Louisiana. Constitutional Convention (1973).

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18 state in hearings before any board, commission, depart-

14 ment, or agency of the state or any political subdivision

15 thereof and which shall exercise such other powers and
18 duties as are fixed by law,

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Reprinted as Engrossed

Constitutional Convention of Louisiana of 1973

CC-1260

DELEGATE PROPOSAL No. 49—

Introduced by Delegate Brien :

A PROPOSAL
Providing with respect to consumer education and informa-
tion councils.

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

Article , Section 1. Consumer Education and Informa-
tion Councils

Section 1. The legislature shall create consumer educa-
tion and information councils, which may provide consumer
representation for the interest of consumers throughout the
state in hearings before any board, commission, depart-
ment, or agency of the state or any political subdivision
thereof and which shall exercise such other powers and
duties as are fixed by law.



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[335]



Constitutional Convention of Louisiana of 1973
CC-1257

1 DELEGATE PROPOSAL No. 50—

2 Introduced by Delegate Thlstlethwaite :
S A PROPOSAL

4 To provide a preamble and a declaration of rier^ita to the

5 constitution.

Be it adopted by the Constitutional Convention of Louisi-

7 ana of 1973 :

8 PREAMBLE

9 We, the people of Louisiana, grateful to Almighty God for
10 divine guidance and mindful of oar unique heritage, do ro-
ll affirm our adherence to the Constitution of the United States
It of America and, desiring to declare and ensure the rights of
1§ the individual and provide a plan of government for the

14 good order of the state, do ordain and establish this consti-

15 tution.

16 ARTICLE L DECLARATION OF RIGHTS

17 Section 1. Inherent Rights

18 Section 1. Every person has a natural right to life, liberty,

19 the pursuit of happiness, and the enjoyment of the rewards

20 of his own industry. Each person is entitled to equal rights
Zl and opportunities under the law, and has corresponding
22 obligations to the people and to the state. Government
28 originates with the people, is founded upon their will, and is
2A instituted to protect the rights of the individual and to

25 enhance the good of the people as a whole.

26 Section 2. Due Process and Equal Protection

27 Section 2. No person shall be deprived of life, liberty,

28 property, or other rights without due process of law, nor be

29 denied the equal protection of the laws. No law shall dis-



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criminate against a person in the exercise of his rights.



31 Private property shall not be taken or damaged nor shall
^2 vested rights be divested, except for a public purpose and

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CC-12B7
D. P. No. 50

1 after just and adequate compensation.

2 Section 3. Freedom of Religion, Speech, Assembly and
g Petition

4 Section 3. No law shall be enacted concerning an estab-

5 lishment of religion, or prohibiting the free exercise thereof,
g or abridging the freedom of speech or of the communica-
Y tions media, or the right of the people to assemble peaceably
g and to petition the government for a redress of grievances.
9 Section 4. Right to Privacy

IQ Section 4. The right of the people to be secure in their

11 persons, communications, houses, papers, and effects against

J2 unreasonable searches and seizures shall not be violated;

13 and no warrant shall issue without probable cause, supported

14 by oath or affirmation, and particularly describing the place
J5 to be searched and the persons or things to be seized.

16 Section 5. Rights in Criminal Procedure

17 Section 5. (A) A detained person shall be advised of his

18 legal rights and the reason for his detention. If prosecuted,

19 he shall be informed of the nature and cause of the accusa-

20 tion against him and shall have the right to the assistance

21 of counsel of his choice, or appointed by the court in indigent

22 cases if charged with a serious offense.

23 (B) No person shall be held to answer for a capital crime

24 or a crime punishable by life imprisonment except on in-

25 dictment by a grand jury, and no one shall be twice put in

26 jeopardy for the same offense even if tried by a court of

27 another .sovereignty, except on his own application for a

28 new trial or where there is a mistrial or a motion is .sus-

29 tained in arrest of judgment.

