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10 cord with any limitation imposed by the legislature.

11 (D) Municipal School Systems. For the effects and pur-

12 poses of this Section, the municipalities of Monroe in Ouachita

13 Parish, and Bogalusa in Washington Parish, and no others,

14 shall be regarded and treated as parishes and shall have the

15 authority granted parishes.

Ig Section 12. Tulane University

17 Section 12. The Tulane University of Louisiana in New

18 Orleans is recognized as created and to be developed in ac-

19 cordance with Act No. 43 approved July 5, 1884."

20 2. (B) If alternative Proposition No. 2A concerning educa-

21 tion boards is not approved by the electors but the proposed

22 constitution is approved by the electors then no change shall

23 be made therein.
24

25
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32

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[378]



First Enrollment



•^ Constitutional Convention of Louisiana of 1973

2 DELEGATE PROPOSAL NL'MBER 98

3 Introduced by Delegates Henry, Gravel, Graham, Pugh, A. Jackson,

4 Juneau, Kelly, Leithman, Come, Shannon, Deshotels, Fowler,

5 Zervigon, Riecke, Wattigny, Alario, Kilpatrick, Roemer,

6 LeBleu, Conino, Warren, Guarisco, Arnette, Abraham,

7 Badeaux, Anzalone, Fayard, Derbes, Gauthier, Bollinger,

8 Willis, Newton, A. Landry, GoldTnan, Ginn, Ullo, Toomy ,

9 Sutherland, Stovall, Schmitt, Bergeron, Chatelain, Vick,
10 Conroy, Miller, Casey, Dennery, Tobias, O'Neill, and VJeiss
11

12 A PROPOSAL

13

lU To provide with respect to an alternative provision relative

15 to education.

16 Be it adopted by the Constitutional Convention of Louisiana

17 of 1973:

18 Section 1. There shall be placed on the ballot submitted

19 to the people for the ratification of the proposed new con-

20 stitution, as an alternative, the following propositions:

21 2A. FOR education article creating only a

22 Board of Regents to govern higher

23 education and no management boards.

24 2B. AGAINST education article creating only

25 a Board of Regents to govern higher

26 education and no management boards.

27 Section 2. (A) If Alternative Proposition No. 2A con-

28 cerning education boards is approved by the electors and if

29 the proposed constitution is approved by the electors, then

30 the following Article shall becone Article IX of the new con-

31 stitution and Article IX as set forth in Committee Proposal

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

33 deemed stricken from the proposed constitution.

34 "ARTICLE IX. EDUCATION

35 Preamble



D. P. No. 98

1 The goal of the public educational system is to provide

2 learning environments and experiences, at all stages of human

3 development, that ate 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
g of 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

12 who, subject to provisions for appointment in lieu of election

13 set forth in Article IV, Section 22, of this constitution, shall

14 be elected for a tern of four years. If the office is made

15 appointive, the State Board of Elementary and Secondary Education

16 and the Board of Regents shall make the appointment. He shall be

17 the administrative head of the Department of Education and the

18 Board of Regents and shall implement the policies of the State

19 Board of Elementary and Secondary Education and the Board of

20 Regents and the laws affecting schools under their jurisdiction.

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

22 responsibilities of the superintendent shall be provided by law.

23 Section 3. State Board of Elementary and Secondary
-, Education

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

26 Elementary and Secondary Education is created as a body cor-

27 porate. It shall supervise and control the public elementary

28 and secondary schools, post-secondary vocational-technical

29 schools, special schools under Its jurisdiction and shall have

30 budgetary responsibility for all funds appropriated or allo-
3]^ cated by the state for those schools, all as provided by law.

32
33

34



35



The board shall have other powers, duties, and responsibilities
as provided by this constitution or by law, but shall have no
control over the business affairs of a parish or city school
board or the selection or reroval cf its officers and employees.



[379]



D. P-. No. 98



First Enrollment

D. P. No. 98



1 CB) Membership; Terras. The board shall consist of eight

2 members elected from single-member districts which shall be

3 determined by law and three members appointed by the governor
^ from the state at large, with consent of the Senate. Members

5 shall serve overlapping terms of six years, following the

6 initial terms which shall be fixed by law.

