Louisiana. Constitutional Convention (1973).

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

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g tion shall be assessed at fifteen percent of its fair market

9 value; however, upon adoption of an ordinance by the gov-

10 erning authority of any parish and with subsequent approval

11 by the legislature, the percentage in any parish may be in-

12 creased to twenty-five percent or decreased to ten percent

13 of fair market value.

14 (C) Valuation. Each assessor shall determine the fair

15 market value of all property subject to taxation within his
Ig parish or district, except public service properties, which
17 shall be valued at fair market value by the Louisiana
Ig Tax Commission. Fair market value and use value of prop-
19 erty shall be determined in accordance with criteria which
2Q shall be established by the legislature.

21 (D) Review. The correctness of assessments by the asses-

22 sor shall be subject to change by the parish governing au-

23 thority, then by the Louisiana Tax Commission, and finally

24 by the courts in accordance with procedures established by

25 law.

26 (E) Use Value. Bona fide agricultural, horticultural,

27 marsh, and timber lands, as defined by general law, shall be

28 assessed for purposes of taxation at a percentage of use

29 value rather than fair market value, as provided in Para-

30 graph (B) hereof.

31 (F) Reappraisal. All property subject to taxation shall be

32 reappraised and valued in accordance with the provisions of

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[385]



D. P. No. 101

1 this Section at intervals of not more than four years.

2 (G) Multi-parish Districts. A board of assessors is
o created for each multi-parish district in which the assessed
A value of property of one of the parishes differs from any
5 other to be composed of the assessor of each parish or part
g of a parish which is included within the boundaries of a
rj multi-parish district. Such board of assessors for each
g multi-parish district shall determine the fair market value
g of all taxable property within the boundaries of said district

iQ and shall assess all property within the boundaries of such

11 multi-parish district equally and uniformly and at the per-

19 centage of fair market value fixed by the governing au-
1 Q thority of each multi-parish district.

24 (H) Enforcement. The state treasurer shall disburse

J5 funds out of the state revenue sharing fund to the several

ig local agencies only after the Louisiana Tax Commission has

JY certified that assessments in each parish fall no more than

Ig ten percent below the legal assessment ratio for the parish.

29 Local agencies where assessments fall more than ten per-

20 cent below the legal ratio shall receive only that proportion

21 of revenue sharing funds that the assessment ratio in their

22 parish represents of the legal assessment ratio for the par-

23 ish. A period of three months will be allowed in which par-

24 ish assessments may be brought into full conformity with

25 the legal ratio, after which the withheld revenue shall be

26 paid the respective local agencies. Thereafter, if such ad-

27 justments are not made, the funds shall revert to the state

28 general fund.

29 * • •

30 Section 3. Homestead Exemption

31 Section 3. (A) Homeowners. (1) The bona fide home-

32 stead, consisting of a tract of land or two or more tracts

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D. P. No. 101

1 of land with a residence on one tract and a field, pasture, or

2 garden on the other tract or tracts, not exceeding one hun-

3 dred sixty acres, buildings and appurtenances, whether

4 rural or urban, owned and occupied by any person, shall be

5 exempt from state, parish, and special ad valorem taxes

6 to the extent of three thousand dollars of the assessed valua-

7 tion.

8 (2) By the law enacted by two-thirds of the elected mem-

9 bers of each house, the legislature may increase this home-

10 stead exemption to an amount which shall not exceed five

11 thousand dollars of the assessed valuation.

12 (3) The homestead exemption of veterans of the armed

13 forces of the United States, honorably discharged or sep-

14 arated from such services or other persons who served in

15 said armed forces, as defined by general law, and of persons

16 sixty-five years of age or older shall be five thousand dol-

17 lars of the assessed valuation.

18 However, if the percentage of fair market or use value

19 is changed in any parish as authorized in Paragraph (B)

20 of Section 1 of this Article, the value of the homestead ex-

21 emption for all eligible homeowners shall be adjusted to com-

22 pensate for the change.

23 (4) The homestead exemption shall extend to the surviv-

24 ing spouse or minor children of a deceased owner and shall

25 apply when the homestead is occupied as such and title to

26 it is in either husband or wife but not to more than the

27 full stead owned by the husband or wife.

