this Article and notwith-
standing any other provision of this constitution to the con-
trary, the following courts and officers in Orleans Parish
are continued, subject to change by a vote of a majority of
the elected members of each house of the legislature: the
civil and criminal district courts, the city, municipal, traffic
and juvenile courts, the clerks of the civil and criminal dis-
trict courts, the civil and criminal sheriffs, the constables
and the clerks of the first and second city courts, the register
of conveyances, and the recorder of mortgages.



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Constitutional Convention of Louisiana of 1973

CC-1256

DELEGATE PROPOSAL No. 47—

Introduced by Delegates Drew and Singletary :
A PROPOSAL
Providing with respect to the expropriation of private prop-
erty for public purposes.

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

Article I, Section Expropriation of Private Property

for Public Purposes; Just Compensation

Section Except as otherwise provided in this consti-
tution, private property shall not be taken or damaged
except for public purposes and after just and adequate com-
pensation is paid.



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Constitutional Convention of Louisiana of 1973
CC-1254

DELEGATE PROPOSAL No. 48—

Introduced by Delegates Singletary and Drew :
A PROPOSAL
Making provisions for equal protection of the laws, pro-
hibiting discrimination, slavery and involuntary servi-
tude.
Be it adopted by the Constitutional Convention of Louisi-
ana of 1973:

Article I, Section Equal Protection; Discrimination;

Slavery and Involuntary Servitude

Section No person shall be denied equal protection of

the laws. No law shall discriminate against a person because
of race or religion. Slavery and involuntary servitude are
prohibited, except in the latter case as a punishment for
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Constitutional Convention of Louisiana of 1973
CC-1260

1 DELEGATE PROPOSAL No. 49—

2 Introduced by Delegate Brien :

8 A PROPOSAL

4 Providing with respect to consumer education and informa-

5 tion councils.

t Be it adopted by the Constitutional Convention of Louisi-

7 ana of 1973:

8 Article , Section 1. Consumer Education and Informa-

9 tion Councils

10 Section 1. The legislature shall create consumer educa-

11 tion and information councils, which shall provide consumer

12 representation for the interest of consumers throughout the



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