7 (C) Vacancy. A vacancy in the office of an elected member,

8 if the remaining portion of the term is more than one year,

9 shall be filled for the remainder of the term by election, as

10 provided by law. Other vacancies shall be filled for the re-
\l mainder of the term by appointment by the governor.

12 Section 4. Approval of Private Schools

13 Section A. Upon application by a private elementary,
lA secondary, or proprietary school with a sustained curriculum

15 or specialized course of study of quality at least equal to

16 that prescribed for similar public schools, the State Board of

17 Elementary and Secondary Education shall approve the private

18 school, A certificate issued by an approved private school

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

20 school,

21 Section 5. Board of Regents

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

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

24 and have budgetary responsibility for all public higher educa-

25 tion and shall have other powers, duties, and responsibilities

26 provided in this Section or by law.

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

28 members who shall be appointed by the governor, with consent

29 of the Senate from the state at large, and eight members who

30 shall be elected from single-member districts to be determined

31 by the legislature. All members shall serve overlapping terms

32 of six years, following the initial terms which shall be fixed

33 by law.

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



35



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



1 term by appointment by the governor, with consent of the Senate.

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

3 Board of Elementary and Secondary Education at least twice a

4 year to coordinate programs of public elementary, secondary,

5 vocational-technical, career, and higher education. The Board

6 of Regents shall have the following powers, duties, and respon-

7 sibilities relating to public institutions of higher education:

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

9 department of instruction, division, or similar subdivision.

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

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

12 division.

13 (3) To study the need for and feasibility of any new

14 institution of higher education, including branches of insti-

15 tutlons and conversion of two-year institutions to institutions

16 offering longer courses of study. If the creation of a new

17 institution, or a management board for an institution or group

18 of institutions is proposed, addition of another management

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

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

21 port its written findings and recommendations to the legisla-

22 ture within one year. Only after the report has been filed,

23 or, after one year if no report is filed, may the legislature

24 take affirmative action on such a proposal and then only by

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

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

27 for higher education. As a miniraura, the plan shall include

28 a formula for equitable distribution of funds to the institu-

29 tions of higher education.

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

31 submit to it, at a time it specifies, an annual budget proposal

32 for operational needs and for capital needs of each institution

33 under the control of each board. The Board of Regents shall
3^ submit its budget recommendations for all institutions of

33 higher education in the state. It shall recommend priorities



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[380]



First Enrollment



D. P. No: 98



D. P. No. 98



1 for capital construction and improvements.

2 Section6. Boards ; Membership ; Compensation

3 Section 6. (A) Dual Membership. No person shall be
i^ eligible to serve simultaneously on nore than one board

5 created by or pursuant to this Article.

6 (B) Compensation. A member of a board created by or pur-

7 suant to this Article shall serve vlthout pay, but per diem

8 and expenses may be provided by lav.

9 Section 7. Parish School Boards; Parish Superintendents

10 Section 7. (A) Boards. The legislature shall create

11 parish school boards and provide for the election of their

22 members.

23 (B) Superintendents. Each parish board shall elect a

14 superintendent of parish schools. The State Board of Ele-

15 mentary and Secondary Education shall fix the qualifications

16 and prescribe the duties of the parish superintendent. He

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

18 Section 8. Existing Boards and Systems Recognized;

19 Consolidation

20 Section 8. (A) Recognition. Parish and city school

21 board systems in existence on the effective date of this con-

22 stitution are recognized , subject to control and supervision

23 by the State Board of Elementary and Secondary Education and
2^ the power of the legislature to enact laws affecting them.

25 (B) Ouachita Parish and Monroe City School Systems; Board

25 Membership. Only persons residing within the jurisdiction of

27 the Monroe City School Board shall be eligible to vote for

23 or be members of the Monroe City School Board. Only persons

29 residing in that portion of Ouachita Parish outside the

UQ jurisdiction of the Monroe City School Board shall be eligible

31 to vote for or be members of the Ouachita Parish School Board.

