Louisiana. Constitutional Convention (1973).

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

. (page 56 of 65)
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tees. No Vice-chairman shall have a vote on the committee
Co which he is assigned and shall not be counted for the
purpose of obtaining a quorum.

Secretary
Rule No. 22. Duties . The Secretary shall:

A. Exercise responsibility for the accuracy of Che
Convention Journal of Proceedings, and the daily publica-
tion and distribution of the Journal;

B. Keep a verbatim written record and a sound record-
ing of all proceedings of the Convention and of the Com-
mittee of the Whole;

C. Prepare a daily calendar of business and notices
of schedules of all committee meetings;

D. Receive, reproduce, number, and distribute all
resolutions, delegate and committee proposals;

E. Read to the Convention all proposals, resolutions,
petitions, memorials and communications;

F. Exercise responsibility for roll calls of the
delegates ;

G. Attest where necessary all official documents of
the Convention;

H. Preserve and safeguard all original copies of official *"
documents and be responsible for Che preservation of all *'

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proceedings of the Convention and its commiccees, and see
that all records are properly preserved in archives of the
state;

I. Serve as a member of the Executive Conmictee;

J. Perform such other duties as may be designated by
the Chairman or the Executive Committee.

Rule No. 23. Delegation of Secretary's Duties to Chief
Clerk . Except for certification of official acts, documents 35
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and vouchers, and service on the Executive Committee, the
Secretary may delegate his duties Co the Chief Clerk, sub-
ject to supervision by the Secretary.
The Treasurer
Rule No. 24. Duties . The Treasurer shall:

A. Exercise responsibility for the accuracy of the
Convention's financial records and the monthly distribution
of financial statements to the delegates of the Convention;

B. Co-sign, with the Convention Chairman, all warrants
and/or checks;

C. Serve as custodian of all Convention financial
records;

D. Assist in the preparation of the Convention's budget;

E. File quarterly audits and the final audit of financial
records with the State Treasurer, Clerk of the House of Repre-
sentatives and the Secretary of the SenaCe;

F. Make financial records of the Convention available for
audit to Che Louisiana Legislative Auditor quarterly and at
the end of the Convention;

G. Serve as a member of the Executive Committee, and carry
out such other duties as may be assigned by Che Chairman.

Chief Clerk
Rule No. 25. Dudes . The Chief Clerk:

A. Shall not be a delegate to the Convention;

B. Shall perform general administrative duties of the
Convention subject to supervision of the Chairman, and when
he assumes the duties of the Secretary as provided in Rule
No. 22, he shall do so under the supervision of thd Secretary;

C. Shall be answerable to the entire Convention for
faithful execution of hife duties and the smooth functioning
of the Convention In assembly as a deliberative body;

D. Shall serve as Parliamentarian of the Convention

and shall be advisor and counsel to the Chairman and committee
chairman on all matters of parliamentary procedure; however,
all parliamentary rulings shall be the responsibility of.
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1 and shall be made by, the Chairman.

2 Sergeant-at-Anns

3 Rule No. 26. Duties . The Sergeant-at-Arms shall:

4 A. Attend the Convention during its sitting, to execute

5 commands as directed to him by the chairman, including sign-

6 ing for and delivery of correspondence addressed to delegates;

7 B. Maintain order in the Convention Hall and execute

8 Rules of the Convention concerning admission to the floor ;

9 C. Maintain order at committee hearings and assist
10 committee chairmen in their duties.

IX D. Exercise supervisory control over his assistants,

12 subject to direction of the chairman.

13 CHAPTER 3

14 D elegates

15 Rule No. 27. Delegates Oath . No delegate shall be

16 qualified to serve unless and until he has taken the pre-

17 scribed oath.

18 Rule No. 28. Recognition In Debate , l^en any delegate

19 desires to speak in debate or present any matter to the

20 Convention, he shall rise and address himself to the chair.

21 He shall not speak until recognized, and when recognized,

22 he shall confine himself to the question under debate.

23 Rule No. 29. Transgression of Rules . If any delegate
2A in speaking or otherwise, transgresses the rules of the

25 Convention, the chairman shall call the delegate to order;

26 in which case the delegate shall sit down and shall not

27 proceed without leave of the chairman or the Convention.

