Louisiana. Constitutional Convention (1973).

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

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20 thority having supervision over public elementary and sec-

21 ondary education, subject, however, to the terms of the laws

22 governing such funds or the lawful stipulations of the source
28 of the funds.

24 (B) Local funds. Local funds for the support of public ele-

25 mentary and secondary schools shall be derived from the

26 following sources :

27 (1) Each parish and city school board, the parish of Or-

28 leans excepted, shall levy annually an ad valorem maintenance

29 tax of five mills, or as much thereof as is necessary, on all

80 property subject to such taxation within the parish or city in

81 the manner prescribed by law.

32 The Orleans Parish School Board shall levy annually a tax

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CC-1258

D. P. No. 54

1 not to exceed thirteen mills on the dollar on the assessed val-

2 uation of all property within the city of New Orleans assessed

3 for city taxation and shall certify the fact to the governing

4 authority of the city. The governing authority shall cause

5 said tax to be entered on the tax rolls of the city and collected
g in the manner and under the conditions and with the interest

7 and penalties prescribed by law for city taxes. The money thus

8 collected shall be paid daily to the Orleans Parish School

9 Board.

10 (2) For giving additional support to the public elementary

11 and secondary schools, any parish, school district, or sub-

12 school district, or any municipality which supports a separate

13 city system of public schools may levy ad valorem taxes for

14 specific purposes, when authorized by a majority of the elec-

15 tors voting in the parish, municipality, district, or subdistrict,
Ig in an election called for the purpose. The amount, duration,
17 and purpose of such taxes shall be in accord with any limita-
Ig tions imposed by this constitution or by the legislature. No

19 such tax shall be levied for a period longer than ten years,

20 except that any tax levied to pay the costs of bonds or other

21 debts incurred shall be levied and collected until the principal

22 a"d interest on the bonds or other debts have been paid.

23 (3) The legislature may provide for additional sources of

24 local support for elementary and secondary schools.

25 (C) Monroe, Bogalusa; treatment as parishes. For the
2g effects and purposes of the provisions of this entire Section,

27 the municipalities of Monroe, in Ouachita Parish, and Boga-

28 lusa, in Washington Parish, and no other, shall be regarded as,

29 and treated upon the same basis and shall have the same

30 authority as though they were separate parishes instead of

31 municipalities.

?,2 (D) Ouachita Parish. The school board of Ouachita Parish

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D. P. No. 54

1 shall not be required to pay to the city of Monroe out of the

£ public funds any per capita for children residing without the

8 limits of said city and who may attend the schools maintained

4 by the city of Monroe under its legislative charter.

8 Section 4.2. Free School Books and Materials of Instruction

i Section 4.2. The legislature shall appropriate funds to supply

7 free school books, and other materials of instruction as pre-

8 scribed by the appropriate state educational board or other
authority, to all school children in elementary and secondary

10 schools.

U Section 5. State Superintendent of Education

If Section 5. The powers, duties, responsibilities, and salary

18 of the state superintendent of education shall be prescribed

14 by law.

15 Section 6. Approval of Private Schools; Effect

18 Section 6. The legislature shall provide for approval by the

17 appropriate board created under authority of Section 3 herein

18 of private elementary, secondary, and proprietary schools

19 whose sustained curriculum or specialized course of study is

20 of a quality equal to that prescribed for similar public schools.

21 The certificates issued by private schools so approved shall

22 carry the same privileges as those issued by the state public

23 schools.

24 Section 7. Parish School Boards; Parish Superintendents

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

26 create parish school boards and shall provide for the election

27 of the members of such boards.

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

29 a superintendent of parish schools. The appropriate board as

80 created by Section 3 herein shall fix the qualifications and

81 prescribe the duties of the parish superintendent, who need

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

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D. P. No. 54

1 Section 8. Recognition of Existing Boards and Systems;

2 Consolidation

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

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

5 date of this constitution, by virtue of special or local legis-
g lative acts or previous constitutional provisions, are hereby

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

8 priate state board for elementary and secondary education

9 and the power of the legislature to enact laws affecting them.
IQ (B) Consolidation. Two or more school systems may be con-

11 solidated under procedures enacted by the legislature, subject

12 to approval of a majority of the qualified electors voting in
18 each system affected in an election called for that purpose.