32 The position of a member of either board shall be vacated

33 when he no longer satisfies the requirements of this Para-

3^ graph. Notwithstanding any contrary provision of this consti-

35 tution, this Paragraph shall become operative upon the election



1 of members to the Ouachita Parish School Board taking office

2 in 1977 or upon the first reapportionment affecting the

3 Ouachita Parish School Board, whichever occurs earlier.

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

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

6 held for that purpose, any two or more school systems may be

7 consolidated as provided by law.

6 Section 9. Appropriations; State Boards

9 Section 9. The legislature shall appropriate funds for

10 the operating and administrative expenses of the state boards

11 created by or pursuant to this Article.

12 Section 10. Appropriations; Higher Education

13 Section 10. Appropriations for the institutions of higher
2^ education and post-secondary vocational-technical training and
jc career education shall be made and administered as provided by



16



17



18



Section 11. Funding ; Apportionment

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



19 appropriate funds to supply free school books and other materials

20 of instruction prescribed by the State Board of Elementary and

21 Secondary Education to the children of this state at the ele-

22 mentary and secondary levels.

23 (B) Minimum Foundation Progran. The legislature shall

24 appropriate funds sufficient to insure a minimum foundation

25 program of education in all public elementary and secondary

26 schools. The funds appropriated shall be equitably allocated

27 to parish and city school systems according to formulas adopted

28 by the State Board of Elementary and Secondary Education and

29 approved by the legislature prior to making the appropriation.

30 (C) Local Funds. Local funds for the support of elementary

31 and secondary schools shall be derived from the following

32 sources:

33 First: Each parish school board, Orleans Parish excepted,
3-', and each municipality or city school board actually operating,
35 maintaining , or support ir.g a separata syste-^ of public schools ,



Page 5



[381]



First Enrollment



D. B. No. 98

shall levy annually an ad valoren naintienance tax not to exceed
five mills on the dollar of assessed valuation on property sub"-

3 ject to such taxation within the parish or city, respectively.

4 Second: The Orleans Parish School Board shall levy annually

5 a tax not to exceed thirteen nills on the dollar of the assessed

6 valuation of property within the city of New Orleans assessed

7 for city taxation, and shall certify the amount of the tax to

8 the governing authority of the city. The governing authority

9 shall have the tax entered on city tax rolls. The tax shall be

10 collected in the manner, under the conditions, and with the

11 interest and penalties prescribed by law for city taxes. The

12 money thus collected shall be paid daily to the Orleans Parish

13 School Board.

14 Third: For giving additional support to public elementary

15 and secondary schools, any parish, school district, or sub-
15 school district, or any municipality or city school board
Ij which supports a separate city system of public schools may

18 1^^ 3n ad valorem tax for a specific purpose, when authorized

j^g by a majority of the electors voting in the parish, municipality,

2Q district, or subdistrict in an election held for that purpose.

22^ The amount, duration, and purpose of the tax shall be in accord

22

with any limitation imposed by the legislature.

^^ C') Municipal School Systems. For the effects and purposes

24 of this Section, the municipalities of Monroe in Ouachita Parish,

25 and Bogalusa in Washington Parish, and no others, shall be re-

26 garded and treated as parishes and shall have the authority

27 granted parishes.

28 Section 12. Tulane University

29 Section 12. The Tulane University of Louisiana in New

30 Orleans is recognized as created and to be developed in accor-
3j^ dance with Act No. 43 approved July 5, 1884."

32 2- (B) If alternative Proposition No. 2A concerning educa-

22 tlon boards is not approved by the electors hut the proposed

34 constitution is approved by the electors then no change shall

35 he r.ade therein.



Constitutional Convention of Louisiana of 1973

D. P. No. 99

1 DELEGATE PROPOSAL No. 99—

2 Introduced by Delegates Vick, Abraham, Aertker, Alex-

3 ander, Arnette, Asseff, Avant, Badeaux, Bel, Bergeron, Bol-

4 linger, Brown, Carmouche, Casey, DeBlieux, Dennery, Den-

5 nis, Derbes, Duval, Elkins, Flory, Fulco, Giarrusso, Goldman.
g Grier, Guariaco, Hardee, Haynes, A. Jackson, J. Jackson,

7 Jones, Juneau, Landrum, A. Landry, E. J. Landry, Leithman,

8 McDaniel, Maybuce, Miller, Riecke, Roemer, Roy, Sandoz,

9 Schmitt, Shannon, Singletary, Soniat, Stagg, Stovall, Suther-

10 land, Tapper, Thistlethwaite, Tobias, Velazquez, Warren,

11 Wisham and Zervigon :

12 A PROPOSAL

13 To provide with respect to an alternative provision relative

14 to the Judicial Branch.