28 (5) This exemption shall not extend to municipal taxes.

29 However, the exemption shall apply (a) in Orleans Parish,

30 to state, general city, school, levee, and levee district taxes

31 and (b) to any municipal taxes levied for school purposes.

32 (B) Residential Lessees. Notwithstanding any contrary

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D. P. No. 101
provision in this constitution, the legislature may provide
for tax relief to residential lessees in the form of credits or
rebates in order to provide equitable tax relief similar to that
granted to homeowners through homestead exemptions."

2. (B) If Alternative Proposition No. 2A concerning local
option property taxation assessment and homestead exemp-
tions is not approved by the electors but the proposed con-
stitution is approved by the electors then no change shall
be made therein.



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Constitutional Convention of Louisiana of 1973

D. P. No. 102

1 DELEGATE PROPOSAL No. 102—

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

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

4 linger. Brown, Carmouche, Casey, De Blieux, Dennery, Den-

5 nis, Derbes, Duval, Elkins, Flory, Fulco, Giarrusso, Goldman,
g Grier, Guarisco, Hardee, Haynes, A.Jackson, J.Jackson,
7 Jones, Juneau, Landrum, A.Landry, E.J. Landry, Leithraan,
3 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 isianaof 1973:

17 Section 1. Section 8 of Article IV as set forth in Com-

18 raittee Proposal Number 4 as finally enrolled is hereby de-

19 leted from said proposal.

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

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

22 stitution, as an alternative, the following propositions:

23 D 2A. FOR authorizing the attorney general to institute,

24 prosecute, or intervene in both civil and criminal

25 suits to protect the interests of the state.

26 n 2B. FOR authorizing the attorney general to institute,

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

28 tect the interests of the state.

29 Section 3. (A) If Alternative Proposition No. 2A authoriz-

30 ing the attorney general to institute, prosecute, or intervene

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

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

Pace 1



[387]



D. P. No. 102

1 constitution is approved by the electors, then the following

I section shall become Section 8 of Article IV of the new

g constitution :

4 "ARTICLE IV. EXECUTIVE BRANCH

K * • *

6 Section 8. Attorney General; Qualifications; Powers and

7 Duties; Vacancies

8 Section 8. The attorney general and the assistants shall

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

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

11 at least five years preceding their election and appoint-
18 ment. They, or one of them, shall attend to, and have
18 charge of all legal matters in which the state has an in-

14 terest, or to which the state is a party, with power and

15 authority to institute and prosecute or to intervene in any
18 and all suits or other proceedings, civil or criminal, as they

17 may deem necessary for the assertion or protection of the

18 rights and interests of the state. They shall exercise su-

19 pervision over the several district attorneys throughout the

20 state, and perform all other duties imposed by law.

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

22 the first assistant attorney general shall perform the duties
28 of the attorney general until his successor shall have been

24 duly elected and qualified."

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

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

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

28 by the electors and if the proposed constitution is approved

29 by the electors, then the following section shall become

80 Section 8 of Article IV of the new constitution :

81 "ARTICLE IV. EXECUTIVE BRANCH
32 * * •

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D. P. No. 102

Section 8. Attorney General; Powers and Duties
Section 8. There shall be a Department of Justice, headed
by the attorney general, who shall be the chief legal officer
of the state. The attorney general shall be elected for a
term of four years at the state general election. The assis-
tant attorneys general shall be appointed by the attorney
general to serve at his pleasure.

As necessary for the assertion or protection of any right
or interest of the state, the attorney general may

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

(2) advise and assist, upon the written request of a dis-
trict attorney, in the prosecution of any criminal case; and

(3) for cause, when authorized by the court which would
have original jurisdiction and subject to judicial review,
(a) institute, prosecute, or intervene in any criminal action
or proceeding, or (b) supersede any attorney representing
the state in any civil or criminal action.

The attorney general shall exercise other powers and per-
form other duties authorized by this constitution or by law."



