Louisiana. Constitutional Convention (1973).

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35 session of the legislature for the purpose of considering



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C. P. No. 3

, all measures vetoed by the governor, except that if such

2 day falls on a Sunday the session shall convene at noon on

3 the next succeeding Monday. No veto session shall exceed

4 five calendar days in length, and any veto session may be

5 adjourned sine die prior to the end of the fifth day upon

6 the vote of two-thirds of the elected members of each house.

7 No veto session shall be held if a simple majority of the

8 elected members of either or both houses indicate in writing

9 that a veto session is not necessary. Such written notice

10 must be received by the presiding officer of the respective

11 houses at least five days prior to the day on which the veto

12 session is to convene .

13 Section 21. Effective Date of Laws

14 Section 21. All laws shall be published in the official

15 journal of the state as provided by law and thereafter shall

16 take effect on the sixtieth day after final adjournment of

17 the session in which they were enacted. However, any bill

18 may specify an earlier or later effective date.

19 Section 22. Suspension of Laws

20 Section 22. No power of suspending laws of this state

21 shall be exercised except by the legislature and then only

22 by Che same voce and, except for gubernatorial veto and time

23 limitations for introduction, according to the same procedures and
2A formalities required for enactment of the law proposed to be

25 suspended. After the effective date of this constitution every

26 resolution suspending a law shall fix Che period of the

27 suspension, which shall not extend beyond the effective date

28 of the laws enacted at the next regular session of the legis-

29 laCure.

30 Section 23. Corporations; Perpetual or Indefinite

31 Duration; Dissolution; Perpetual Franchises or

32 Privileges

33 Section 23. Neither the state nor any political

34 subdivision shall grant a perpetual franchise or privilege

35 to any person or corporation; ho'/ever, the legislature may



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, authorize the organization of corporations for perpetual

2 or indefinite duration. Every corporation shall be subject

3 to dissolution or forfeiture of its charter or franchise,

4 as provided by general law.

5 Section 24. Impeachment

^ Section 24. (A) Any state or district official,

7 whether elected or appointed, shall be liable to Impeach-

g ment for commission or conviction of felonies, malfeasance,

9 or for gross misconduct during his term of office.

10 (B) All Impeachments shall be by the House of Repre-

11 sentatives, and shall be tried by the Senate, whose members

12 shall be upon oath or affinnation for that purpose, and a

13 vote of two-thirds of the senators elected shall be necessary

14 to convict. The Senate may sit for said purpose whether the

15 House be in session or not, and may adjourn as it thinks

16 proper. Conviction upon impeachment shall result in immediate

17 removal from office. Nothing herein shall prevent any other

18 action, prosecution, or punishment authorized by statute,

19 Section 25. Removal by Suit; Officers Subject

20 Section 25 . For the causes enumerated in Paragraph (A)

21 of Section 24 of this Article, the legislature shall by general

22 law provide for the removal by suit of any state, district,

23 parochial, ward, or municipal officer except the governor,

24 lieutenant governor, and judges of the courts of record,

25 Section 26. Recall

26 Section 26. The legislature shall provide by general law

27 for the recall by election of any state, district, parochial,

28 ward, or municipal officer except judges of the courts of record.

29 The sole issue at any recall election shall be whether such

30 officer shall be recalled.

31 Section 27. Taking Office

32 Section 27. (A) Members of the legislature shall take

33 office thirty days prior to the date for the convening of the

34 first session of each term for which members are elected

35 every four years.



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C. P. No. 3
, (B) A person elected to fill an unexpired legislative

2 term shall take office thirty days after the secretary of state

3 promulgates the election returns.

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Constitutional Convention of Louisiana of 1973
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1 COMMITTEE PROPOSAL No. 4—

2 Introducted by Delegate Stagg, Chairman, on behalf of
g the Committee on Executive Department :

4 A PROPOSAL

5 Providing for the executive branch of government, for the
Q filling of vacancies in certain public offices, and with
7 respect to dual office-holding, a code of ethics, and
g impeachment.

g Be it adopted by the Constitutional Convention of Louisiana

10 of 1973 :

11 ARTICLE IV. EXECUTIVE DEPARTMENT

12 Section 1. Composition

13 Section 1. (A) The executive branch shall consist of a

14 governor, lieutenant governor, secretary of state, attorney

15 general, treasurer, and all other executive offices, agencies,

16 and instrumentalities.