15 Be it adopted by the Constitutional Convention of Lou-

16 isiana of 1973 :

17 Section 1. Section 26 of Article V as set forth in Com-

18 mittee Proposal Number 21 as finally enrolled, being Section

19 27 of said Article V as originally adopted by this convention

20 is hereby deleted from said proposal.

21 Section 2. There shall be placed on the ballot submitted

22 to the people for the ratification of the proposed new con-
28 stitution, as an alternative, the following propositions:

24 □ 2A. FOR authorizing the attorney general to institute,

25 prosecute, or intervene in both civil and criminal

26 suits to protect the interests of the state.

27 □ 2B. FOR authorizing the attorney general to institute,

28 prosecute, or intervene in only civil suits to pro-

29 tect the interests of the state.

80 Section 3. (A) If Alternative Proposition No. 2A authori-

81 zing the attorney general to institute, prosecute, or intervene

82 in both civil and criminal suits to protect the interests of

Page 1



\



[382]



D. P. No. 99

J the state is approved by the electors and if the proposed

2
3



constitution is approved by the electors, then the following
section shall become Section 26 of Article V of the new
constitution :

"ARTICLE VI. JUDICIAL BRANCH



4
6

6 * • *

7 Section 26. Attorney General; Qualifications; Powers and

8 Duties ; Vacancies

9 Section 26. The attorney general and the assistants shall

10 be learned in the law and shall have actually resided and

11 practiced law, as duly licensed attorneys, in the state for

12 at least five years preceding their election and appointment.

13 They, or one of them, shall attend to, and have charge of

14 all legal matters in which the state has an interest, or to

15 which the state is a party, with power and authority to

16 institute and prosecute or to intervene in any and all suits

17 or other proceedings, civil or criminal, as they may deem

18 necessary for the assertion or protection of the rights and

19 interests of the state. They shall exercise supervision over

20 the several district attorneys throughout the state, and per-

21 form all other duties imposed by law.

22 In case of a vacancy in the office of attorney general,

23 the first assistant attorney general shall perform the duties

24 of the attorney general until his successor shall have been

25 duly elected and qualified."

26 (B) If Alternative Proposition No. 2B authorizing the at-

27 torney general to institute, prosecute, or intervene in only

28 civil suits to protect the interests of the state is approved

29 by the electors and if the proposed constitution is approved

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

31 tion 26 of Article V of the new constitution :

32 "ARTICLE V. JUDICIAL BRANCH

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D. P. No. 99

* * *

Section 26. Attorney General ; Powers and Duties
Section 26. The attorney general shall be the chief legal
officer of the state. As necessary for the assertion or pro-
tection of the rights and interests of the state, the attorney
general may

(1) institute and prosecute or intervene in any civil action
or proceeding ;

(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
and subject to judicial review, supersede any attorney rep-
resenting the state in any civil or criminal action.

He shall have other powers and perform other duties
authorized by this constitution or provided by law."



Page 3



[383]



Constitutional Convention of Louisiana of 1973

D. P. No. 100 1

1 DELEGATE PROPOSAL No. 100— 2

£ Introduced by Delegates McDaniel, Elkins Goldman, O'Neill 3

g Asseff, Cowen, Gauthier, Champagne, Avant, Bel, Grier, 4

4 Drew, Shannon, Ullo, Leigh, Bollinger, Sutherland, Sandoz, 5

g A. Landry, Aertker, Hardee, Brown, Perkins, Hernandez,

g Smith, Alario, Fontenot, Winchester, Miller, Jones, Zervigon, 7

rj Roemer, Fulco, Henry, Planchard, E. J. Landry, Arnette, g

g Velazquez, Schmitt, Cannon, Leithman, LeBleu and Single- 9

tary: 10

10 A PROPOSAL 11

11 To provide with respect to an alternative provision relative 12
If to the Executive Branch prohibiting a person elected as 18
18 governor from being his own immediate successor. 14