30 (C) In all criminal prosecutions the accused has the right

31 to a speedy, public trial. In prosecutions for an offense

32 punishable by imprisonment of more than six months, the

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CC-1257

D. P. No. 50

J accused has the right to a trial by an impartial jury unless

I waived. All trials shall take place in the jurisdiction in

t which the offense was committed, unless the venue be

4 changed. No person shall be compelled to give evidence

5 against himself. An accused is entitled to confront and cross-
^ examine witnesses against him, compel the attendance of
7 witnesses, present a defense, and take the stand in his
g own behalf.

9 (D) Excessive bail shall not be required, nor excessive

2Q fines imposed, nor cruel or unusual punishment inflicted.

2J Every person shall be bailable by sufficient sureties, except

12 for 'i person charged with a capital offense or an offense

13 punishable by life imprisonment where the proof is evident

14 and the presumption great.

15 Section 6. Rights of Redress

16 Section 6. All courts shall be open and every person shall

17 have an adequate remedy for injury done to him in violation

18 of his rights. The privilege of the writ of habeas corpus shall

19 never be suspended except in the event of rebellion or in-

20 vasion when the public safety may require it.

21 Section 7. Right to Bear Arms

22 Section 7. The right of a person to keep and bear arras

23 shall not be abridged, but nothing herein shall be held to

24 permit the carrying of concealed weapons.

25 Section 8. Prohibited Laws

26 Section 8. No ex post facto law or law impairing the

27 obligations of contracts shall be enacted.

28 Section 9. Unenumerated Rights

29 Section 9. This listing of rights shall not be construed to

30 deny or impair other rights of the people not herein ex-
81 pressed.



Constitutional Convention of Louisiana of 1973
CC-1233

1 DELEGATE PROPOSAL No. 51 —

2 Introduced by Delegate Asseff:

8 A PROPOSAL

4 Providing for appointment of officials ; merger, and consolida-

5 tion.

6 Be it adopted by the Constitutional Convention of Louisiana

7 of 1973:

8 Article IV, Section 23. Appointment of Officials; Merger,

9 Consolidation of Offices and Departments

10 Section 23. (A) After the first election of state officials

11 following adoption of this constitution, the legislature may,

12 by a vote of two-thirds of the elected members of each house,

13 provide for appointment, in lieu of election, of the state

14 superintendent of education, the commissioner of insurance,
IB the commissioner of agriculture, the state commissioner of

16 elections, or any of them. In such event the legislature shall

17 prescribe qualifications and method of appointment and may

18 provide for the merger or consolidation of any such offices

19 and their departments and functions with any other office

20 or department in the executive branch. No action of the

21 legislature pursuant hereto shall reduce the term or compen-

22 sation of any incumbent elected official. By a vote of two-
2" thirds of the elected members of each house, the legislature

24 rnay reestablish any of such offices as an elective office and

25 in such event shall prescribe qualifications.

26 (B) Any statute enacted under authority of Paragraph (A)
^ ' shall become effective only after submission to and approval
^" by a majority of the electors voting thereon at a general elec-



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tion for representatives either in congress or in the state
legislature.



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[337]



Constitutional Convention of Louisiana at 1973
CC-1232

1 DELEGATE PROPOSAL No. 52—

2 Introduced by Delegate Assef f :

3 A PROPOSAL

4 Providing for appointment of officials ; merger, and consolida-

5 tion.

6 Be it adopted by the Constitutional Convention of Louisiana

7 of 1973:

g Article IV, Section 23. Appointment of Officials; Merger,

9 and Consolidation of Offices and Departments

10 Section 23. (A) After the first election of state officials

11 following adoption of this constitution, the legislature may

12 provide for appointment, in lieu of election, of the state
18 superintendent of education, the commissioner of insurance,

14 the commissioner of agriculture, the state commissioner of

15 elections, or any of them. In such event the legislature shall

16 prescribe qualifications and method of appointment, and may

17 provide for the merger or consolidation of any of such offices

18 and their departments and functions, with any other office

19 or department in the executive branch. No action of the legis-

20 lature pursuant hereto shall reduce the term or compensation

21 of any incumbent elected official. The legislature may reestab-

22 lish any of these offices as an elective office and, in such

23 event, shall prescribe qualifications.