17 (B) All offices, agencies, and other instrumentalities of

18 the executive branch of state government and their respec-

19 tive functions, powers, and duties and responsibilities, except

20 for the offices of governor and lieutenant governor, shall

21 be allocated according to function, within not more than

22 twenty departments.

23 Section 2. Qualifications

24 Section 2. (A) To be eligible for any statewide elective

25 office a person must have attained the age of twenty-five

26 years by the date of his election and be a citizen of the

27 United States and of this state for at least five years

28 immediately preceding the date of his election. He shall

29 hold no other public office, except by virtue of his office,

30 during his tenure in office.

31 (B) The attorney genera! shall have been admitted to

32 the practice of law in this state for at least the five years

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C. P. No. 4

1 immediately preceding his election.

2 Section 3. Elections and Terms

3 Section 3. (A) The governor, lieutenant governor, secretary

4 of state, attorney general, and treasurer shall each be elected

5 statewide for a term of four years by the electors of the
g state, at the time and place of voting for members of the
7 legislature. A person who has served as governor for more
g than one and one-half terms in two consecutive terms
9 shall not be elected governor for the next succeeding term.

10 (B) The returns of the election of such officials shall

11 be transmitted to and be promulgated by the secretary of

12 state in a manner as may be provided by statute. The person

13 having the greatest number of votes for each office shall

14 be declared elected.

15 (C) If two or more persons have an equal, and the

16 highest number of votes for an office, they shall draw lots

17 to determine the result. The secretary of state shall arrange

18 for the drawing of lots within ten days after the election

19 results are promulgated, and the decision as to the winner

20 shall be final and conclusive. Election contests shall be

21 decided by the courts as may be provided by statute.

22 (D) The term of office of each elected official shall begin

23 at noon on the second Monday in March next following

24 the election.

25 (E) No official shall be elected statewide, except as pro-

26 vided by this constitution.

27 Section 4. Compensation

28 Section 4. (A) The compensation of each elected official

29 within the executive branch shall be fixed by the legislature

30 and shall not be increased or decreased for the term for

31 which the official is elected. No state official shall receive

32 a salary in excess of that paid to the governor.



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C. P. No. 4

2 (B) The lieutenant governor when acting as governor

2 shall receive the same salary as the governor, and an

3 appointed assistant when acting as an elected official shall
J receive the same salary as the elected official.

;, Section 5. Powers and Duties of Governor

g Section 5. (A) Executive Authority. The governor shall

7 be the chief executive officer of the state and shall faith-

g fully support the constitution and laws of the state.

9 (B) Legislative Reports and Recommendations. The gover-

10 nor shall at the beginning of each regular session of the

\l legislature, and may at other times, make reports and recora-

12 mendations and give information to the legislature concern-

13 ing the affairs of state, including its complete financial

14 condition.

15 (C) Reports and Information. All department heads shall
] ij provide the governor with reports and information in writing

17 or otherwise requested by him on any subject relating to

18 their respective departments excepting matters relating to

19 investigations of the governor's office.

20 (D) Operating Budget. The governor shall prepare the

21 state's annual operating budget, and shall transmit copies

22 thereof to the legislature at least two weeks prior to the

23 first day of each annual session. Upon adoption of the

24 operating budget by the legislature, it shall become the

25 official state budget and shall be executed and administered

26 by the governor. Total appropriations for the year shall

27 not exceed annual revenues as anticipated by the governor

28 in the operating budget.

29 (E) Capital Budget. The governor shall prepare annually
Su a five-year capital program and shall submit to each regular
21 session of the legislature a proposed capital budget as pro-
"'Z vided by statute implementing the first year of the program.

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C. P. No. 4

1 All capital projects approved by the legislature shall be

2 made a part of the capital budget, and the operating budget

3 for each year shall provide for amortization of the cost of

4 each such capital project.

