Louisiana. Constitutional Convention (1973).

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29 interests of all state employees and elected officials.

30 (B) The legislature shall create a board or boards of
81 ethics which shall investigate all allegations of violations of
32 such a code, and shall have such other powers and duties

I'M);.' I I



CC-1054
C. P. No. 4

1 consistent wherewith as may be provided by statute.

2 Section 21. Impeachment

g Section 21. (A) Any state and district official, whether

4 elected or appointed, shall be liable to impeachment for

g commission or conviction of felonies or malfeasance during

f his term of office, or for gross misconduct.

7 (B) All impeachments shall be by the House of Represen-

g tatives, and shall be tried by the Senate, whose members

y shall be upon oath or affirmation for that purpose, and a

10 vote of two-thirds of the senators elected shall be necessary

11 to convict. The Senate may sit for said purpose whether

12 the House be in session or not, and may adjourn as it
IJ thinks proper. Conviction upon impeachment shall result in

14 immediate removal from office and shall prohibit the official

15 from holding any office under the government of this state
Ifl or any of its political subdivisions. Nothing herein shall be

17 punishment authorized by statute.

18 Section 22. Reorganization

19 Section 22. The governor may propose to the legislature,

20 on or before the first day of any session, a plan of re-

21 allocation of the functions, powers, duties, and responsibi-

22 lities of all departments, offices, agencies, and other instru-
28 mentalities of the executive branch, except those functions,

24 powers, duties, and responsibilities allocated by this consti-

25 tution. among and within not more than twenty depart-
28 ments. The legislature, by a majority vote of the elected

27 members of each house, may disapprove such plan, but

28 may not substantively amend it.

29 Section 23. Mandatory Reorganization

30 Section 23. The legislature shall allocate the functions,

31 powers, duties, and responsibilities of all departments, of-

32 fices, agencies, and other instrumentalities of the executive

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CC-1054

C. P. No. 4

branch, except those functions, powers, duties, and respon-
sibilities allocated by this constitution, among and within
not more than twenty departments, such allocation to be-
come operative on or before eighteen months after the effec-
tive date of this constitution. Such legislative allocation
shall not be subject to the governor's veto. Should the leg-
islature fail to make such allocation, the governor within
six months shall effect such allocation by executive order.



Constitutional Convention of Louisiana of 1973
CC-1054

1 Reprinted as Reengrossed

2 COMMITTEE PROPOSAL No. 4 —

3 Introduced by Delegate Stagg, Chairman, on behalf of the

4 Committee on Executive Department, and Delegates Abraham,

5 Alexander, Arnette, Brien, Dennery, Duval, Gravel, Stovall

6 and Tapper:

7 A PROPOSAL

8 Providing for the executive branch of government, for the

9 filling of vacancies in certain public offices, and with re-

10 spect to dual office-holding, a code of ethics, and impeach-

11 ment.

12 Be it adopted by the Constitutional Convention of Louisiana

13 of 1973 :

14 ARTICLE IV. EXECUTIVE BRANCH

15 Section 1. Composition

16 Section 1. (A) The executive branch shall consist of the

17 governor, lieutenant governor, secretary of state, attorney gen-

18 eral, treasurer, and all other executive offices, agencies, and

19 instrumentalities.

20 (B) All offices, agencies, and other instrumentalities of the

21 executive branch of state government and their respective

22 functions, powers, duties, and responsibilities, except for the

23 offices of governor and lieutenant governor, shall be allocated,

24 according to function, within not more than twenty depart-

25 ments.

26 Section 2. Qualifications

27 Section 2. (A) To be eligible for any statewide elective

28 office a person must have attained the age of twenty-five

29 years by the date of his election and be a citizen of the United

30 States and of this state for at least five years immediately

31 preceding the date of his election. He shall hold no other public

32 office, except by virtue of his office, during his tenure in

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C. P. No. 4

1 office.

2 (B) The attorney general shall have been admitted to the

3 practice of law in this state for at least the five years im-

4 mediately preceding his election.

