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A PROPOSAL
Making provisions regarding civil service employment.

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

Article VII, Section State Employment Rights

Section Everyone shall have an equal opportunity to

apply for civil service employment. Selection shall be based
on merit without unreasonable qualifications of age or sex.
No civil service employee may be dismissed for cause without
the opportunity for a prior hearing.



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Reprinted as Engrossed

Constitution Convention of Louisiana of 1973

CC-1308

DELEGATE PROPOSAL No. 65—

Introduced by Delegate Roy :

A PROPOSAL
Making provisions regarding civil service employment.

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

Article VII, Section State Employment Rights

Section Everyone shall have an equal opportunity

to apply for civil service employment. Selection shall be based
on merit without unreasonable qualifications of age or sex.
No civil service employee may be subjected to disciplinary
action except for just cause and without the opportunity for a
prior hearing.



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Constitutional Convention of Louisiana of 1973
CC-1292

DELEGATE PROPOSAL No. 66—

Introduced by Delegate Robinson:
A PROPOSAL
Making provisions to prohibit the appropriation of public
funds for private or sectarian schools.

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

Article IX, Section No Appropriation of Public Funds

to be Made to Private or Sectarian Schools

Section No appropriation of public funds shall be made

to any private or sectarian school. The legislature may enact
appropriate legislation to permit institutions of higher learn-
ing which receive all or part of their support from the State
of Louisiana to engage in interstate and intrastate educa-
tion agreements with other state governments, agencies of
other state governments, institutions of higher learning of
other state governments and private institutions of higher
learning within or outside state boundaries.



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Constitutional Convention of Louisiana of 1973

CC-1244

DELEGATE PROPOSAL No. 67—

lutroduced by Delegate Abraham :

A PROPOSAL
Making provisions for the inclusion of the attorney general
in the Executive Branch of government.

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

Article IV, Section 1. Composition

Section 1. (A) The executive branch shall consist of the
governor, lieutenant governor, secretary of state, attorney
general, treasurer, commissioner of agriculture, commissioner
of insurance, superintendent of education, commissioner of
elections, and all other executive offices, agencies, and instru-
mentalities of the state.

(B) All offices, agencies, and other instrumentalities of the
executive branch of state government and their respective
functions, powers, duties, and responsibilities, except for the
offices of governor and lieutenant governor, shall be allocated,
according to function, within not more than twenty depart-
ments.



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Constitutional Convention of Louisiana of 1973
CC-1245

1 DELEGATE PROPOSAL No. 68 —

2 Introduced by Delegate Abraham :

g A PROPOSAL

4 Making provisions for the Public Service Commission and

5 necessary provisions with respect thereto in the Execu-
g tive Branch of state government.

7 Be it adopted by the Constitutional Convention of Louisi-

8 ana of 1973:

9 ARTICLE IV. EXECUTIVE BRANCH

10 Section Public Service Commission

11 Section (A) Composition; Term. There shall be a

12 Public Service Commission, which shall consist of a number

13 of members equal to the number of congressional districts

14 into which the state is divided. One member shall be elected

15 from each congressional district. Members shall be elected at
"3 the time fixed for congressional elections for terms of six

17 years. The legislature, by statute, shall provide for over-

18 lapping terms.

19 (B) Powers and Duties. Except as otherwise provided by

20 this constitution, the commission shall regulate all common

21 carriers and other public utilities. It shall adopt and enforce

22 reasonable rules, regulations, and procedures necessary for

23 the discharge of its duties. It shall render decisions on appli-

24 cations, petitions, and proposed rate schedules in the manner

25 provided by statute, and it shall have such other powers and

26 perform such other duties as shall be provided by statute.

27 (C) Limitation. The commission shall have no power to

28 regulate any common carrier or other public utility owned,

29 operated, or regulated by the governing authority of a polit-

30 ical subdivision, except by the consent of a majority of the
81 electors of such political subdivision voting in an election
?2 held for that purpose; however, such political subdivision

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CC-1245

D. P. No. 68

1 may reinvest itself with such regulatory power in the same

2 manner as it was surrendered.
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Constitutional Convention of Louisiana of 1973

CC-1236

DELEGATE PROPOSAL No. 69—

Introduced by Delegate Abraham :
A PROPOSAL
Making provisions for the registration of voters.

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

Article X, Section Registration of Voters

Section . All electors of the state shall be registered in

the manner provided by law. Declaration of political party
affiliation shall not be a prerequisite for registration.



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Constitutional Convention of Louisiana of 1973
CC-1243

DELEGATE PROPOSAL No. 70—

Introduced by Delegate Abraham:
A PROPOSAL
Making provisions for the right to property.