24 (B) Any action taken pursuant to Paragraph (A) of this

25 Section shall be taken only at a regular session immediately

26 preceding a general election of members of the legislature

27 and shall require approval of two-thirds of the elected mem-

28 bers of each house. If so approved, the measure shall agai

29 be acted upon at the first regular session held after the
80 general election, and if it then is adopted by a vote of two-

31 thirds of the elected members of each house it shall become

32 effective.

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Constitutional Convention of Louisiana of 1973
CC-1255

1 DELEGATE PROPOSAL No. 53—

2 Introduced by Delegate Leithman:

3 A PROPOSAL

4 Making provisions for education and necessary provisions

5 with respect thereto.

6 Be it adopted by the Constitutional Convention of Louisiana

7 of 1973 :

8 ARTICLE IX. EDUCATION

9 Section 1. Educational Goals

10 Section 1. The goal of the public educational system shall

11 be to provide learning environments and experiences that are

12 designed to promote excellence so that every individual may

13 be afforded the opportunity to develop to his full potential.

14 Section 2. Public Educational System

15 Section 2. The legislature shall provide for the education

16 of the people of the state and shall establish and maintain a

17 public educational system consisting of all public schools and

18 institutions of learning supported in whole or in part by state

19 funds, the funds of any political subdivision thereof, or both.

20 Section 3. State Superintendent of Education

21 Section 3. The Board of Public Education shall appoint a

22 superintendent of education who shall be the ex officio secre-

23 tary of the board and serve as its chief administrative officer.

24 The Board shall prescribe his term of office and his powers,

25 duties, and responsibilities.

26 Section 4. State Board of Education

27 Section 4. (A) There is created a body corporate, known

28 as the State Board of Education, which shall be composed of

29 the Board of Public Education and the Board of Regents. The

30 State Board of Education shall be responsible tor long-range

31 planning, coordination and evaluation of policies and pro-

32 grams, and submission of unified budget requests for the state

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CC-1255

D. P. No. 53

■; public educational system. It shall have such other powers,

o duties, and responsibilities as are provided in this Article

3 arid by law.

4 (B) The board shall consist of twenty-two members, eleven

5 members each from the Board of Public Education and the
g Board of Regents. The board shall elect a chairman to serve

7 for such term as it may deem, appropriate.

8 Section 5. Board of Public Education

9 Section 5 (A) There is created a body corporate, known
iQ aa the Board of Public Education. The board shall supervise,
2 J control, and have budgetary responsibility for all precoUegiate

12 public education. The board shall have such other specific

13 powers, duties, and responsibilities as are provided by law,

14 but shall have no control over the business affairs of parish

15 and municipal school boards or the selection or removal of

16 their officers and employees.

17 (B) The board .shall consist of eleven members. One mem-
Ig ber shall be elected from each of the congressional districts

19 into which the state is divided and an additional number of

20 members shall be appointed by the governor, with the consent

21 of the Senate, from the state at large. All members shall serve

22 overlapping terms of six years, following the initial terms

23 which shall be determined by the legislature in a manner as to

24 effectuate this purpose. The board shall elect a chairman to

25 serve for such terms as it may deem appropriate.

26 Section 6. State Department of Education

27 Section 6. The State Department of Education shall be the

28 administrative and research staff of the Board of Public

29 Education.

30 Section 7. Qualification and Certification of Teachers

31 Section 7. The Board of Public Education shall prescribe

32 and provide for the qualifications to be met by teachers and

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CC-1255

D. P. No. 53

1 for the certification of teachers of precoUegiate public schools.

2 Section 8. Approval of Private Schools; Effect

3 Section 8. The Board of Public Education shall approve pri-

4 vate elementary, secondary and proprietary schools whose

5 sustained curriculum is of a quality equal to that prescribed

6 for similar public schools. The certificates issued by private

7 schools so approved shall carry the same privileges as those

8 issued by state public schools.