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[388]



Constitutional Convention of Louisiana of 1973

D. P. No. 103

1 DELEGATE PROPOSAL No. 103—

2 Introduced by Delegates Elkins, Grier, Toca, Flory, Asseff,

3 Weiss, Cowen, Vick, Jones, E. J. Landry, Carmouche, Har-

4 dee, Winchester, Dennis, Planchard, Conroy, Wisham, Anza-

5 lone, Morris, Goldman, Smith, Conino, Willis, Heine, Tobias,
g Sergura, Ullo, Guarisco, Cannon, Deshotels and Kilbourne:
7 A PROPOSAL

g To provide with respect to an alternative provision relative

9 to the Legislative Branch

20 Be it adopted by the Constitutional Convention of Lou-

11 isiana of 1973:

J2 Section 1. There shall be placed on the ballot submitted

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

14 stitution, as an alternative, the following proposition :

15 n 2A. FOR reducing the number of days within which

16 legislative sessions may be held.

17 □ 2B. AGAINST reducing the number of days within
Ig which legislative sessions may be held.

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

20 '"K the legislature and the legislative sessions is approved

21 by the electors, and if the proposed constitution is approved

22 by the electors, then the following Paragraph shall become

23 Paragraph (A) of Section 2 of Article III of the new con-

24 stitution and Paragraph (A) of Section 2 of Article III .is

25 set forth in Committee Proposal Number 3 shall be null,

26 void and of no effect and shall be deemed stricken from the

27 proposed constitution.

28 "ARTICLE III. LEGISLATIVE BRANCH

29 Section 2. Sessions

30 Section 2. (A) Annual Session. The legislature shall meet

31 annually in regular session in the state capitol for not more

32 than sixty calendar days. The legislature shall convene at

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D. P. No. 103

noon on the second Monday in May. No new matter intended
to have the effect of law shall be introduced or received
by either house after midnight of the fifteenth calendar
day, except by a favorable record vote of two-thirds of
the elected members of each house. No measure levying
a new tax or increasing an existing tax shall be introduced
or enacted during a regular session held in an odd-numbered

year."

* « *

"2(B) if Alternative Proposition No. 2A concerning the

legislature and legislative sessions is not approved by the

electors but the proposed constitution is approved by the
electors then no change shall be made therein."



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[389]



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Constitutional Convention of Louisiana of 1973

Committee Resolution Mo. 1

By Mr. Stagg on Behalf of the Temporary Coriimittee on Rules



1 A RESOLUTION

2 To provide for the standing rules of the Constitutional Conven-

3 tlon.

A BE IT RESOLVED by the Louisiana Constitutional Convention of

5 1973 that the following be adopted as the standing rules of the

6 Convention until other\7ise amended or rescinded as herein pro-

7 vlded:

8 CH APTER 1

9 General Provisions
^Q Quorum and Majori ty

11 Rule No. 1. Call to Order . The Convention shall convene

12 at such time as ordered on the preceding working day by a

13 majority of the delegates and the chairman shall call the

14 Convention to order at that time. If a quorum Is In attend-

15 ance, the Chairman shall cause the Journal of the preceding

16 day to be read unless otherwise ordered by the Convention, to

17 the end that any mistake may be corrected.

18 Rule No. 2. Quorum . Sixty-seven delegates to the Con-

19 ventlon shall constitute a quorum for the transaction of

20 business .

21 Rule No. 3. Roll Call . The secretary shall call the

22 roll at the opening of each session of the Convention and

23 announce whether or not a quorum is present. He shall

2U announce the names of the delegates absent with leave of the

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1 Convention and the names of delegates absent without leave ,

2 and enter the names of all absentees upon the Journal. If

3 a voting machine is provided, the machine shall be used when-

4 ever a roll call or a vote by yeas and nays is directed by

5 or In accordance with these rules.

6 Rule No. A. Quorum Calls . A quorum call may be demanded

7 by any delegate during any session of the Convention. When,

8 upon such call, it is found that less than a quorum is pr.e-

9 sent, the chairman shall order the doors of the Convention

10 closed and direct the secretary to call the roll of the Con-

11 ventlon and to note the names of the absentees. Afte^ such

12 roll call the names of the absentees shall again be called

13 and those for whose absence no excuse, or an insufficient
lA excuse, is made, may, by order of a majority of delegates

15 present, be sent for and taken into custody by the Sergeant-

16 at-Arms , or by his assistants appointed for the purpose,

17 and brought to the floor of the Convention.