5 (F) Pardon, Commutation, Reprieve, Remission. Except
g in cases of conviction upon impeachment, the governor may

7 reprieve, may grant commutation of sentence, and may par-

8 don those convicted of offenses against the state and may

9 remit fines and forfeitures imposed for such offenses. In

10 addition, the legislature may provide additional methods for

11 the foregoing and other post-conviction remedies.

12 (G) Signature on Bills; Veto. The date and time when

13 each bill passed by the legislature is delivered to the governor

14 shall be entered thereon. He shall then have thirty calendar

15 days within which to act on it. If he approved, he shall sign

16 it. If he disapproves, he shall veto it, giving his reason

17 therefor, and if the legislature is in session, he shall return

18 it to the house in which it originated within twenty-four

19 hours. If he fails to veto within the time otherwise pro-

20 vided by this constitution, it shall become law.

21 (H) Appropriation Bills. (1) The governor may veto any

22 line item in an appropriation bill. The items vetoed shall

23 be void unless the veto is overridden as prescribed for the

24 passage of any bill over a veto.

25 (2) The governor shall either veto line items, or use other

26 means provided in the bill, in order that total appropriations

27 for the year shall not exceed anticipated revenues for the

28 year.

29 (I) Appointments. (1) The governor shall appoint, subject

30 to confirmation by the Senate, the heads of all departments

31 in the executive branch whose election or appointment is

32 not provided for by this constitution and all members of

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C. P. No. 4

J boards and commissions in the executive branch whose

2 election or appointment is not otherwise provided for by

3 this constitution or by statute.

4 (2) Should the legislature be in session, the governor

5 shall submit for confirmation by the Senate the names of

6 those appointed within forty-eight hours after the appoint-

7 ment is made. Failure of the Senate to confirm an appoint-
g ment prior to the end of the session shall be equivalent to
9 rejection.

10 (3) Should the legislature not be in session, the governor

11 may make interim appointments which shall expire at the

12 end of the next session of the legislature, unless submitted

13 to and confirmed by the Senate during such session.

14 (4) A person not confirmed by the Senate shall not be

15 appointed to the same office during any recess of the legis-
18 lature.

If (J) Removal. The governor may remove from office those

18 whom he appoints, except those appointed for a term fixed

19 by this constitution or as may be fixed by statute.

20 (K) Commander-in-Chief. The governor shall be comman-

21 der-in-chief of the armed forces of the state, except when

22 they are called into service of the federal government. He

23 may call out the armed forces of the state to preserve law

24 and order, to suppress insurrection, to repel invasion, or

25 in other times of emergency.

26 (L) Extraordinary Session. (1) The governor may convene

27 the legislature into extraordinary session by issuance of a

28 proclamation to the legislature at lea.st five days prior to

29 the convening of the session. The proclamation shall .state

30 the specific subjects to be considered, the date and time

31 the legislature is to convene, and the number of days for
■ic which the legislature is convened. The subject matter of

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C. P. No. 4

1 the session may be amended, by proclamation to the legis-

2 lature, until forty-eight hours prior to the hour at which

3 the legislature convenes. The power to legislate, under the

4 penalty of nullity, shall be limited to the subjects specially

5 enumerated in the latest proclamation convening such ex-

6 traordinary session. The session shall be limited to the time

7 named therein, and shall not exceed thirty days.

8 (2) The governor may convene the legislature in estra-

9 ordinary session without prior notice or proclamation on
IQ occasions of public emergencies caused by epidemics, attacks

11 by the enemy, or public catastrophe.

12 Section 6. Powers and Duties of the Lieutenant Governor

13 Section 6. The lieutenant governor shall serve ex officio

14 as a member on every committee, board, and commission

15 on which the governor serves, exercise the powers delegated

16 to him by the governor, and have such other powers and

17 perform such other duties in the executive branch as may

18 be authorized by this constitution or provided by statute.