9 Section 9. Parish School Boards; Parish Superintendents

10 Section 9. The legislature shall provide for the creation

11 of parish school boards and shall provide for the election

12 of the members of such boards. Each parish board shall elect

13 a superintendent of parish schools, whose term of office shall

14 be six years. The Board of Public Education shall fix the

15 qualifications and prescribe the duties of the parish superin-

16 tendent, who need not be a resident of the parish where he

17 serves.

18 Section 10. Recognition of Existing Boards

19 Section 10. Parish and municipal school boards in existence

20 as of the date of this constitution are recognized.

21 Section 11. Board of Regents

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

23 as the Board of Regents. The board shall have full power and

24 authority to supervise, coordinate, and have budgetary re-

25 sponsibility for all public higher education except that the

26 board may provide for governing boards to manage each col-

27 lege and university.

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

29 ber shall be elected from each of the congressional districts

30 into which the state is divided and an additional number of

31 members shall be appointed by the governor, with the consent

32 of the Senate, from the state at large. All members shall serve

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[339]



CC-1255

D. P. No. 53

1 overlapping terms of six years, following the initial terms

2 which shall be determined by the legislature in a manner as

3 to effectuate this purpose. The board shall elect a chairman

4 to serve for such terms as it may deem appropriate.

5 Section 12. Chancellor ; Higher Education

6 Section 12. The Board of Regents shall appoint a chancellor

7 of higher education who shall be the ex officio secretary of

8 the board and serve as its chief administrative officer for

9 four years. The board shall prescribe his powers, duties, and

10 responsibilities.

11 Section 13. Higher Education ; Master Plan

12 Section 13. The Board of Regents shall formulate and make

13 timely revision of a master plan for all public higher educa-

14 tion. As a minimum, the plan shall include a formula for the

15 equitable distribution of funds to the institutions of higher

16 education of the state.

17 Section 14. Board; Staff

18 Section 14. The legislature shall establish and maintain an

19 administrative and research staff for the Board of Regents.

20 Section 15. Public Educational Finance

21 Section 15. The legislature shall have the primary responsi-

22 bility for financing the public educational system. Funds for

23 the support of the system shall be derived from the sources

24 and in the manner prescribed by law.

25 Section 16. Boards of Education ; General

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

27 Education and the Board of Regents shall include members of

28 the predominant minority race in a number equal to the pro-

29 portionate number of members of that race i n the total popula-
SO tion of the state.

31 (B) Vacancies occurring for any cause prior to the expira-

32 tion of the term shall be filled by appointment by the governor

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CC-1255

D. P. No. 53
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 legisla-
ture.



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[340]



Constitutional Convention of Louisiana of 1973
CC-1258

1 DELEGATE PROPOSAL No. 54—

2 Introduced by Delegates Juneau, Leithman and Come:

3 A PROPOSAL

A Making provisions for education and necessary provisions

5 with respect thereto.

g Be it adopted by the Constitutional Convention of Louisi-

7 ana of 1 978:

8 ARTICLE IX. EDUCATION
g Section 1. Educational Goals

jQ Section 1. The goal of the public educational system shall

1 2 be to provide learning environments and experiences designed

j2 to promote excellence so thsrt every individual may be afforded

23 the opportunity to develop to his full potential.

14 Section 2. Public Educational System

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

17 Section 3. Educational Boards

18 Section S. The hegislatui'e shall establish such board or
U boards as rtiay be necessary to meet the educational needs

20 of the state. The duties and responsfblHtles Of such board or

21 boards shall be pi'ovfded by la*.

22 Section 4. PuWiV: Educational finance

2S Section 4. The leglsl'atiire sftall provide for financing the

2i system of public education and shall provide for equitable

25 distribution of funds to all com'pOBents of the public educa-

2© tlonal system.

27 Section 3. Stalfe Superintertdbnt of Education

28 Section 5. The powers, duties, responsibilities, and shlary

29 of the state superintendent of education shall be prescribed
aOi bylaw.