28 Rule No. 30. Limits on Debate . Delegates shall not

29 speak more than once to the same question, nor more than

30 fifteen minutes, without leave of the Convention,

31 unless the delegate is the mover, proposer or introducer

32 of the matter pending, in which case, either the delegate

33 and/or his designees shall be permitted to speak in reply,
3A but not until every delegate choosing to speak shall have
35 spoken, except where the previous question or the previous

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1 question on the entire subject matter has been ordered.

2 When the previous question has been ordered, the mover,

3 proposer or introducer shall nonetheless have the right
A to speak or reply as provided in Rule No. 76. The time

5 for reply shall not exceed a total of fifteen minutes.

6 Rule No. 31. Prohibited Behavior . No delegate shall

7 walk off of the Convention floor during roll calls, nor

8 shall any delegate in any way impede the business of the

9 Convention by interrupting delegates who are speaking, by

10 use of objectionable language, or by engaging in any way

11 in discourteous conduct.

12 Rule No. 32. Questions of Order . Every question of

13 order shall be decided by the chairman, without debate,

14 subject to an appeal. The chairman may call for the sense

15 of the Convention on any question of order, but when an

16 appeal has been taken from the decision of the chair, any

17 subsequent question of order which may arise from the

18 decision of such appeal by the Convention shall be decided

19 by the chairman without debate, and all appeals therefrom

20 shall also be decided by the Convention without debate.

21 Appeals from any ruling of the chairman shall be affirma-

22 tively put, and to overrule the chairman, shall require the

23 same vote required to suspend the rules. (See Rule No. 85.)

24 Rule No. 33. Answering Roll Calls . Every delegate

25 must be at his desk when a roll call is being taken, and

26 answers to roll calls from other locations on the Conven-

27 tlon floor shall not be counted.

28 Rule No. 34. Absence from Daily Sessions . A delegate

29 may be excused from attendance at daily sessions only with

30 leave from the chairman, and no delegate shall be compensa-

31 ted for a day on which he is absent from Convention sessions.

32 Rule No. 35. Vacancies . By a vote of at least two-

33 thirds of the delegates to the Convention, the seat of a

34 delegate may be declared vacant by the Convention if the

35 delegate has been absent for at least fifteen unexcused.

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1 consecut}ve, opening roll calls. In the event of the

2 death of, or written resignation by a delegate, the seat

3 may be iirinicdiately declared vacant by the Chairman. The
A Chairman shall notify the Governor of any vacancy.

5 Rule No, 36. Votin;; in Person . No person other than

6 the delegate himself will be permitted to vote ^^ ^^ answer

7 any roll call or quorum call,

8 CHAP'i^R A_

9 Proposals

10 Rule No. 37. Proposal . Any original suggestion, prop-

11 osition, or draft intended to become a part of the Con-

12 stitution shall be referred to as a proposal. A proposal

13 Introduced by a delegate shall be designated as a delegate
lA proposal, and a proposal submitted by a committee shall

15 be designated as a committee proposal. An amendment shall

16 be designated as an amendment.

17 Rule No. 38. Resolutions . All matters of genera]

18 convention business, other than proposals intended to be-

19 come a part of the Constitution, shall be proposed through

20 the Instrument of a resolution, which instrument shall be

21 so designated and may be Introduced at any time.

22 A resolution introduced by a delegate shall be designated

23 as a delegate resolution, and a resolution submitted by a
2A committee shall be designated as a committee resolution.

25 Resolutions shall be subject to the same rules of read-

26 Ings , committee referral and adoption as proposals . Resolu-

27 tlons shall contain a short title which shall be reflective

28 of its purpose and substance, and shall comply with the

29 form requirements of Rule No. Al.

30 Rule No. 39. Introduction . A proposal may be InCro-

31 duced by a delegate or delegates or by a committee on behalf

32 of a majority of Its membership.

33 Rule No. AG. Introduction of Committee Proposals .
3A Commi ttee proposals prepared and approved by the several
35 committees of the Convention prior to July 5, 1973, shall

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constitute the first proposals to be introduced in the
Convention and shall be introduced by the chairman of
each committee or his designee.