5 Section 3. Elections and Terms

6 Section 3. (A) The governor, lieutenant governor, secretary

7 of state, attorney general, and treasurer shall each be elected

8 for a term of four years by the electors of the state, at the time

9 and place of voting for members of the legislature. A person

10 who has served as governor for more than one and one-half

11 terms in two consecutive terms shall not be elected governor

12 for the next succeeding term.

13 (B) The returns of the election of such officials shall be

14 transmitted to and promulgated by the secretary of state in a

15 manner as shall be provided by statute. The person having

16 the greatest number of votes for each office shall be declared

17 elected.

18 (C) If two or more persons have an equal and the highest

19 number of votes for an office, they shall draw lots to determine

20 the winner. The secretary of state shall arrange for the draw-

21 ing of lots within ten days after the election results are pro-

22 mulgated, and the decision as to the winner shall be final and
28 conclusive.

24 (D) The term of office of each elected official shall begin

25 at noon on the second Monday in March next following the

26 election.

27 (E) No official shall be elected statewide, except as provided

28 by this constitution.

29 Section 4. Compensation

80 Section 4. (A) The compensation of each elected official

81 within the executive branch shall be fixed by the legislature

82 and shall not be increased or decreased for the term for which

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as Reengrossed

CC-1054

C. P. No. 4

1 the official is elected. No state official shall receive a salary

2 in excess of that paid to the governor.

3 (B) The lieutenant governor when acting as governor shall

4 receive the same salary as the governor, and an appointed

5 assistant when acting as an elected official shall receive the

6 same salary as the elected official.

7 Section 5. Powers and Duties of Governor

8 Section 5. (A) Executive Authority. The governor shall be

9 the chief executive officer of the state and shall faithfully

10 support the constitution and laws of the state.

11 (B) Legislative Reports and Recommendations. The govor-

12 nor shall, at the beginning of each regular session of the legis-

13 lature, and may at other times, make reports and recommenda-

14 tions and give information to the legislature concerning the

15 affairs of state, including its complete financial condition.

16 (C) Reports and Information. Any department head shall

17 provide the governor with reports and information, in writ-

18 ing or otherwise, when requested by him on any subject relat-

19 ing to such department, excepting matters relating to in-

20 vestigations of the governor's office.

21 (D) Operating Budget. The governor shall prepare the

22 state's annual operating budget, and shall transmit copies

23 thereof to the legislature at least two weeks prior to the first

24 day of each annual session. Upon adoption of the operating

25 budget by the legislature, it shall become the official state

26 budget ahd shall be executed and administered by the governor.

27 Total appropriations for the year shall not exceed anticipated

28 annual revenues as projected by the governor in the operating

29 budget.

30 (E) Capital Budget. The governor shall prepare annually

31 a five-year capital program and shall submit to each regular

32 session of the legislature a proposed capital budget as provided

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CC-1054

C. P. No. 4

1 by statute implementing the first year of the program. All

2 capital projects approved by the legislature shall be made a

3 part of the capital budget, and the operating budget for each

4 year shall provide for amortization of the cost of each such

5 capital project.

6 (F) Pardon, Commutation, Reprieve, Remission. Except in

7 cases of conviction upon impeachment, the governor may re-
g prieve, may grant commutation of sentence, and may pardon
9 those convicted of offenses against the state and may remit

10 fines and forfeitures imposed for such offenses. In addition,

11 the legislature may provide additional methods for the fore-

12 going and other post-conviction remedies.

13 (G) Signature on Bills; Veto. The date and time when each

14 bill passed by the legislature is delivered to the governor shall

15 be entered thereon. He shall then have thirty calendar days

16 within which to act on it. If he approves, he shall sign it. If

17 he disapproves, he shall veto it, giving his reason therefor, and

18 if the legislature is in session, he shall return it to the house in

19 which it originated within twenty-four hours. If he fails to

20 veto within the time provided by this constitution, it shall

21 become law.

22 (H) Appropriation Bills. (1) The governor may veto any

23 line item in an appropriation bill. The items vetoed shall be

24 void unless the veto is overridden as prescribed for the passage

25 of any bill over a veto.

26 (2) The governor shall either veto line items, or use other

27 means provided in the bill, in order that total appropriations

28 for the year shall not exceed anticipated revenues for the year.

