Louisiana. Constitutional Convention (1973).

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

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21 without the written consent of the owner of such existing

22 manufacturing establishment to be attached to and identified

23 with the contract of exemption. No exemption from taxes

24 shall be granted under the authority of this Paragraph for a

25 longer initial period than five calendar years from the date

26 of the execution of the contract of exemption or five calendar

27 years from the date of the completion of the construction as

28 described in the contract for tax exemption, the commencement

29 of the exemption upon either of such dates to be specified

30 in the contract at the discretion of the State Board of Com-

31 merce and Industry and subject to approval by the governor.

32 Upon application within ninety days before the expiration

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D. P. No. 95

l of the initial period of five years, and upon proper showing

9 of a full compliance with the contract of exemption by the

3 contraetee, any exemption granted under the authority of this

4 sub.^ection shall be renewed for an additional period of five

5 calendar years. Any such exemption shall ipso facto cease
g upon violation of the terms and conditions of the contract
7 which granted the same. All property exempted, in accor-
g dance v.'ith the provisions of the paragraph shall be listed on
9 (he a.sssssment rolls and submitted to the Louisiana Tax Com-

10 mis.-ion, but no taxes shall be collected thereon during the

11 period of exemption. On .January first following the expira-

12 ticn of any contract of exemption entered into under this

13 Paragraph, and for each year thereafter, all property ex-

14 empted by any such contract shall be listed on the assessment

15 rolls and shall be assessed at the end of the tax exemption

16 period at not more than the average assessment ratio on all

17 other property assessed by the assessor in the parish in which

18 the property is located. To determine the assessment ratio of

19 locally assessed property, the Louisiana Tax Commission shall

20 annually determine in each parish the assessed value of all

21 locally assessed property in relation to actual value. All taxes

22 imposed upon such property shall be collected in the manner

23 provided by law.

24 (G) (1) All raw materials, goods, commodities, and articles

25 imported into this state from outside of the continental United

26 States :

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

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

29 where such imports first entered this state, or

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

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

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

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D. P. No. 95

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

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

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

4 turers or processors, solely for manufacturing or processing;

5 O""

g (c) So long as any such imports are held by an importer

7 in any public or private storage in the original form in bales,

g sacks, barrels, boxes, cartons, containers, or other original

9 packages and agricultural products in bulk. This shall not

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

11 his stock in trade for sale at retail.

12 All such property whether entitled to exemption or not

13 shail be reported to the proper taxing authority on the forms

14 required by law.

15 (2) All raw materials, goods, commodities, and other

16 articles being held upon the public property of a port authority

17 or docks of any common carrier or in a warehouse, grain

18 elevator, dock, wharf, or public storage facility in this state

19 for export to a point outside the continental United States.

20 All such property entitled to exemption shall be reported to

21 the proper taxing authority on the forms required by law.

22 (3) All goods, commodities, and personal property in public

23 or private storage while in transit through this state which is

24 (8) moving in interstate commerce through or over the terri-

25 tory of the State of Louisiana, or (b) which is in public or

26 private storage within the State of Louisiana having been

27 shipped thereto from outside of the State of Louisiana for

28 storage in transit to a final destination outside of the State of

29 Louisiana, whether such destination was specified when

30 transportation begins or afterward. All such property whether

31 entitled to exemption or not shall be reported to the proper

32 taxing authority on the forms required by law.

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D. P. No. 95
Section 4. Adjustment of Ad Valorem Tax Millages
Section 4, The amount of taxes collected from a particular
millage levied by any taxing authority shall not be increased
or decreased because of the method of assessing property at a
uniform ratio of assessment to value as provided in Article
XI, Section 1, or because of any subsequent change in per-
centage of fair market value established by the legislature
for assessment and it shall be the mandatory duty of all
public bodies that levy millage to adjust the millage propor-
tionate to the adjustments in assessment values so as to pro-
duce the same total dollar amount of revenue. Nothing pro-
vided herein shall be construed to prohibit the respei'tivo
municipalities, parislies, or other taxing districts or au"':Til'.:'
from collecting a 'iirger dollar amount of ad valorem taxes
by means of levying additional millages in the manner pro-
vided by law, by additional property being placed on their
respective tax rolls, or by reason of increased property
values due to economic conditions, and provided further that
this provision shall not be construed so as to diminish the
security of outstanding bonds.