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

Article I, Section 4. Right to Property

Section 4, Subject to reasonable statutory restrictions,
every person has the right to acquire, control, enjoy, own,
protect, use, and dispose of private property. Property shall
not be taken or damaged except for a public and necessary
purpose, in which case the owner shall be compensated to the
full e.xtent of his loss. The legislature shall provide by statute
the methods and procedures of such taking.



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Constitutional Convention of Louisiana of 1973

CC-1247

DELEGATE PROPOSAL No. 71 —

Introduced by Delegate Abraham :
A PROPOSAL
Making provisions for the inclusion of the attorney general
in the Executive Branch of government.

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

Article IV, Section 8. Powers and Duties of the Attorney
General

Section 8. 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 protection of the
rights and interests of the state, the attorney general shall
have authority to:

(1) institute and prosecute or intervene in any civil actions
or proceedings ;

(2) advise and assist, upon request of a district attorney,
in the prosecution of a criminal case; and

(3) for cause when authorized by the court of original
jurisdiction in which any proceeding or affidavit is pending,
subject to judicial review, supersede any attorney represent-
ing the state in any civil or criminal action. He shall have
such other powers and perform such other duties as may be
authorized by this constitution or provided by statute.



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Constitutional Convention of Louisiana of 1973

CC-1248

DELEGATE PROPOSAL No. 72—

Introduced by Delegate Abraham:
A PROPOSAL
Making provisions for the deletion of the attorney general
from the Judicial Branch of state government.
Be it adopted by the Constitutional Convention of Louisiana
of 1973:

Section 1. Sections 26 and 27 of Article V of the proposed
constitution as adopted by Committee Proposal Number 21 are
hereby repealed in their entirety.



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Constitutional Convention of Louisiana of 1973

CC-1237

DELEGATE PROPOSAL No. 73—

Introduced by Delegate Abraham :

A PROPOSAL
Making provisions for open primary elections.

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

Article X, Section Open Primary Elections

Section All elections shall be open to all qualified

candidates for office, regardless of political party affiliation.
When there are more than two candidates for an office, all
candidates for office shall enter the same primary election,
and the candidate receiving a majority of the votes cast for
an office shall be declared elected. If no candidate receives a
majority of the votes cast for an office, the two receiving
the highest number of votes shall enter the general election
to determine the winner. The names of the candidates shall
appear on the election ballot under the heading of their party
affiliation.



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Constitutional Convention of Louisiana of 1973
CC-1309
DELEGATE PROPOSAL No. 74—

Introduced by Delegates Gravel and Berry:
A PROPOSAL
Providing for freedom from discrimination.

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

Article I, Section Freedom from Discrimination

Section In access to public areas, accommodations,

and facilities and in the hiring, promotion, and other employ-
ment practices in any business or occupation, every person
shall have the right to be free from discrimination based on
race, religion, or national ancestry and from arbitrary, capri-
cious, or unreasonable discrimination based on sex, age, or
physical handicap.



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Constitutional Convention of Louisiana of 1973
CC-1302

1 DELEGATE PROPOSAL No. 75—

2 Introduced by Delegate Burson:

3 A PROPOSAL

4 Providing with respect to trial by jury in criminal cases.

5 Be it adopted by the Constitutional Convention of Louisiana

6 of 1973:

7 Article I, Section Trial by Jury in Criminal Cases

8 Section Any person charged with an offense or set of

9 offenses punishable by imprisonment of more than six months

10 may demand a trial by jury. In cases involving a crime neces-

11 sarily punishable by hard labor, the jury shall consist of twelve

12 persons, all of whom must concur to render a verdict in capital
18 cases, and nine of whom must agree in others. In cases not

14 necessarily punishable by hard labor, the jury may consist of

15 five persons, all of whom must concur to render a verdict.

16 The accused shall have the right to voir dire and to challenge

17 jurors peremptorily.
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Constitutional Convention of Louisiana of 1973

CC-1303

DELEGATE PROPOSAL No. 76—

Introduced by Delegate Burson :

A PROPOSAL
For initiation of the prosecution of felonies.

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

Article V, Section Initiation of Prosecution

Section Prosecution of felonies shall be initiated by

indictment or information, provided that no person shall be
held to answer for a capital crime, except on indictment by
a grand jury. No person shall be twice placed in jeopardy
for the same offense, except on his own application for a new
trial or when a mistrial is declared or a motion in arrest of
judgment is sustained.



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Constitutional Convention of Louisiana of 1973

CC-1291

DELEGATE PROPOSAL No. 77—

Introduced by Delegate Robinson:
A PROPOSAL
To provide for the financing of the office of sheriff.