29 (I) Appointments. (1) The governor shall appoint, subject

30 to confirmation by the Senate, the heads of all departments

31 in the executive branch whose election or appointment is not

32 provided for by this constitution and all members of boards

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Reengrossed

CC-1054

C. P. No. 4

1 and commissions in the executive branch whose election or

2 appointment is not otherwise provided for by this constitution

3 or by statute.

4 (2) Should the legislature be in session, the governor shall

5 submit for confirmation by the Senate the names of those
f appointed within forty-eight hours after the appointment is

7 made. Failure of the Senate to confirm, prior to the end of the

8 session, shall constitute rejection of the appointment.

9 (3) Should the legislature not be in session, the governor

10 may make interim appointments, which shall expire at the

11 end of the next session of the legislature, unless submitted to

12 and confirmed by the Senate during such session.

18 (4) A person not confirmed by the Senate shall not be ap-

14 pointed to the same office during any recess of the legislature.

16 (J) Removal. The governor may remove from office those
IJ whom he appoints, except those appointed for a term fixed

17 by this constitution or as may be fixed by statute.

18 (K) Commander-in-Chief. The governor shall be com-

19 mander-in-chief of the armed forces of the state, except when

20 they are called into service of the federal government. He may

21 call out the armed forces of the state to preserve law and order,

22 to suppress insurrection, to repel invasion, or in other times
28 of emergency.

24 (L) Extraordinary Session. (1) The governor may convene

25 the legislature into extraordinary session by issuance of a

26 proclamation to the legislature at least five days prior to

27 the convening of the session. The proclamation shall state the

28 specific subjects to be considered, the date and time the legis-

29 lature is to convene, and the number of days for which the

30 legislature is convened. The subject matter of the session may

31 be amended, by proclamation to the legislature, until forty-

32 eight hours prior to the hour at which the legislature convenes.

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CC-1054
C. P. No. 4

1 The power to legislate, under the penalty of nullity, shall be

2 limited to the subjects specially enumerated in the latest

3 proclamation convening such ejctraordinary session. The ses-

4 sion shall be limited to the time named therein, and shall

5 not exceed thirty days.

g (2) The governor may convene the legislature in extraor-

rj dinary session without prior notice or proclamation on oc-

g casions of public emergencies caused by epidemics, attacks by

9 the enemy, or public catastrophe.

10 Section 6. Powers and Duties of the Lieutenant Governor

11 Section 6. The lieutenant governor shall serve ex officio

12 as a member of each committee, board, and commission on
J3 which the governor serves, exercise the powers delegated to

14 him by the governor, and have such other powers and perform

15 such other duties in the executive branch as may be authorized

16 by this constitution or provided by statute.

17 Section 7. Powers and Duties of the Secretary of State

18 Section 7. There shall be a department of state headed by

19 the secretary of state, who shall serve as the chief elections

20 officer and administer the election laws ; administer the laws

21 relative to voting machines or other voting devices ; administer

22 the state corporation and trademark laws ; serve as keeper of

23 the Great Seal of the State of Louisiana and attest therewith

24 all official laws, documents, proclamations, and commissions;

25 administer and preserve the official archives of the state;

26 promulgate, publish, and retain the originals of all laws enacted

27 by the legislature; and countersign all commissions and keep

28 an official registry of same. He may administer oaths, and

29 shall have such other powers and perform such other duties
80 as may be authorized by this constitution or provided by

31 statute.

32 Section 8. Powers and Duties of the Attorney General

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CC-1054

C. P. No. 4

1 Section 8. There shall be a department of justice, headed by

2 the attorney general who shall be the state's chief legal officer.

3 As may be necessary for the assertion or protection of the

4 rights and interests of the state, the attorney general shall

5 have authority to :

g (1) institute, and prosecute or intervene in any legal ac-

7 tions or other proceedings, civil or criminal ;

g (2) exercise supervision over the several district attorneys

9 throughout the state ; and

10 (3) for cause, supersede any attorney representing the state

11 in any civil or criminal proceeding.

12 He shall have such other powers and perform such other

13 duties as may be authorized by this constitution or provided

14 by statute.