14 Section 9. Appropriations

15 Section 9. Appropriations by the legislature for educational
10 purposes shall be made to and administered by the appropriate

17 board, agency, or authority and shall be used solely for the

18 operations of the institutions for which designated in the

19 appropriations.
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Constitutional Convention of Louisiana of 1973
CC-1261

1 DELEGATE PROPOSAL No. 55—

2 Introduced by Delegate Fontenot:

3 A PROPOSAL

4 Making provisions for exemptions from taxation.

5 Be it adopted by the Constitutional Convention of Louisi-

6 ana of 1973:

7 Article XI, Section Exemptions

g Section The following property, and no other, shall be

9 exempt from taxation: (A) Homesteads. From state, parish,

10 and special taxes, the homestead, bona fide, consisting of a

W tract of land, or two or more tracts of land with a residence

12 on one tract and a field, pasture, or garden on the other tract

18 or tracts, not exceeding one hundred and sixty acres, build-

14 ings and appurtenances, whether rural or urban, owned and

15 occupied by every head of a family, or person having a mother
15 or father, or a person or persons dependent on him or her

17 for support, in the full amount of three thousand dollars of

18 the assessed valuation; provided that this exemption shall

19 not extend to any municipal or city taxes, save and except in

20 Orleans Parish, and shall in Orleans Parish apply to the state,

21 the general city, the school, the levee, and levee board taxes.

22 The exemption of homesteads shall extend to the surviving

23 spouse, or minor child or children, of a deceased owner and

24 to the bona fide homestead when occupied as such and title

25 thereto is in either husband or wife, provided that the ex-

26 emption shall not be extended to more than one homestead

27 owned by the husband or wife. An additional two thousand

28 dollar homestead exemption shall be provided for veterans.

29 An additional two thousand dollar homestead exemption for

80 all other than veterans upon reaching age sixty-five shall be

81 provided. Applications shall be made yearly and the term
32 veteran and any other explanation of this matter shall be as

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CC-1261

D. P. No. 55

1 defined by the legislature.

2 (B) All public property.

3 (C) Places of religious worship; property owned by re-

4 ligious denominations and used as residences for ministers;
.■= places of burial, and property held by any religious denomi-
g nation or nonprofit corporation or organization for burial

7 purposes, but the exemption shall not apply to unsold lots,

8 crypts, or places for burial, nor shall it apply to lands held for

9 development as places for burial, when so held for profit;

10 places devoted to charitable undertakings, including that of

11 such organizations as lodges and clubs organized for char-

12 itable and fraternal purposes and practicing the same ; schools

13 and colleges; nonprofit hospitals; but the exemption shall

14 extend only to property, and grounds thereunto appurtenant,

15 used for the above mentioned purposes, and not leased for
Ig profit or income.

17 (D) Cash on hand or deposit; obligations secured by mort-

18 gage on property located in Louisiana and the notes or other

19 evidence thereof; loans by life insurance companies to policy

20 holders, if secured solely by their policies; the legal reserve

21 of domestic life insurance companies; loans by homestead

22 or building and loan associations to their members, if se-

23 cured solely by stock of said associations ; debts due for mer-

24 chandise or other articles of commerce or for services ren-

25 dered; obligations of the state or its political subdivisions;

26 all personal property used in the home or on loan in a public

27 place; agricultural products while owned by the producer,

28 agricultural machinery and other implements, used exclu-

29 sively for agricultural purposes, and all animals on the farm,

30 and property belonging to agricultural fair associations; all

31 property used for cultural or civic activities and not oper-

32 ated for profit to the owners ; all ocean-going vessels engaged

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1 in international trade and domiciled in Louisiana ports, but