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

Article V, Section Sheriffs.

Section The operations of the sheriff's office in each

parish shall be financed as authorized by law.



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Constitutional Convention of Louisiana of 1973

CC-1293

DELEGATE PROPOSAL No. 78—

Introduced by Delegate Robinson:
A PROPOSAL
Making provisions to prohibit religious discrimination and
to prohibit the direct or indirect appropriation of money
from the public treasury for sectarian, private, charitable
or benevolent purposes, except for designated state chari-
ties.
Be it adopted by the Constitutional Convention of Louisiana
of 1973:

Article I, Section . Religious Freedom ; Prohibition of

Funds

Section . No money shall ever be taken from the public

treasury, directly or indirectly, in aid of any church, sect or
denomination of religion, or in aid of any priest, preacher,
minister or teacher thereof, as such, and no preference shall
ever be given to, nor any discrimination made against, any
church, sect or creed of religion, or any form of religious
faith or worship. No appropriation from the state treasury
shall be made for private, charitable or benevolent purposes
to any person or community ; provided, this shall not apply to
the state asylums for the insane, and the state schools for
the deaf and dumb, and the blind, and the charity hospitals,
and public charitable institutions conducted under state au-
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Constitutional Convention of Louisiana of 1973

CC-1299

DELEGATE PROPOSAL No. 79—

Introduced by Delegate Deshotels:
A PROPOSAL
Providing for a right to privacy.

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

Article I, Section 5. Right to Privacy

Section 5. Every person shall be secure in his person, prop-



Q erty, houses, papers, and effects against unreasonable search-









OMITTED






D.


P. No.


80-


- duplicate of D.


P. No.


69


D.


P. No.


81-


- duplicate of D.


P. No.


73


D.


P. No.


82-


- duplicate of D.


P. No.


70


D.


P. No.


83-


- duplicate of D.


P. No.


67


D.


P. No.


84-


- duplicate of D.


P. No.


68


D.


P. No.


85-


- duplicate of D.


P. No.


71


D.


P. No.


86-


- duplicate of D.


P. No.


72



10



es, seizures or invasions of privacy. No warrant shall issue



-,-, without probable cause supported by oath or affirmation.



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Constitutional Convention of Louisiana of 1973

CC-1262

DELEGATE PROPOSAL No. 87—

Introduced by Delegate Segura:

A PROPOSAL
Providing for state and city civil service.

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

ARTICLE Vn. HUMAN RESOURCES

Section 1. State and City Civil Service

Section 1. The legislature shall provide for the establish-
ment and administration of a system of personnel administra-
tion in the civil service of the state and its political subdivi-
sions. No changes shall be made in the existing state and
city civil service system except by a two-thirds vote of each
house of the legislature. Appointments and promotions shall
be based on merit, length of service, and fitness, demonstrated
by examination or by other evidence of competence.



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Constitutional Convention of Louisiana of 1973
CC-1099

DELEGATE PROPOSAL No. SB-
Introduced by Delegate Lennox:

A PROPOSAL
To provide for the continuous operation of government.

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

Article I, Section Right of Continuous Operation of

Government

Section Every person shall have the right of continu-
ous operation of the government of the State of Louisiana
or any of its political subdivisions.

An individual may not accept or hold office or employment
in the government of the State of Louisiana or any of its
political subdivisions if he participates in a strike against
the government of the State of Louisiana or any of its politi-
cal subdivisions.



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Constitutional Convention of Louisiana of 1973

CC-1101

DELEGATE PROPOSAL No. 89—

Introduced by Delegate Lennox:

A PROPOSAL
Prohibiting strikes by public employees.

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

Article VII, Section Strikes; Prohibition

Section No classified employee of the state or of its

political subdivisions shall engage in a strike, nor shall any
classified employee cause, condone, instigate, encourage or
cooperate in a strike.

A strike means any concerted action in failing to report
for duty, willful absence, the stoppage of work, including a
stoppage by reason of the expiration of a collective bargain-
ing agreement, the interruption or interference with opera-
tions of the public employer, slowdowns, or the abstinence in
whole or in part from the full, faithful and proper performance
of the duties of employment.

Rules relative to the provisions herein shall be made by
the appropriate civil service commission.



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Constitutional Convention of Louisiana of 1973

CC-1078

DELEGATE PROPOSAL No. 90—

Introduced by Delegate Lennox:

A PROPOSAL
To prohibit monopolistic control over employment in any
industry within the state.