Rule No. Al. Form of Proposals . Delegate proposals
shall be distinguished from committee proposals and all
proposals shall be separately numbered. All proposals
shall be introduced or submitted in eight copies. All
proposals must be typed, double spaced on 8-1/2-by-lA-inch
paper In a type fare with excellent reproduction qualities.
A margin of one Inch on the left and right side and at the
top and bottom shall be preserved. The lines on each page
shall be numbered consecutively from top to bottom at the
left margin, and the left typing margin shall be two spaces
to the right of the line numbers. Pages commencing with
page two shall be numbered at the top center of the page.
The original of all proposals shall remain in the custody
of the Convention. The secretary shall, as soon as any
proposal is printed, place It on the desks of the dele-
gates. The caption of each proposal shall be substantially
In the following form:
Constitutional Convention of Louisiana of 1973

PROPOSAL



(Coimnittee or Delegate)

Introduced by



(Number)



(Name of Delegate or Committee Chairman)
Each proposal shall also contain a short title stating
concisely the general nature of Its subject matter.

Rule No. A2. Deadline on Proposals . No propos'als may
be Introduced by delegates after the first sixty days fol-
lowing July 5, 1973; committee proposals, however, may be
introduced at any time, provided rules governing procedures
for ddoptlon are followed. Amendments to proposals may be
offered any time.

Rule No. A3. Printing . Each proposal Introduced shall
be Immediately printed and distributed to the delegates and
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shall be available to the general public and other interested j^

parties. No final action may be taken on any proposals until 2

printed copies have been distributed to the delegates for at 3

least forty- eight hours. 4

Rule No. 44. Order of Processing . The order of Conven- 5

tion procedure in processing each proposal shall be as j

follows : 7

A. Introduction, which shall constitute the first g

reading. 9

B. Conmlttee referrals: Committee proposals shall be j^q
referred to the Committee offering the proposal. Delegate ^j^
proposals shall be referred by the Chairman of the Conven- j^j
tion to the appropriate committee based on the subject y^
matter of the proposal. The Chairman shall announce his j^^
referral to the delegates and if no objection is raised, j^j
the proposal shall be referred to the Committee designated j^j
by the Chairman; if objection is raised, the referral shall yj
be made by the Convention. Referrals shall be made the day j^g
following introduction. Committee referral shall commence ^g
the second reading. 20

C. Committee reports. 21

D. Consideration of and voting on the substantive com- 22
mittee report by delegates in general assembly. 23

E. If recommitted, reconsideration by substantive 24
committee or committee of the whole. 25

F. Reference to committee on style and drafting. 26

G. Engrossment, which shall complete the second reading. 27
H. Third reading and final passage. 28
1. Enrollment. 29
J. Referral to Committee on Style and Drafting. jq
K. Convention approval of final styling. y^
L. Final enrollment. 32

Each of the three required readings shall occur on three 33

different days. 34

Rule No. 45. Order of Proposals . When a proposal 35
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is up for third reading and final passage, it shall be
read, debated, and acted upon separately by sections.
Each section shall be considered a separate question for
the purpose of "limits on debate" provided for in Rule
No. 30.

Rule No. 46. Amendments . Amendments shall be sub-
mitted in writing, and a copy of every such amendment
shall be distributed to each delegate before a vote
occurs thereon.

Rule No. 47. Styling and Drafting . When all proposals
have been processed, the entirety of those adopted shall be
sent to the Committee on Style and Drafting for orderly
arrangement in the new proposed Constitution, to the end
that the document shall be properly coordinated and uniform
In style, and such final draft must be approved by a majority
of the delegates to the Convention.

Rule No. 48. Distribution . For the purpose of these
rules "distribution" shall mean that a copy of any document
Is placed on the desk or chair of each delegate.

CHAPTER 5

Committees

Substantive, Procedural and Other

Rule No. 49. Substantive Committees .