19 Section 7. Powers and Duties of the Secretary of State

20 Section 7. There shall be a department of state headed

21 by the secretary of state, who shall serve as the chief elec-

22 tions officer and administer the election laws; administer

23 the laws relative to voting machines or other voting devices

24 as now or may be hereafter provided by this constitution

25 or as may be provided by statute; administer the state

26 corporation and trademark laws; serve as keeper of the

27 Great Seal of the State of Louisiana and attest therewith

28 all official laws, documents, proclamations, and commissions;

29 administer and preserve the official archives and records of
80 the state; promulgate, publish, and retain the originals of

31 all laws enacted by the legislature; countersign all com-

32 missions and keep an official registry of same; administer

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1: oaths. He shall have such other powers and perform such

9 other duties as may be authorized by this constitution or

3 provided by statute.

4 Section 8. Powers and Duties of the Attorney General

5 Section 8. There shall be a department of justice, headed

6 by the attorney general who shall be the state's chief legal

7 officer. As may be necessary for the assertion or protection

8 of the rights and interests of the state, the attorney general

9 shall have authority to :

10 (1) institute, and prosecute or intervene in any legal

11 actions or other proceedings, civil or criminal;

12 (2) exercise supervision over the several district attorneys

13 throughout the state ; and

14 (3) for cause, supersede any attorney representing the

15 state in any civil or criminal proceeding.

16 He shall have such other powers and perform such other

17 duties as may be authorized by this constitution or pro-
13 vided by statute.

19 Section 9. Powers and Duties of the Treasurer

20 Section 9. There shall be a department of treasury headed

21 by the state treasurer who shall be responsible for the

22 custody, investment, and disbursement of the public funds

23 of the state. He shall report annually to the governor and

24 the legislature one month in advance of the regular session

25 on the financial condition of the state, and shall have such

26 other powers and perform such other duties as may be

27 authorized by this constitution or provided by statute.

28 Section 10. First Assistants

29 Section 10. Each statewide elected official, except the gover-

30 nor and lieutenant governor, shall each appoint a first as-

31 sistant, subject to confirmation by the Senate, and may

32 remove him at his pleasure. The official shall submit such

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C. P. No. 4

1 appointment to the Senate in the same manner in which

2 the governor submits appointments, and shall be subject
g to the same procedures and limitations in connection there-
4 with as are imposed upon the governor. The first assistant
g shall possess the same qualifications as those required for
g election to that office.

7 Section 11. Vacancy in Office of Governor

g Section 11. The order of succession in the office of gover-

9 nor in the event of vacancy shall be (1) the elected lieute-

10 nant governor, (2) the elected secretary of state, (3) the

11 elected attorney general, (4) the elected treasurer, (5) the

12 presiding officer of the Senate, (6) the speaker of the House

13 of Representatives, and then as may be provided by statute.

14 Successors shall serve the remaining term for which the

15 governor was elected.

Ig Section 12. Vacancy in Office of Lieutenant Governor

17 Section 12. Whenever there is a vacancy in the office of

18 the lieutenant governor, the governor shall nominate a lieu-

19 tenant governor, who shall take office upon confirmation by

20 a majority vote of the elected members of each house of

21 the legislature.

22 Section 13. Vacancies in Other Statewide Eelective Offices

23 Section 13. The order of succession in any other statewide

24 elective office, in the event of a vacancy in such office,

25 shall be the appointed first assistant in such office. Succes-

26 sors to such offices shall serve for the remainder of the

27 term for which the official was elected.

28 Section 14. Other Vacancies

29 Section 14. (A) Where no other provision therefor is

30 made by this constitution, by statute, by local government

31 charger, or by ordinance, the governor shall have the power

32 to fill any vacancy occurring in any elective office. If. at

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\ the time a vacancy occurs in such office, and the unex-

f pi red portion of the term of office is more than one year,

g the vacancy shall be filled at an election within six months,

4 as may be provided by statute. The appointment provided

5 for herein shall be effective only until a successor is duly
{ elected and qualified.

7 (B) Nothing in this Section shall be construed as chang-

8 ing the qualifications for the various offices involved, and

9 all appointments must be of persons who otherwise would

10 be eligible to hold offices to which appointed.