14 Section 1. There shall be placed on the ballot submitted to 15

15 the people for the ratification of the proposed new consti- 16
1(5 tution, as an alternative, the following propositions: 17

17 A. FOR permitting the governor to serve two consecutive 18

18 terms. 19

19 B. AGAINST permitting the governor to serve two con- 20

20 secutive terms. 21

21 Section 2. (A) If Alternative Proposition No. A permitting 22

22 the governor to serve two consecutive terms is approved 23

23 by the electors and if the proposed constitution is approved, 24

24 then no change shall be made therein. 25

25 (B) If Alternative Proposition No. B prohibiting the gov- 26

26 ernor from, serving two consecutive terms i- approved by 27

27 the electors and if the proposed constitution is approved by 28

28 the electors, then Section 3(A) as set forth in Committee 29

29 Proposal Number 4 shall be null, void, and of no effect, 30

80 and shall be deemed stricken from the proposed constitution 31

81 and the following shall become Section 3(A) of Article IV ?•:>

82 of the new constitution:

Page 1



D. P. No. 100

"ARTICLE IV. EXECUTIVE BRANCH

« * *

Section 3. Election and Terms

Section 3. (A) The governor, lieutenant governor, secre-
tary of state, attorney general, commissioner of agriculture,
commissioner of elections, commissioner of insurance, su-
perintendent of education, and treasurer shall each be elect-
ed for a term of four years by the electors of the state, at
the time and place of voting for members of the legislature.
After the first election of state officials following adoption
of this constitution, no person shall be eligible as a candi-
date for nomination, election, or reelection to the office of
governor for the term immediately following the term to
which he was elected as governor; however, this provision
shall not apply to the governor in office at the time of the
adoption of this constitution, who shall be subject to law in
effect at the time of his election."



Page 2



[384]



Constitutional Convention of Louisiana of 1973

D. P. No. 101

1 DELEGATE PROPOSAL No. 101 —

2 Introduced by Delegates Stagg, Roemer, Smith, Sutherland,

3 Asseff, Casey, Abraham, Zervigon, Aleaxander, Kean, Fulco,

4 Bollinger, Bel, Dennery, Duval, Thistlethwaite, De Blieux,

5 Sandoz, Velazquez, Jones, Conroy, J. Jackson, Drew, Har-

6 dee, Grier, Elkins, Dennis, Champagne, A. Landry, Miller,

7 Kilbourne, Warren, Vick, Jack, A. Jackson, Newton, Derbes,

8 Schmitt, Lanier and Shannon :

9 A PROPOSAL

10 To provide with respect to an alternative provision relative

11 to Revenue and Finance.

12 Be it adopted by the Constitutional Convention of Louisi-

13 ana of 1973:

14 Section 1. There shall be placed on the ballot submitted to

15 the people for the ratification of the proposed new constitu-
15 tion, as an alternative, the following propositions:

17 2A. FOR permitting local option property taxation assess-

'} g ment and homestead exemptions.

19 2B. AGAINST permitting local option property taxation

20 assessment and homestead exemptions.

21 Section 2. (A). If alternative Proposition No. 2A concern-

22 i"g local option property taxation assessment and home-
28 stead exemption is approved by the electors and if the

24 proposed constitution is approved by the electors, then the

25 following sections shall become Sections 1 and 3 of Article

26 XI of the new constitution and Sections 1 and 3 of Article

27 XI as set forth in Committee Proposal Number 26 shall be

28 null, void and of no effect and shall be deemed stricken from

29 the proposed constitution.

80 "ARTICLE XI. REVENUE AND FINANCE

81 * • •

88 Section 1. Assessment of Property; Classifictation; Asses-
Page 1



D. P. No. 101

1 sors; Right of Taxpayer; Exemptions from Ad Valorem

2 Property Taxation

3 Section 1. (A) Assessments. All property subject to ad

4 valorem taxation shall be listed on the assessment rolls at its

5 assessed valuation which shall be a percentage of its fair
g market value.

7 (B) Classification. All property subject to ad valorem taxa-



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