18 Rule No. 5. Absence from Convention Service . No delegate

19 shall absent himself from the service of the Convention with-

20 out first obtaining leave of the Convention. A majority of

21 delegates may prescribe penalties for the non-attendance of

22 delegates .

23 Rule No. 6. Absent Delegates . At any time the Conven-

24 tion is in session, whether upon first convening of the day*s

25 session or at any time after the hour has arrived to which the

26 Convention stood adjourned, the chairman is authorized to

27 send the Sergeant-at-Arms for any or all absent delegates as

28 the majority of such delegates present shall agree.

29 Rule No. 7. Expense of Comjp _e_ll_in_ fi At t endance . Any

30 expenses Involved in compelling the presence of an absent

31 delegate shall be borne by such delegate, unless such excuse

32 of non-attendance has been made as a majority of a quorum

33 shall Judge sufficient, In which case the expense shall be
3A paid out of the appropriated funds to the Convention.

35 Admission to Floor

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1 Rule No. 8. Persons Admitted . No person shall be 1

2 admitted on the Convention floor while the Convention is In 2

3 session or during the period five minutes before the time 3

4 set for the convening of each session or the rlod five A

5 minutes after the adjournment of each sessior. , except that 5

6 delegates and members of the Convention staff may remain on 6

7 the floor. Representatives of the news media shall be ad- 7

8 mltted to the floor as provided in Rule 11. Written messages 8

9 may be delivered to the delegates by a sergeant-at-arms from 9

10 persons outside the restricted area. The Convention floor, 10

11 for purposes of these rules, is defined as the entire enclosed n

12 seating area of the delegates. 12

13 Rule No. 9. Restrictions on the Convention Floor . One 13
lA chair shall be allowed each delegate on the convention floor 14

15 and no other chairs shall be permitted in this section. 15

16 Rule No. 10. Special Permission . Special permission to 16

17 sit on the convention floor may be granted by the chairman of 17

18 the Convention to visiting officials of other states or of the 18

19 United States or of foreign countries. 19

20 Rule No. 11. News Media . A designated place in the Con- 20

21 ventlon Hall shall be provided for the news media, who shall 21

22 have free access thereto. Accreditation of members of the 22

23 press and of members of any news media for admission shall be 23

24 administered by the Chairman. No member of the press or of 24

25 any news media shall conduct any interview with a delegate on 25

26 the Convention floor while the Convention is In session. 26

27 Rule No. 12. Administration of Rules . The Chairman of 27

28 the Convention shall provide for the administration' of the 28

29 rules governing admission to the Convention as provided 29

30 herein. 30

31 Rule No. 13. Regulation of Convention Area . The Chair- 31

32 man shall have the regulation and control of such parts of 32

33 the Convention Hall and its passage or any other places of 33

34 general assembly as are or may be set apart for the use of 34

35 the Convention, Its officers and employees. 35

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Rule No. 14. Restrictions on Non-Delegates . No motion
shall be deemed in order to admit any person not a delegate to
the Convention floor to present any petition, memorial or
address , or to read same .

Rule No. 15. Open Meetings . All meetings of the Conven-
tion shall be open Co the public and the news media.
CHAPTER 2
Officers. Employees, and Duties
Officers
Rule No. 16. Convention Officers . The officers of the
Convention shall be a Chairman, who shall be Chairman of the
Convention, a First Vice-Chairman, three Vice-Chairmen, a
Secretary, and a Treasurer. These officers shall constitute
the Executive Committee of the Convention, shall be delegates
to the Convention* and shall each be elected in separate elec-
tions by a majority vote of all of the delegates of the
Convention.

Employees
Rule No. 17. Convention Employees .

A. A Chief Clerk and a Sergeant-at-Arms shall be employed
by the Chainaan of the Convention subject to the approval of

a majority vote of the entire Convention; they shall not be
delegates to the Convention.