15 Section 9. Powers and Duties of the Treasurer

1Q Section 9. There shall be a department of treasury headed

17 by the state treasurer who shall be responsible for the custody,

Ig investment, and disbursement of the public funds of the state.

19 He shall report annually to the governor and the legislature

20 one month in advance of the regular session on the financial

21 condition of the state, and shall have such other powers and

22 perform such other duties as may be authorized by this con-

23 stitution or provided by statute.

24 Section 10. First Assistants

25 Section 10. Each statewide elected official, except the

26 governor and lieutenant governor, shall appoint a first assis-

27 tant, subject to confirmation by the Senate, and may remove

28 him at his pleasure. The official shall submit such appointment

29 to the Senate in the same manner in which the governor sub-

80 mits appointments, and shall be subject to the same procedures

81 and limitations in connection therewith as are imposed upon
32 the governor. The first assistant shall possess the same quali-

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CC-1054
C. P. No. 4

1 fications as those required for election to that office.

2 Section 11. Vacancy in Office of Governor

3 Section 11. The order of succession in the office of governor

4 in the event of vacancy shall be (1) the elected lieutenant gov-

5 ernor, (2) the elected secretary of state, (3) the elected at-
g torney general, (4) the elected treasurer, (5) the presiding
7 officer of the Senate, (6) the presiding officer of the House
g of Representatives, and then as may be provided by statute.
9 Successors shall serve the remaining term for which the gover-

\Q nor was elected.

11 Section 12. Vacancy in Office of Lieutenant Governor

12 Section 12. Whenever there is a vacancy in the office of the

13 lieutenant governor, the governor shall nominate a lieutenant

14 governor, who shall take office upon confirmation by a major-

15 ity vote of the elected members of each house of the legislature.

16 Section 13. Vacancies in Other Statewide Elective Offices

17 Section 13. The order of succession in any other statewide

18 elective office, in the event of a vacancy in such office, shall

19 be the appointed first assistant in such office. Successors to

20 such offices shall serve for the remainder of the term for which

21 the official was elected.

22 Section 14. Other Vacancies

23 Section 14. (A) Should no other provision therefor be made

24 by this constitution, by statute, by local government charter,

25 or by ordinance, the governor shall have the power to fill any

26 vacancy occurring in any elective office. If, at the time a

27 vacancy occurs in such office, and the unexpired portion of the

28 term of office is more than one year, the vacancy shall be

29 filled at an election within six months, as may be provided by

30 statute. The appointment provided for herein shall be effective

31 only until a successor is duly elected and qualified.

32 (B) Nothing in this Section shall be construed as changing

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Reengrossed

CC-1054

C. P. No. 4

1 the qualifications for the various offices involved, and all

2 appointments must be of persons who otherwise would be
§ eligible to hold offices to which appointed.

4 Section 15. Definition of Vacancy

§ Section 15. A vacancy as used in this constitution shall

9 occur in the event of death, resignation, removal by any means,

7 or the failure to take office for any reason.

g Section 16. Declaration of Inability

9 Section 16. Whenever a statewide elective official transmits

10 to the presiding officer of the Senate and the presiding officer

11 of the House of Representatives a written declaration that he

12 is unable to discharge the powers and duties of the office and
II until he transmits to them a written declaration to the con-

14 trary, the person succeeding to the office in the event of a

15 vacancy shall assume the powers and duties of the office as

16 acting official.

17 Section 17. Determination of Inability

18 Section 17. (A) Whenever a majority of the statewide

19 elected officials determine that any other such official is un-

20 able to discharge the powers and duties of his office, they

21 shall transmit to the presiding officer of each house of the

22 legislature and to such official, and shall file in the office of

23 the secretary of state, their written declaration that such offi-

24 cial is unable to exercise the powers and perform the duties

25 of his office. Thereafter the constitutional successor shall a«-

26 sume the office as acting official unless, within forty-eight

27 hours after such filing in the office of the secretary of state,

28 such official files in said office and transmits to said presiding

29 officers his written counter-declaration that he is able to

30 exercise such powers and perform such duties.