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

Article VII, Section 1. Employment; Monopolistic Control;
Prohibition

Section 1. It shall be the public policy of the State of
Louisiana that no person shall be denied the opportunity to
obtain or retain employment because of nonmembership in a
private organization, nor shall the state or any subdivision
thereof, or any corporation, individual, or association of any
kind enter into any agreement, written or oral, which excludes
any person from employment or continuation of employment
because of nonmembership in a private organization.



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Constitutional Convention of Louisiana of 1973

1 DELEGATE PROPOSAL No. 91—

2 Introduced by Delegate Zervigon :

8 A PROPOSAL

4 Making provisions for property taxation.

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

7 Article XL Revenue and Finance

8 Section 1. Generally

9 All property subject to ad valorem taxation by the state or

10 any political subdivision of the state, shall be listed on the

11 assessment rolls at its assessed valuation. The assessed valua-

12 tion shall be a percentage of current fair market value or use
18 value.

14 Section 2. Limits

15 In no case shall the assessed valuation exceed 25% of cur-
18 rent fair market value.

17 Section 3. Manner of Assessment

18 Except as to such public utility property as may be provided

19 by law to be assessed by the Louisiana Tax Commission, the
SO fair market value of property shall be determined by the
81 respective assessors in each parish in a manner provided by
2B law.

28 Section 4. Parish Ad Valorem Assessments

24 a) All taxes levied wholly within a single parish shall be

26 levied on the basis of the parish assessment roll.

28 b) Except as provided in Subsection C of this Section, the

27 assessor or assessors of each parish shall prepare a parish

28 assessment roll, listing all property in the parish subject to

29 ad valorem taxation. All such property shall be classified for

30 the purposes of assessment as

31 (1) Land

32 (2) Residential Improvements

Pai;e 1



D. P. No. 91

1 (3) Commercial or Industrial Improvements

2 (4) Personal Property

3 (5) Public Utilities Improvements

4 For each classification of property the governing authority

5 of the parish shall fix the assessment at a percentage of fair

6 market value, subject to the limitations of Section 2. Such

7 fair market value, assessment ratio, the year of valuation and

8 classification of property shall be clearly shown on the assess-

9 ment rolls.

10 c) Property subject to ad valorem taxation within a munic-

11 ipality with a population of more than 50,000 shall be classi-

12 fied as urban property and shall be listed as such on the parish

13 assessment rolls by the assessor or assessors of each parish

14 containing such a municipality.

15 All such property shall be sub-classified for the purposes

16 of assessment as

17 (1) Land

18 (2) Residential Improvements

19 (3) Commercial or Industrial Improvements

20 (4) Personal Property

21 (5) Public Utilities Improvements

22 For each subclassification of property the governing author-

23 ity of the municipality shall fix the assessment at percentage

24 of fair market value, subject to the limitation of Section 2.

25 Such fair market value, assessment ratio, the year of valua-

26 tion and classification of property shall be clearly shown on

27 the assessment rolls.

28 Section 5. Multi-Parish Assessments

29 a) All ad valorem taxes levied by a political subdivision of

30 the state, including two or more parishes, shall be levied on

31 the basis of a multi-parish assessment roll.

32 b) All taxable property within the multi-parish district

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D. P. No. 91

1 shall be listed on the multi-parish assessment roll at a per-

2 centage of fair market value, as the governing authority of

3 the multi-parish district shall determine. The governing au-

4 thority of the multi-parish district shall compute the multi-

5 parish assessment roll from the several parish assessment
g rolls such that all property within a class is assessed equally
Y and uniformly on a multi-parish basis.

g c) The governing authority of a multi-parish district shall

9 make such classifications of property as provided in para-

1Q graph (b) hereof, provided that such classifications shall not

11 distinguish property according to its location.

22 Section 6. State-Wide Assessments

13 a) All taxes levied on a state-wide basis shall be levied on

14 the basis of a state assessment roll.

15 b) All property subject to taxation shall be listed on the
\Q state assessment roll at a percentage of fair market value or
17 use value as the state legislature shall determine.

Ig c) The State Tax Commission shall compute the state

19 assessment roll from the several parish assessment rolls such

20 that all property within a class as shown on the parish assess-

21 ment rolls, is assessed equally and uniformly on a state-wide

22 basis. The State Tax Commission may classify for the pur-

23 pose of State assessments :

24 1) Land

25 2) Residential Improvements

26 3) Commercial or Industrial Improvements

27 4) Personal Property

28 5) Rolling Stock

29 6) Bank Stock

30 7) Public Utilities Improvements

31 Section 7. Exemptions

32 The following property, and no other shall be exempt from

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D. P. No. 91

1 taxation:

2 A. Homesteads



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