The following substantive committees are hereby created:

1. Committee on Bill of Rights and Elections , which
shall consider the Preamble, Bill of Rights, Human Rights,
Obligations of Citizenship, distribution of powers, suffrage
and elections, the amendment process, and future constitu-
tional conventions;

2. Committee on Executive Department , which shall
consider the offices comprising the executive department,
reorganization, term of the Governor and other elected
officials, and Impeachment;

3. Committee on Legislative Powers and Functions , which
shall consider the Legislative Department, apportionment,

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1 qualifications, regular and special sessions;

2 A. Conmittee on Judiciary . v;hich shall consider the

3 judiciary, tenure and selection of judges, the Department
A of Justice, district attorneys, sheriffs, clerks of court

5 and coroners;

6 5. Committee on Local and Parochial Government , which

7 shall consider local and parochial government , horae rule,

8 special districts, consolidation of governments and

9 intergovernmental cooperation;

10 6. Committee on Revenue, Finance and Taxation , which

11 shall consider revenue, finance, taxation, assessors and

12 assessment, exemptions, state debts and management of state

13 funds ;

14 7. Committee on Education and Welfare , which shall

15 consider public education, Board of Regents for Higher

16 Education, welfare, consumer affairs, civil service, labor

17 and industry; and

18 8. Committee on Natural Resources and Environment ,

19 which shall consider public lands, minerals, water resources,

20 wildlife, environmental concerns, recreation and agriculture.

21 Other provisions that may not be covered by the areas

22 of responsibility shown above may be assigned by the Coordi-

23 nating Committee to the appropriate substantive committee.
2A Rule No. 50. Procedural Committees .

25 The following procedural committees are hereby created:

26 1. Committee on Rules, Credentials. Ethics and Schedules .

27 which shall consider rules, credentials of delegates, ques-

28 tions of ethics , press and employees , schedules , calendar,

29 agenda, and shall consider all questions on any procedural

30 disputes referred to it by the Chairman or by the Convention;

31 2. Committee on Style and Drafting , which shall have

32 control over literary style, consistency , arrangement and

33 numbering. The committee shall have authority to rephrase

34 or to regroup proposed language, but shall have no authority

35 to change the sense or purpose of any proposal referred to

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1 it; and

2 3 . Committee on Legislative Liaison and Trnnsitlonal

3 Measures , which shall maintain liaison with the legislative

4 branch and the Louisiana Law Institute and provide for co-

5 ordination of the transition of subject matter from the

6 Constitution to the appropriate statute law.

7 4. Committee on Public Information , which shall con-

8 sider and implement measures to inform the people on the

9 actions , procedures , recommendations and activities of the

10 Convention. It shall plan and implement the report to be

11 given to the voters of Louisiana on the result of the

12 Convention's i..'ork,, and shall direct the effort to obtain

13 approval of the new Constitution and the form and manner

14 of presentation.

15 Rule No. 51. A ppointment of Committees .

15 The selection of delegates to serve on the substantive

17 and procedural committees shall be determined as follows:

18 Within twenty-four hours after the adoption of these rules

19 by the Convention, each delegate shall submit in writing to

20 the Convention the committee or conmiittees in order of

21 preference to which he or she desires to be appointed.

22 A Committee on Committees shall select from among said

23 delegates the delegates to serve on each committee after

24 giving due consideration to the preference of each delegate

25 and based on the qualifications, experience and residence

26 of each delegate so as to provide as nearly as possible a

27 fair and balanced representation on each committee of this

28 Convention.

29 Rule No. 52. Committee on Committees .

30 The Committee on Committees shall be composed of the

31 Chairman of the Convention who shall be chairman of the

32 Committee on Committees and sixteen delegates, with two dele-

33 gates to be elected from each congressional district by

34 the delegates voting in the congressional district in which

35 they resided at the time of qualification or appointment.

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1 Such voting shall be in separate cauc;ises, 1

2 Rule No. 53. Service on Committef s. 2

3 Each substantive and procedural ccmmittee shall be com- 3
A posed of at least ten delegates and no more than twenty. Each 4