I'age 7



Constitutional Convention of Louisiana of 1973
CC-1314

1 DELEGATE PROPOSAL No. 96—

2 Introduced by Delegates Vick, Abraham, Bel, Berry, Casey,

3 Dennery, Goldman, Guarisco, Haynes, A. Jackson, J. Jack-

4 son, LeBreton, Lennox, Miller, Pugh, Rachal, Riecke, Soniat,

5 Stovall, Sutherland, Velazquez, and Weiss :

6 A PROPOSAL

7 Providing for the powers and duties of the attorney general.

8 Be it adopted by the Constitutional Convention of Louisiana

9 of 1973:

10 Article V, Section Attorney General; Powers and

11 Duties

12 Section (A) The attorney general shall be the state's

13 chief legal officer. As may be necessary for the assertion or

14 protection of the rights and interests of the state, the attorney

15 general shall have authority to:

16 (1) institute and prosecute in any civil or criminal actions

17 or proceedings ;

18 (2) advise and assist, upon request of a district attorney, in

19 the prosecution of a criminal case; and

20 (3) for cause when authorized by the court of original

21 jurisdiction in which any proceeding or affidavit is pending,

22 subject to judicial review, supersede any attorney representing

23 the state in any civil or criminal action.

24 He shall have such other powers and perform such other

25 duties as may be authorized by this constitution or provided

26 by statute.
27

28
29
30
31
32

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Constitutional Convention of Louisiana of 1973
D. P. No. 97

1 DELEGATE PROPOSAL No. 97—

2 Introduced by Delegates Asseff, Anzalone, Miller, Ber-

3 geron, O'Neill, Kelly, Velazquez, Aertker, Burson, Giarrusso,

4 Jones, Stinson, McDaniel, Wisham, Grier, Warren, Stephen-

5 son. Jack, Smith, Schmitt, Drew, Bel, Ourso, Edwards, Win-

6 Chester, Perkins, Casey, Elkins, A. Landry, Ullo, Bollinger,

7 Alario, Stinson, Heine, Roemer, Abraham, Kilbourne, Fulco,

8 Cannon, Gauthier, Willis, Singletary, Planchard, Cowen,

9 Weiss, Toomy, Leigh, Maybuce, Hernandez, Flory and Avant :

10 A PROPOSAL

11 To provide with respect to an alternative provision relative

12 to the Executive Branch.

13 Be it adopted by the Constitutional Convention of Louisi-

14 ana of 1973:

15 Section 1. Section 22 of Article IV as set forth in Commit-

16 tee Proposal Number 4 as finally enrolled, being Section 23 of

17 said Article IV as originally adopted by this convention, is

18 hereby deleted from said proposal.

19 Section 2. There shall be placed on the ballot submitted to

20 the people for the ratification of the proposed new consti-

21 tution, as an alternative, the following propositions:

22 n 2A. FOR permitting the legislature by 2/3 vote to pro-

23 vide for appointment, in lieu of election, of certain

24 statewide elected officials.

25 n 2B. AGAINST permitting the legislature by 2/3 vote

26 to provide for appointment, in lieu of election, of

27 certain statewide elected officials.

28 Section 3. (A) If Alternative Proposition No. 2A concern-

29 ing legislative permission to provide for appointment, in lieu

30 of election, for certain statewide elected officials is approved

81 by the electors and if the proposed constitution is approved

82 by the electors, then the following section shall become Sec-

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D. P. No. 97

1 tion 22 of Article IV of the new constitution :

2 ARTICLE IV. EXECUTIVE BRANCH

3 ...

4 Section 22. Appointment of Officials ; Merger, Consolidation

5 of Offices and Departments

6 Section 22. After the first election of state officials follow-

7 ing adoption of this constitution, the legislature may, by a

8 favorable vote of two-thirds of the elected members of each

9 house, provide for appointment, in lieu of election, of the state

10 superintendent of education, the commissioner of insurance,

11 the commissioner of agriculture, the state commissioner of

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

13 prescribe qualifications and method of appointment and by

14 similar vote, may provide that any such offices, their depart-

15 ments and functions be merged or consolidated with any other

16 office or department in the executive branch. No action of the

17 legislature, pursuant hereto, shall reduce the term or com-

18 pensation of any elected official. By a vote of two-thirds of

19 the elected members of each house, the legislature may re-

20 establish any of such offices as an elective office and, in such

21 event, shall prescribe qualifications.