2 this exemption shall not apply to harbor, wharf, shed, and

8 other port dues, and no vessel operated in the coastal trade of

4 the continental United States shall be within the exemption

5 herein granted; boats using gasoline as motor fuel; commer-
cial vessels used for gathering seafood; and rights-of-way
Y granted to the State Department of Highways.

s (E) From state, parish, and special taxes, all motor vehicles

9 used on the public highways of this state, provided that this
JQ exemption shall not extend to any general or special tax levied
2j by the governing authority of any municipality, or district
J2 created by any such municipality, unless the governing au-
18 thority thereof shall provide for such exemption by ordinance
14 or resolution.

16 (F) (1) All raw materials, goods, commodities, and articles
18 imported into this state from outside of the continental

17 United States:

18 (a) So long as such imports remain upon the public prop-

19 erty of the port authority or docks of any common carrier

20 where such imports first entered this state, or

21 (b) So long as any such imports (other than minerals and

22 ores of the same kind as any mined or produced in this state

23 and manufactured articles) are held in this state in the orig-

24 inal form in bales, sacks, barrels, boxes, cartons, containers,

25 or other original packages, and raw materials held in bulk

26 as all or a part of the new material inventory of manufac-

27 turers or processors, solely for manufacturing or processing ;

28 or

29 (c) So long as any such imports are held by an, importer in
80 any public or private storage in the original form in bales,
31 sacks, barrels, boxes, cartons, containers, or other original
82 packages and agricultural products in bulk. This shall not

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apply to a retail merchant holding such imports as part of his

stock-in-trade for sale at retail.

All such property whether entitled to exemption or not shall
be reported to the proper taxing authority on the forms re-
quired by law.

(2) All raw materials, goods, commodities, and other
articles being held upon the public property of a port author-
ity or docks of any common carrier or in a warehouse, grain
elevator, dock, wharf, or public storage facility in this state
for export to a point outside the continental United States.

All such property entitled to exemption shall be reported
to the proper taxing authority on the forms required by law.

(3) All goods, commodities, and personal property in public
or private storage while in transit through this state which is
(a) moving in interstate commerce through or over the terri-
tory of the State of Louisiana, or (b) which is in public or
private storage within the State of Louisiana having been
shipped thereto from outside of the State of Louisiana for
storage in transit to a final destination outside of the State
of Louisiana, whether such destination was specified when
transportation begins or afterward. All such property whether
entitled to exemption or not shall be reported to the proper
taxing authority on the forms required by law.



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Constitutional Convention of Louisiana of 1973
CC-1289

1 DELEGATE PROPOSAL No. 56—

2 Introduced by Delegate Toomy:

3 A PROPOSAL

4 Providing with respect to local officials and employees.

5 Be it adopted by the Constitutional Convention of Louisiana

6 of 1973 :

7 Article VI, Section Local Officials and Employees

g Section . The governing authority of any local govern-

9 mental subdivision shall prescribe the duties and fix the

j^Q compensation of its members, as well as that of other of-

jj ficers and employees, subject to any applicable civil service

12 law. Compensation of local elected officials shall not be re-

13 duced during the terms for which they are elected.

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Constitutional Convention of Louisiana of 1973
CC-1158

1 DELEGATE PROPOSAL No. 57—

2 Introduced by Delegate Flory:

3 A PROPOSAL

4 To provide for the registration of corporate stockholders.

5 Be it adopted by the Constitutional Convention of Louisiana

6 of 1973:

7 Article , Section Registration of Corporate Stock-

8 holders

9 Section The legislature shall require all corporations

10 doing business in the State of Louisiana, but not registered

11 with the United States Securities and Exchange Commission,

12 to submit a list of its stockholders to the secretary of state.