11 Section 15. Definition of Vacancy

12 Section 15. A vacancy as used in this constitution shall
18 occur in the event of death, resignation, removal by any

14 means, or the failure to take office for any reason.

15 Section 16. Declaration of Disability

14 Section 16. Whenever a statewide elective official trans-

17 mits to the presiding officer of the Senate and the speaker

18 of the House of Representatives a written declaration that

19 he is unable to discharge the powers and dutits of the office

20 and until he transmits to them a written declaration to the

21 contrary, the person succeeding to the office in the event of

22 a vacancy shall a.ssume the powers and duties of the office
28 as acting official.

24 Section 17. Determination of Inability

26 Section 17. (A) Whenever a majority of the statewide

26 elected officials determine that any other such official is

27 unable to discharge the powers and duties of his office, they

28 shall transmit to the presiding officer of each house of the

29 legislature and to such official, and shall file in the office
80 of the secretary of state, their written declaration that such

31 official is unable to exercise the powers and perform the

32 duties of his office. Thereafter the constitutional successor

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1 shall assume the office as acting official unless, within

2 forty-eight hours after such filing in the office of the secre-
g tary of state, such official files in said office and transmits
A to said presiding officers his written counter-declaration
c that he is able to exercise such powers and perform such
g duties.

Y (B) The legislature shall convene at noon on the third

g claendar day after the filing of any counter-declaration,
g which may be filed by such official at any time. Should
in two-thirds of the elected members of each house of the
J 2 legislature fail to adopt a resolution within seventy-two
1 2 hours declaring that probable justification for the determina-
J3 tion that inability exists, such officer shall continue or re-
24 sume in office.

l^ (C) Should two-thirds of the elected members of each

jg house so adopt a resolution declaring that probable justifi-
27 cation exists for the declaration of inability, the constitu-

18 tional successor shall assume the powers and duties of the

19 office and such resolution shall be transmitted forthwith to

20 the Supreme Court of Louisiana.

21 (D) By preference and priority over all other matters, the

22 supreme court shall determine the issue of inability after

23 due notice and hearing, by a majority vote of members

24 elected to said court under such rules as it may adopt.

25 (E) A judgment of the supreme court affirming inability

26 may be reconsidered by the court, after due notice and

27 hearing, either upon its own motion or upon the application

28 of such official. Upon proper showing and by majority vote

29 of its elected members, the court may, upon such recon-

30 sideration, determine that no inability then exists, where-

31 upon such officer shall immediately resume the powers and

32 duties of his office.

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C. P. No. 4

2 Section 18. Absences

2 Section 18. In the event of a temporary absence of the

3 governor from the state, the lieutenant governor shall act

4 as governor. In the event of a temporary absence of a state-

5 wide elected official from the state, the appointed first as-
(J sistant shall act in his absence.

7 Section 19. Dual Office-Holding; Prohibition

g Section 19. (A) No person holding, under the government

y of this state or any of its political subdivisions, any office

JQ or employment of trust or any office or employment which

11 entitles him to any per diem, salary or other emolument of

12 office shall at the same time hold any other such office
Ig or employment with the United States, any foreign power,

14 or any other state; nor shall any such person hold more

15 than one such office or employment with this state or any
Ig of its political subdivisions.

17 (B) For purposes of this Section, the following shall not

18 be considered to be offices or employment described in

19 Paragraph (A) of this Section : (1) ex officio positions; (2)

20 notaries public; (3) those serving on boards, commissions,

21 and other instrumentalities performing only advisory func-

22 tions; (4) delegates to, as well as officials and employees

23 of. any constitutional convention; (5) members in the re-

24 serve of the armed forces and the national guard; and (6)

25 election commissioners.

26 Section 20. Code of Ethics ; Board of Ethics

27 Section 20. (A) The legislature shall enact a code of

28 ethics prohibiting conflict between public duty and private



Online LibraryLouisiana. Constitutional Convention (1973)Records of the Louisiana Constitutional Convention of 1973 (Volume 4) → online text (page 5 of 65)