22 (B) If Alternative Proposition No. 2A concerning legisla-

23 tive permission to provide for appointment, in lieu of election,

24 of certain statewide elected officials is not approved by the

25 electors but the proposed constitution is approved by the

26 electors then no change shall be made therein and Section

27 22 of Article IV as set forth in Committee Proposal Number

28 4 as finally enrolled, being Section 23 of said Article IV as

29 originally adopted by this convention shall be null, void, and

30 of no legal effect.
81

32

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Constitutional Convention of Louisiana of 1973

D. P. No. 98

1 DELEGATE PROPOSAL No. 98—

2 Introduced by Delegates Henry, Gravel, Graham, Pugh, A.

3 Jackson, Juneau, Kelly, Leithman, Come, Shannon, Deshotels,

4 Fowler, Zervigon, Riecke, Wattigny, Alario, Kilpatrick, Roe-

5 mer, LeBleu, Conino, Warren, Guarisco, Arnette, Abraham,
g Badeaux, Anzalone, Fayard, Derbes, Gauthier, Bollinger,
Y Willis, Newton, A. Landry, Goldman, Ginn, UUo, Toomy,

8 Sutherland, Stovall, Schmitt, Bergeron, Chatelain, Vick, Con-

9 roy, Miller, Casey, Dennery, Tobias, O'Neill and Weiss:

10 A PROPOSAL

11 To provide with respect to an alternative provision relative

12 to education.

13 Be it adopted by the Constitutional Convention of Louisi-

14 ana of 1973:

15 Section 1. There shall be placed on the ballot submitted to
IQ the people for the ratification of the proposed new constitu-

17 tion, as an alternative, the following propositions:

18 2A. FOR education article creating only a Board of Re-

19 gents to govern higher education and no management

20 boards.

21 2B. AGAINST education article creating only a Board

22 of Regents to govern higher education and no man-

23 agement boards.

24 Section 2. (A) If Alternative Proposition No. 2A concern-

25 ing education boards is approved by the electors and if the

26 proposed constitution is approved by the electors, then the

27 following Article shall become Article IX of the new consti-

28 tution and Article IX as set forth in Committee Proposal

29 Number 7 shall be null, void and of no effect and shall be

30 deemed stricken from the proposed constitution.

81 "ARTICLE IX. EDUCATION

82 Preamble

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D. P. No. 98

1 The goal of the public educational system is to provide learn-

2 ing environments and experiences, at all stages of human

3 development, that are humane, just, and designed to promote

4 excellence in order that every individual may be afforded an

5 equal opportunity to develop to his full potential.

6 Section 1. Public Educational System

7 Section 1. The legislature shall provide for the education of

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

9 public educational system.

10 Section 2. State Superintendent of Education

11 Section 2. There shall be a superintendent of education for

12 public elementary and secondary education who, subject to

13 provisions for appointment in lieu of election set forth in

14 Article IV, Section 22, of this constitution, shall be elected

15 for a term of four years. If the office is made appointive,

16 the State Board of Elementary and Secondary Education shall

17 make the appointment. He shall be the administrative head

18 of the Department of Education and shall implement the

19 policies of the State Board of Elementary and Secondary

20 Education and the laws affecting schools under its jurisdic-

21 tion. The qualifications and other powers, functions, duties,

22 iind responsibilities of the superintendent shall be provided

23 by law.

24 Section 3. State Board of Elementary and Secondary Edu-

25 cation

26 Section 3. (A) Creation; Functions. The State Board of

27 Elementary and Secondary Education is created as a body

28 corporate. It shall supervi.se and control the public elemen-

29 tary and secondary schools, post-secondary vocational-techni-

30 cal schools, special schools under its jurisdiction and shall

31 have budgetary responsibility for all funds appropriated or

32 allocated by the state for those schools, all as provided by

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D. P. No. 98

1 law. The board shall have other powers, duties, and respon-

2 sibilities as provided by this constitution or by law, but shall

3 have no control over the business affairs of a parish or city

4 school board or the selection or removal of its officers and

5 employees.