31 Section 6. Approval of Private Schools; Effect

32 Section 6. The legislature shall providfe for approval by the

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CC-1258

D. P. No. 54

1 appropriate board created under authority of Section ^ herein

2 of private schools whose sustained curriculum is of a quality
o equal to that prescribed for similar public schools. The cer-
A tif icates issued by private schools so approved shall carry the
5 same privileges as those issued by the state public schools.

g Section 7. Parish School Boards ; Parish Superintendents

7 Section 7. (A) Parish School Boards. The legislature shall

8 create parish school boards and shall provide for the election

9 of the members of such boards.

10 (B) Parish Superintendents. Each parish board shall elect

11 a superintendent of parish schools. The appropriate board

12 as created by Section 3 herein shall fix the qualifications and

13 prescribe the duties of the parish superintendent, who need

14 not be a resident of the parish in which he serves.

15 Section 8. Recognition of Existing Boards and Systems;

16 Consolidation

17 Section 8. (A) Recognition of Boards and Systems. Parish

18 and city school board systems, in existence on the effective

19 date of this constitution, by virtue of special or local legis-

20 lative acts or previous constitutional provisions, are hereby

21 recognized, subject to control by and supervision of the appro-

22 priate state board for elementary and secondary education

23 and the power of the legislature to enact laws affecting them.

24 (B) Consolidation. Two or more school systems may be

25 consolidated under procedures enacted by the legislature,

26 subject to approval of a majority of the qualified electors

27 voting in each system affected in an election called for that

28 purpose.

29 Section 9. Appropriations

30 Section 9. Appropriations for the institutions of the public

31 educational system shall be made to and administered by the

32 appropriate board, agency, or authority and shall be used

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CC-1258

D. P. No. 54
solely for the operations of the institutions for which desig-
nated in the appropriations.

Section 10. Tulane University

Section 10. The Tulane University of Louisiana, located in
New Orleans, is hereby recognized as created and to be de-
veloped in accordance with provisions of the Legislative Act
No. 43 approved July 5, 1884.



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Reprinted as Engrossed

Constitutional Convention of Louisiana of 1973
CC-1258

DELEGATE PROPOSAL No. 54—

Introduced by Delegates Juneau, lyeithman and Come :
A PROPOSAL
Making provisions for education and necessary provisions with
respect thereto.

Be it adopted by the Constitutional Convention of Louisiana
of 1973:

ARTICLE IX. EDUCATION

Section 1. Educational Goals

Section 1. The goals of the educational system of Louisiana
shall be to provide learning environments and experiences
designed to promote excellence so that all the children of the
state may be afforded the opportunity to develop to their full
potential.

Section 2. Public Educational System

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

Section 3. Educational Boards

Section 3. The legislature shall establish such board or
boards as may be necessary to meet the educational needs of
the state. The duties and responsibilities of such board or
boards shall be provided by law.

Section 4. Public Educational Finance

Section 4. 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.

Section 4.1. Funding; Elementary and Secondary Educa-
tion ; Apportionment

Section 4.1. (A) State funds. State funds for the education
of the school children of this state in the elementary and
secondary schools shall be derived from sources determined

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Reprinted

CC-1258

D. P. No. 54

1 by the legislature and shall be apportioned to the parish and

2 city school boards in the manner hereinafter set forth.

g (1) Minimum program. The legislature shall appropriate

4 sufficient funds to insure a minimum program of education

g in all public elementary and secondary schools. The minimum

program of education to be maintained in all parish and city

7 school systems shall be established by the educational board

g or authority having supervision over public elementary and

9 secondary education. The board shall adopt formulas and pro-

10 cedures for the distribution of these funds to the several

11 school boards.

12 (2) Other funds. Any other funds provided by the legisla-
If ture for the support of public schools shall be apportioned and

14 distributed in accordance with a formula established by the

15 educational board or authority having supervision over public

16 elementary and secondary education, except as otherwise spe-

17 cifically provided for by the law appropriating the funds.

18 Any funds for public education from any other source shall

19 be distributed in the manner determined by the board or au-



Online LibraryLouisiana. Constitutional Convention (1973)Records of the Louisiana Constitutional Convention of 1973 (Volume 4) → online text (page 49 of 65)