B. All other employees, necessary to aid the Convention.
shall be employed by the Executive Committee of the Convention
in accordance with Act 2 of the 1972 Regular Session.

Executive Committee
Rule No. 18. Duties . The Executive Committee shall:
A. Employ a research director, research assistants,
secretarial and/or clerical personnel and such other employees
as It deems necessary, in accordance with provisions of Act 2
of the 1972 Regular Session. The Executive Committee shall be
a committee on administration, which shall consider research
materials and personnel, convention budget and finance and
other administrative details, facilities and physical
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arrangements for the Convention, for coriiiiittee hearings and
for the staff, outside grants and assistance to the Conven-
tion, purchases and rental of equipment, supplies and services,
printing and related matters.

B. Assist the Chairman of the Convention in the assign-
ment of delegates to their seats.

C. Serve as the executive board of the Convention in
all matters requiring official sanction.

D. Assist the Chairman of the Convention in his capacity
as supervisor of the research staff of the Convention.

The Chairman
Rule No. 19. Duties . The Chairman shall be the presiding
officer and the Chief Executive Officer of the Convention,
and as such. Chairman of the Executive Committee. He shall:

A. Preside at sessions of the Convention and exercise the
usual powers and perform the usual duties of a presiding
officer;

B. Preserve order and decorum;

C. Speak to points of order, and subject to an appeal to
the Convention, decide all points of order;

D. Confine delegates in debate to the question, prevent
personal reflections, and determine the order of recognition
when two or more delegates rise at the same time;

E. Designate the First Vice-chairman to preside In his
absence and establish the order of the Vice-Chairmen to preside
in the absence of both the Chairman and the First Vice-Chairman ;

F. Name a delegate to preside as chairman on each occasion
when the Convention sits as a Committee of the Whol'e;

G. Assign, with the assistance of the Executive Committee,
the delegates to their seats, according to congressional dis-
tricts;

H. At the request of at least twenty-seven delegates, a
recorded yea and nay vote shall be ordered by the Chairman;

I. Sign all official documents of the Convention,
attested by the Secretary;

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1 J. Make corrections of the official journal of the

2 Convention, if necessary, attested by the Secretary with

3 notification of any substantive changes being made to the

4 Convention at large;

5 K. Direct the Convention in its official activities,

6 including naming delegates to perform duties connected with

7 the business of the Convention;

8 L. Not engage in debate when sitting as Chairman, nor

9 shall he vote on appeals from his rulings;

10 M. Maintain general control of the Convention Hall,

11 its environs, and all rooms set apart for use of the Con-

12 vention;

13 N. Sign all warrants and/or checks;

14 0- Supervise the Convention staff, provided that he may

15 delegate certain of this function to members of the staff;

16 P. On his own Initiative or at the direction of the

17 Convention appoint such special committees as may be neces-

18 sary to perform special functions.

19 First Vice-chairman

20 Rule No. 20. Duties . The First Vice-Chairman shall serve

21 as First Vice-Chairman of the Convention, and as such, shall:

22 A. Preside as acting Convention chairman, when requested

23 to do so by the Convention Chairman, or In the absence or

24 inability of the Chairman to serve;

25 B. Serve as a member of the Executive Committee of the

26 Convention, and carry out such other duties as are assigned

27 by the Chairman;

28 C. Serve as an ex officio member of the Committee on

29 Rules, Credentials, Ethics and Schedules, but shall have no

30 vote and shall not be counted for the purpose of obtaining

31 a quorum.

32 Rule No. 21. Vice-Chalrmen . The Vice-Chalrmen shall:

33 A. Preside in the absence of the Chairman and the First

34 Vice-chairman in the order established by the Chairman as

35 provided in Rule No. 19E;

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B, Serve as members of the Executive Committee and
carry out such duties as are assigned by the Chairman.

C. The Chairman shall designate Vice-Chairmen to serve
ex officio on each of the three remaining procedural commit-



Online LibraryLouisiana. Constitutional Convention (1973)Records of the Louisiana Constitutional Convention of 1973 (Volume 4) → online text (page 55 of 65)