6 (B) Membership; Terms. The board shall consist of eight

7 members elected from single-member districts which shall be
g determined by law and three members appointed by the gov-
9 ernor from the state at large, with consent of the Senate.

10 Members shall serve overlapping terms of six years, foUow-

11 ing the initial terms which shall be fixed by law.

12 (C) Vacancy. A vacancy in the office of an elected mem-
18 ber, if the remaining portion of the term is more than one

14 year, shall be filled for the remainder of the term by elec-

15 tion, as provided by law. Other vacancies shall be filled for

16 the remainder of the term by appointment by the governor.

17 Section 4. Approval of Private Schools

18 Section 4. Upon application by a private elementary, sec-

19 ondary, or proprietary school with a sustained curriculum

20 or specialized course of study of quality at least equal to that

21 prescribed for similar public schools, the State Board of

22 Elementary and Secondary Education shall approve the pri-

23 vate school. A certificate issued by an approved private school

24 shall carry the same privileges as one issued by a state public

25 school.

26 Section 5. Board of Regents

27 Section 5. (A) Creation; Functions. The Board of Regents

28 is created as a body corporate. It shall plan, coordinate, and

29 have budgetary responsibility for all public higher education

30 and shall have other powers, duties, and responsibilities pro-

31 vided in this Section or by law.

32 (B) Membership; Terms. The board shall consist of seven

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D. P. No. 98

1 members who shall be appointed by the governor, with con-

2 sent of the Senate from the state at large, and eight members
8 who shall be elected from single-member districts to be deter-

4 mined by the legislature. All members shall serve overlap-

5 ping terms of six years, following the initial terms which

6 shall be fixed by law.

7 (C) Vacancy. A vacancy occurring prior to the expiration

8 of a term shall be filled for the remainder of the unexpired

9 term by appointment by the governor, with consent of the

10 Senate.

11 (D) Powers. The Board of Regents shall meet with the

12 State Board of Elementary and Secondary Education at least

13 twice a year to coordinate programs of public elementary,

14 secondary, vocational-technical, career, and higher education.

15 The board of Regents shall have the following powers, duties,

16 and responsibilities relating to public institutions of higher

17 education:

18 (1) To revise or eliminate an existing degree program,

19 department of instruction, division, or similar subdivision.

20 (2) To approve, disapprove, or modify a proposed degree

21 program, department of instruction, division, or similar sub-

22 division.

23 (3) To study the need for and feasibility of any new insti-

24 tution of higher education, including branches of institutions

25 and conversion of two-year institutions to institutions offer-

26 ins longer courses of study. If the creation of a new institu-

27 tion, or a management board for an institution or group of

28 institutions is proposed, addition of another management

29 board, or the transfer of an existing institution from one

30 board to another is proposed, the Board of Regents shall re-

31 port its written findings and recommendations to the legisla-
,"^2 ture within one year. Only after the report has been filed, or.

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D. P. No. 98

1 after one year if no report is filed, may the legislature take

2 affirmative action on such a proposal and then only by law

8 enacted by two-thirds of the elected members of each house.

4 (4) To formulate and make timely revision of a master

5 plan for higher education. As a minimum, the plan shall in-
Q elude a formula for equitable distribution of funds to the
7 institutions of higher education.

g (5) To require that every institution of higher education

9 submit to it, at a time it specifies, an annual budget proposal
10 for operational needs and for capital needs of each institu-
1\ tion under the control of each board. The Board of Regents

12 shall submit its budget recommendations for all institutions

13 of higher education in the state. It shall recommend priorities

14 for capital construction and improvements.

15 Section 6. Boards; Membership; Compensation

15 Section 6. (A) Dual Membership. No person shall be eligible

17 to serve simultaneously on more than one board created by or

18 pursuant io this Article.

19 (B) Compensation. A member of a board created by or

20 pursuant to this Article shall serve without pay, but per diem

21 and expenses may be provided by law.

22 Section 7. Parish School Boards; Parish Superintendents
28 Section 7. (A) Boards. The legislature shall create parish

24 school boards and provide for the election of their members.