5 delegate except the Convention Chairman shall serve on at 5

6 least one and only one substantive committee. Each commit- 6

7 tee shall elect a chairman, vice-chairman, and such other 7

8 officers as the committee deems necessary. 8

9 The Chairman of the Convention shall be ex officio a 9

10 member of all substantive committees, but shall have no 10

11 vote and shall not be counted for the purpose of obtain- 11

12 Ing a quorum. 12

13 Rule No. 54. Coordinating Committee . The Coordinating 13

14 Committee shall be composed of the Chairman and First Vice- 14

15 Chairman of the Convention, and the chairmen of the respec- 15

16 tlve substantive committees. The Coordinating Committee 16

17 shall consider any issues regarding omissions, overlap and/or 17

18 conflict which might arise concerning the jurisdiction of 18

19 any substantive committee or any subject matter; call joint 19

20 meetings of any substantive committees for the purpose of 20

21 discussing any omissions, overlap and/or conflict which might 21

22 arise and make recommendations to the respective substan- 22

23 tive coimni ttees as to possible resolution thereof. 23

24 Rule No. 55. Other Committees . The Convention shall 24

25 have authority to create other committees, including special 25

26 advisory committees, as it deems necessary, and all sub- 26

27 stantive commi ttees may create such sub-committees as each 27

28 deems necessary , provided that all such sub-committees 28

29 shall be created only by a majority vote of the creating body. 29

30 Rule No. 56. Proposals . The various articles of the 30

31 proposed draft of a Constitution shall be prepared under 31

32 the direction and supervision of the respective substantive 32

33 committees. The research staff shall be assigned to the 33
3^ respective committees by the Chairman of the Convention 34
35 after consultation with the chairman of the committee to 35

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which the staff will be assigned.

Committee Hearings

Rule No. 57. Quorum and Rules _ o _ f Committees . A majority
of any committee constitutes a quorum, but the question of
the presence of a quorum of a committee may not be raised on
the consideration of a proposal before the Convention, unless
the question has been raised before the committee. The rules
of the Convention shall be observed in all committees as far
as may be applicable, and, if applicable, may not be sus-
pended.

Rule No. 58. A. Public Hearings, Records . No committee
shall sit during sessions of the Convention or of the Commit-
tee of the Whole without special leave of a majority of
Convention delegates present and voting. All committee
hearings shall be publicized, shall be open to the public,
and may be recorded verbatim, including the testimony of
those wishing to be heard. Minutes of the committee meeting;
shall be recorded. All committees shall, and are hereby
authorized to, hold public hearings either as a committee
or through a designated sub-committee, said hearings to be
conducted at such localities throughout the State as the
committee may designate.

B. Appearance of Delegates or Witnesses . Any person
wishing to be heard before a committee shall have a right
to be heard subject to the rules of that committee.

C. Committees and sub-commi ttees may take testimony
under oath or affirmation, and the chairman of any committee
or sub-committee is authorized to administer the oath.

Rule No. 59. Calling of Committees and Agenda . Each
committee shall meet at the call of its chairman, who shall
also set its agenda. One-third of the members of a commit-
tee may in writing request the chairman to call a meeting
of that committee, and, upon his failure to do so within
forty-eight hours not Including Saturdays, Sundays, and
legal holidays, a majority of the members of the committee
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shall have the right to call a meeting of the committee and
Bet its agenda and place of meeting under tlie appropriate
notice requirements. Each proposal referred to a committee
must appear on the committee's agenda at least once.

Rule No. 60. Reports . All proposals submitted to a
substantive committee shall be reported from that committee
Indicating committee action provided that a majority of the
committee membership present and voting must approve the
committee report; a minority report may also be made by any
member of a substantive committee.

Rule No. 61. Form of Reports . The chairman of a
substantive committee shall write after each proposal or
resolution only the words "reported favorably," "reported
unfavorably," "reported with amendments," "reported without
action," "reported without action with recommendation that
it be recommitted to the Committee on ," "reported



by substitute," as the case may be, which report shall be
signed by the chairman. Should amendments be proposed,
such amendment or amendments shall be written on a separate
paper, original and two copies, numbered consecutively, and
attached to the proposal or resolution, and under no circum-
stances shall words or sentences be interlined on the body
of the measure, and the same be marked while in possession
of com-nittees.

Rule No. 62. Notice of Committee Meetings . A. No
committee meetings may be held unless notice thereof is
given in the following manner: The chairman of the committee
or the members of the committee calling the meeting hall
notify the Secretary of the Convention of the time, date, and
place of the committee meeting. Within twenty-four hours thereafter 30
the Secretary shall mail notices of such meeting to all members 31



Online LibraryLouisiana. Constitutional Convention (1973)Records of the Louisiana Constitutional Convention of 1973 (Volume 4) → online text (page 56 of 65)