13 This register of stockholders shall be submitted annually, at

14 the direction of the legislature, but the secretary of state may

15 order supplemental delivery of the register at any time during

16 a calendar year.
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Constitutional Convention of Louisiana of 1973
CC-1217

1 DELEGATE PROPOSAL No. 58— 1

2 Introduced by Delegate Flory : t
- A PROPOSAL 3
A Providing for municipal fire and police civil service. 4
5 Be it adopted by the Constitutional Convention of Louisi- g
g ana of 1973 : 9
rj ARTICLE VII. HUMAN RESOURCES 7
g Section 1. Municipal Fire and Police Civil Service g
9 Section 1. The legislature shall enact and provide for a 9

10 system of fire and police civil service applicable to all munic- jq

11 ipalities with a population of not less than seven thousand n

12 persons according to the last decennial census of the United 12
18 States, and to all parishes and fire and/or police protection 13

14 districts. Such system shall embrace the principle of tenure 14

15 during good behavior of all firemen and policemen, and shall jg

16 recognize the right of promotion and tenure according to ig

17 seniority. A state examiner for fire and police civil service I7

18 shall be provided for and funded in a manner to insure inde- Ig

19 pendent and impartial testing and certification of employees 1q

20 for appointment and promotion. Testing procedures and 20

21 scoring requirements shall be established and all positions in 21

22 the classified service shall be filled according to the seniority 22

23 of all applicants who have attained a passing test score for a 28

24 particular position with the exception of positions which are 24

25 to be filled by competitive examination. In such case any 26

26 applicant who has attained a passing test score may be ap- 26

27 pointed. Admission to tests for a position to be filled pursuant 27

28 to seniority shall be limited to applicants of the next lower 28

29 classification. Applicants for competitive examination shall 29

80 not be restricted to the next lower class, but competitive ap- 30

81 pointments shall be made only for the following classifica- 81

82 tions: 82

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D. P. No. 58

(1) Chief of the departmental service;

(2) The entrance or lowest ranking class in the classified
service;

(3) Operation, maintenance and supervision of radio, fire
alarm, police alarm and other signal systems :

(4) Automotive or fire apparatus mechanics and repairmen;

(5) Secretary to the chief and departmental records clerk.
The system may provide for temporary appointments not to
exceed ninety days, but in every case of a temporary appoint-
ment, the employee shall be entitled to all privileges of the
position to which he is temporarily appointed.

A local civil service board shall be provided for in a man-
ner to insure civil service employee representation thereon.
Such board shall be vested with the power to hear and pass
upon all complaints arising out of fire and police civil ser-
vice employment, including disciplinary action taken by the
appointing authority. The board may render appropriate
obligatory orders relative thereto. The right of judicial re-
view from a decision of a local board shall be provided for
and the scope of such review shall be delineated.

No civil service employee shall be discriminated against
nor disciplined for any cause not directly related to the per-
formance of his public duties, and any disciplinary action
taken must be supported by detailed written reasons conveyed
to the employee.



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Constitutional Convention of Louisiana of 1973

CC-1249

DELEGATE PROPOSAL No. 59—

Introduced by Delegate Haynes:

A PROPOSAL
Making provisions for freedom from discrimination.

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

Article I, Section Freedom from Discrimination

Section Each person shall be free from arbitrary, ca-
pricious, or unreasonable discrimination on the basis of race,
religion, national ancestry, sex, or physical handicap in access
to public accommodations, in the hiring or promotion practices
of employers, or in the sale or rental of property. Nothing
herein shall be construed to impair freedom of association.



Constitutional Convention of Louisiana of 1973
CC-1138

I DELEGATE PROPOSAL No. 60—

% Introduced by Delegate Jenkins:

8 A PROPOSAL

4 Making provision to control future growth of state tax reve-

6 nues.