25 (B) Superintendents. Each parish board shall elect a su-

26 perintendent of parish schools. The State Board of Elemen-

27 tary and Secondary Education shall fix the qualifications

28 and prescribe the duties of the parish superintendent. He

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

30 Section 8. Existing Boards and Systems Recognized; Con-

31 solidation

32 Section 8. (A) Recognition. Parish and city school board

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D. P. No. 98

1 systems in existence on the effective date of this constitution

2 are recognized, subject to control and supervision by the

8 State Board of Elementary and Secondary Education and the

4 power of the legislature to enact laws affecting them.

5 (B) Ouachita Parish and Monroe City School Systems;
f Board Membership. Only persons residing within the juris-
7 diction of the Monroe City School Board shall be eligible to

3 vote for or be members of the Monroe City School Board.

9 Only persons residing in that portion of Ouachita Parish out-
IQ side the jurisdiction of the Monroe City School Board shall

11 be eligible to vote for or be members of the Ouachita Parish

12 School Board. The position of a member of either board shall
18 be vacated when he no longer satisfies the requirements of

14 this Paragraph. Notwithstanding any contrary provision of

15 this constitution, this Paragraph shall become operative upon
18 the election of members to the Ouachita Parish School Board

17 taking office in 1977 or upon the first reapportionment af-

18 fecting the Ouachita Parish School Board, whichever occurs
18 earlier.

20 (C) Consolidation. Subject to approval by a majority of

21 the electors voting, in each system affected, in an election

22 held for that purpose, any two or more school systems may
28 be consolidated as provided by law.

24 Section 9. Appropriations; State Boards

26 Section 9. The legislature shall appropriate funds for the

26 operating and administrative expenses of the state boards

27 created by or pursuant to this Article.

28 Section 10. Appropriations; Higher Education

29 Section 10. Appropriations for the institutions of higher

80 education and post-secondary vocational-technical training

81 and career education shall be made and administered as pro-

82 vided by law.

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D. P. No. 98

j_ Section 11. Funding; Apportionment

2 Section 11. (A) Free School Books. The legislature shall

3 appropriate funds to supply free school books and other ma-

4 terials of instruction prescribed by the State Board of Ele-

5 mentary and Secondary Education to the children of this
Q state at the elementary and secondary levels.

7 (B) Minimum Foundation Program. The legislature shall

g appropriate funds sufficient to insure a minimum foundation

g program of education in all public elementary and secondary

10 schools. The funds appropriated shall be equitably allocated

11 to parish and city school systems according to formulas

12 adopted by the State Board of Elementary and Secondary
18 Education and approved by the legislature prior to making

14 the appropriation.

15 (C) Local Funds. Local funds for the support of elementary
Ig and secondary schools shall be derived from the following

17 sources :

18 First: Each parish school board, Orleans Parish excepted,

19 and each municipality or city school board actually operating,

20 maintaining, or supporting a separate system of public schools,

21 shall levy annually an ad valorem maintenance tax not to ex-

22 ceed five mills on the dollar of assessed valuation on property

23 subject to such taxation within the parish or city, respectively.

24 Second: The Orleans Parish School Board shall levy an-

25 nually a tax not to exceed thirteen mills on the dollar of the

26 assessed valuation of property within the city of New Or-

27 leans assessed for city taxation, and shall certify the amount

28 of the tax to the governing authority of the city. The govern-

29 '"g authority shall have the tax entered on city tax rolls. The

30 tax shall be collected in the manner, under the conditions, and

31 with the interest and penalties prescribed by law for city
22 taxes. The money thus collected shall be paid daily to the

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D. P. No. 98

1 Orleans Parish School Board.

2 Third: For giving additional support to public elementary
8 and secondary schools, any parish, school district, or sub-

4 school district, or any municipality or city school board which

5 supports a separate city system of public schools may levy an
g ad valorem tax for a specific purpose, when authorized by a

7 majority of the electors voting in the parish, municipality,

8 district, or subdistrict in an election held for that purpose.
f The amount, duration, and purpose of the tax shall be in ac-



Online LibraryLouisiana. Constitutional Convention (1973)Records of the Louisiana Constitutional Convention of 1973 (Volume 4) → online text (page 53 of 65)