31 (B) The legislature shall convene at noon on the third

32 calendar day after the filing of any counter-declaration, which

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C. P. No. 4

1 may be filed by such official at any time. Should two-thirds of

2 the elected members of each house of the legislature fail to

3 adopt a resolution within seventy-two hours declaring that

4 probable justification for the determination that inability

5 exists, such officer shall continue or resume in office.

6 (C) Should two-thirds of the elected members of each house

7 so adopt a resolution declaring that probable justification

8 exists for the declaration of inability, the constitutional suc-

9 cesser shall assume the powers and duties of the office and

10 such resolution shall be transmitted forthwith to the Supreme

11 Court of Louisiana.

12 (D) By preference and priority over all other matters, the

13 supreme court shall determine the issue of inability after due

14 notice and hearing, by a majority vote of members elected to

15 said court, under such rules as it may adopt.

16 (E) A judgment of the supreme court affirming inability

17 may be reconsidered by the court, after due notice and hearing,

18 either upon its own motion or upon the application of such

19 official. Upon proper showing and by majority vote of its

20 elected members, the court may, upon such reconsideration,

21 determine that no inability then exists, whereupon such officer

22 shall immediately resume the powers and duties of his office.

23 Section 18. Absences

24 Section 18. In the event of a temporary absence of the gover-

25 nor from the state, the lieutenant governor shall act as gover-

26 nor. In the event of a temporary absence of a statewide elected

27 official from the state, the appointed first assistant shall act

28 in his absence.

29 Section 19. Reorganization

30 Section 19. The governor may propose to the legislature, on

31 or before the first day of any session, a plan of reallocation

32 of the functions, powers, duties, and responsibilities of all

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Reengrossed

CC-1054

C. P. No. 4

1 departments, offices, agencies, and other instrumentalities of

2 the executive branch, except those functions, powers, duties,

3 and responsibilities allocated by this constitution, among and

4 within not more than twenty departments. The legislature, by

5 a majority vote of the elected members of each house, may

6 disapprove such plan, but may not substantively amend it.

7 Section 20. Impeachment

8 Section 20. (A) Any state and district official, whether

9 elected or appointed, shall be liable .o impeachment for coui-

10 mission or conviction of felonies or malfeasance during his

11 term of office, or for gross misconduct.

12 (B) All impeachments shall be by the House of Representa-

13 tives, and shall be tried by the Senate, whose members shall

14 be upcn oaih or afl'irmalion for that purpose, and a vcte of

15 two-thirds of the senators elected shall be necessary tu con-

16 vict. The Senate may sit for said purpose whether the House

17 be in session or not, and may adjourn as it thinks proper. Con-

18 viction upon impeachment shall result in immediate removal

19 from office and shall prohibit the official from holding any

20 office under the government of this state or any of its political

21 subdivisions. Nothing herein shall prevent any other action,

22 prosecution, or punishment authorized by statute.
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First Enrollment



CC-I054

ConsCl tut iunal Convention of LouiGlana of 1973

comiTTLi; TRorosAL Nu::i;i;p. 4

Introduced by Delcpntc Stop.g, Oialnnan, on behalf of the



CC-IO!)'*
C. P. Ho. 4
adniltcd to the practice nt law In tills state for at least the



Committee on Executive Department, and DclcRates Abraham, Alexander, 4



Arnettc, Brlen, Dennery, Duval, Gravel, Stovall , and Tapper:

A PROPOSAL
Providing for the executive branch of government, for

the declaration and determination of inability

of statewide elective officers, and related matters.
Be it adopted by the Constitutional Convention of Louisiana

of 1973:

ARTICLE IV. EXECUTIVE BRANCH

Section 1. Composition

Section 1. (A) The executive branch shall consist of
the governor, lieutenant governor, secretary of state, treasurer,
commissioner of agriculture, cotwuissioner of insurance, super-
intendent of education, commissioner of elections, and all other
executive offices, agencies, and instrumentalities of the state.

(B) All offices, agencies, and other instrumentalities
of the executive branch of state government and their respective
functions, powers, duties, and responsibilities, except for the
offices of governor and lieutenant governor, shall be allocated,



Online LibraryLouisiana. Constitutional Convention (1973)Records of the Louisiana Constitutional Convention of 1973 (Volume 4) → online text (page 6 of 65)