6 Be it adopted by the Constitutional Convention of Louisiana

7 of 1973:

8 Article , Section Control of Tax Revenues

9 Section A state tax revenue limit shall serve as a check

10 on uncontrolled increases in state tax revenues. The state tax

II revenue limit for any fiscal year shall be ten percent of state
12 personal income. State personal income is the dollar amount
18 that is reported by the United States Department of Com-
14 merce or its successor agency as total income by persons in the

16 State of Louisiana for the calendar year in which the fiscal
1(J year commences. State tax revenues include sales, severance,

17 income, gift, inheritance, excise, property, license, fee, cor-

18 poration franchise and similar taxes, collected by the state

19 during the fiscal year. State tax revenues collected in excess

20 of ten percent of state personal income shall be placed in

21 a tax surplus fund which shall be used only for annual income

22 tax refunds or reductions as provided by law.
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Constitutional Convention of Louisiana of 1973

CC-1246

DELEGATE PROPOSAL No. 61—

Introduced by Delegates Bel and Vesich:
A PROPOSAL
To provide with respect to judicial districts.

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

Article V, Section Judicial Districts; Orleans Civil and

Criminal District Courts, Separate Districts

Section The civil district court and the criminal dis-
trict court of the parish of Orleans shall be considered as
separate judicial districts.



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Constitutional Convention of Louisiana of 1973
CC-1300

DELEGATE PROPOSAL No. 62—

Introduced by Delegate Burson :

A PROPOSAL
Making provisions for the grand jury.

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

Article V, Section Grand Jury

Section (A) There shall be a grand jury or grand

juries in each parish whose qualifications, duties and respon-
sibilities shall be provided by law. The secrecy of the pro-
ceedings, including the identity of the witnesses appearing,
shall be provided for by law.

(B) Except as otherwise provided in this constitution, a
district attorney, or his designated assistant, shall have charge
of every criminal prosecution by the state in his district before
the grand jury, and its legal advisor. He shall perform such
other duties as may be provided by law.



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Constitutional Convention of Louisiana of 1973

CC-1301

DELEGATE PROPOSAL No. 63—

Introduced by Delegate Burson :

A PROPOSAL
Making provisions for legislative limitation on executive
power of commutation.

Article IV, Section Executive Commutation; Limita-
tion

Section The legislature shall have the power to limit

the governor's power of pardon or commutation in defining
the penalties for the crime of murder. The governor must
submit to the state legislature each year a detailed report
showing all pardons or commutations granted during the
previous year including the name of the person who received
the pardon or commutation and the reason therefor.



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Constitutional Convention of Louisiana of 1973
CC-1240

1 DELEGATE PROPOSAL No. 64—

2 Introduced by Delegate Toca :

3 A PROPOSAL

4 Making provision for a board of commissioners of the Louisi-

5 ana State Library.

g Be it adopted by the Constitutional Convention of Louisi-

7 ana of 1973:

8 Article , Section Board of Commissioners ; State

9 Library

10 Section (A) There is created a board of commis-

11 sioners of the Louisiana State Library. The board shall have

12 such powers, duties, and responsibilities as provided by law.

13 (B) The board shall consist of eight members. Six members

14 shall be appointed by the governor, with the advice and con-

15 sent of the Senate, from six library groups to be determined

16 by the legislature so as to effectuate representation of li-

17 braries serving small segments of the population to those

18 serving large segments of the population. One member of

19 the House of Representatives shall be appointed by the

20 Speaker of the House and one member of the Senate shall be

21 appointed by the President of the Senate. All members shall

22 serve overlapping terms of four years, following the initial
28 terms which shall be determined by the governor or the
24 legislature, as the case may be, in a manner aa to effectuate

26 this purpose.

28 (C) Vacancies occurring prior to the expiration of the

27 term shall be filled by appointment by the governor for the

28 remainder of the unexpired term. Members shall serve without

29 pay except for such per diem and expenses as shall be fixed
80 by the legislature.

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Constitutional Convention of Louisiana of 1973

CC-1308

DELEGATE PROPOSAL No. 65—

Introduced by Delegate Roy :



Online LibraryLouisiana. Constitutional Convention (1973)Records of the Louisiana Constitutional Convention of 1973 (Volume 4) → online text (page 50 of 65)