Louisiana. Constitutional Convention (1973).

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23 Prior to returning to the convention, with its report

24 thereon, any finally adopted proposal referred to it, the

25 Committee on Style and Drafting shall submit its proposed

26 report to the substantive committee having jurisdiction over

27 the subject matter. Within five days after such submission,

28 the substantive committee may make any recommendations

29 and comments to the Committee on Style and Drafting it

30 deems necessary. If recommendations or comments are so

31 made, the Committee on Style and Drafting shall consider

32 them prior to reporting the proposal to the convention."

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Constitutional Convention of Louisiana of 1973

CC-1199

DELEGATE RESOLUTION No. 41 —

Introduced by Delegate O'Neill :

A RESOLUTION
To provide for the submission of an alternative proposal
relative to the method of selecting the commissioner of
agriculture.
WHEREAS, it appears that there is no substantial una-
nimity amonir delegates to the Constitutional Convention
with respect to the method of selecting certain state execii-
tive officials; and

WHEREAS, the people of Lo.,isiana are vitally interested
in t!ie determination of hew such officials are to be selecteJ ;
and

WH.EREAS, the importance of thi.'^ i.-.iue dictates that it
be presented to the people in alternative form in order that
the electors may make the final decision on the issi:e.

TilEREFOUE, BE IT RESOLVED that there shad !..
pre.sented to the electorate of the state an alternative pro-
posal which shall read as follows:

Section The commls.sioner of agriculture shall bi- au

pointed by the governor for a term of four years subject ti'
ccr.Airmation by the Senate.

OR

Section . The commissioner of agriculture shall bt

elected for a term of four years by the electors of the stale, at
the time and place of voting for members of the legislature.
I'.E IT FURTHER RESOLVED that the proposition to
be submitted to the people shall read :
FOR an appointive commissioner of agriculture n

OR
FOR an elective commissioner of agriculture □

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Constitutional Convention of Louisiana of 1973
CC-1202

1 DELEGATE RESOLUTION No. 42—

2 Introduced by Delegate O'Neill :

3 A RESOLUTION

4 To provide for the submission of an alternative proposal
c relative to the method of selecting the commissioner of
g elections.

17 WHEREAS, it appears that there is no substantial una-

Q nimity among delegates to the Constitutional Convention with

Q respect to the method of selecting certain state executive

iQ officials; and

22 WHEREAS, the people of Louisiana are vitally interested

22 in the determination of how such officials are to be selected ;

13 ^"''

24 WHEREAS, the importance of this issue dictates that it

25 be presented to the people in alternative form in order that
2g the electors may make the final decision on the issue.

27 THEREFORE, BE IT RESOLVED that there shall be

2Q presented to the electorate of the state an alternative pro-

iQ posal which shall read as follows:



20



Section.



The commissioner of elections shall be ap-



22 pointed by the governor for a term of four years subject to

22 confirmation by the Senate.

23 OK



24



Section



The commissioner of elections shall be elected



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

2g time and place of voting for members of the legislature.

27 BE IT FURTHER RESOLVED that the proposition to be

2g submitted to the people shall read :



29
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31
32



FOR an appointive commissioner of elections □

OR
FOR an elective commissioner of elections □

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[453]



Constitutional Convention of Louisiana of 1973
CC-1200

1 DELEGATE RESOLUTION No. 43—

2 Introduced by Delegate O'Neill :

g A RESOLUTION

4 To provide for the submission of an alternative proposal

5 relative to the method of selecting the commissioner of
g insurance.

7 WHEREAS, it appears that there is no substantial una-

8 nimity among delegates to the Constitutional Convention with

9 respect to the method of selecting certain state executive

10 officials ; and

11 WHEREAS, the people of Louisiana are vitally interested

12 in the determination of how such officials are to be selected ;

13 and

14 WHEREAS, the importance of this issue dictates that it

15 be presented to the people in alternative form in order that

16 the electors may make the final decision on the issue.

17 THEREFORE, BE IT RESOLVED that there shall be

18 presented to the electorate of the state an alternative pro-

19 posal which shall read as follows :

20 Section The commissionei- of insurance shall be ap-

21 pointed by the governor for a term of four years subject to

22 confirmation by the Senate.

23 OR

24 Section The commissioner of insurance shall be elect-

25 ed for a term of four years by the electors of the state, at

26 the time and place of voting for members of the legislature.

27 BE IT FURTHER RESOLVED that the proposition to be

28 submitted to the people shall read :

29 FOR an appointive commissioner of insurance □

30 OR

31 FOR an elective commissioner of insurance □
32

I 'age 1



Constitutional Convention of Louisiana of 1973
CC-1203

1 DELEGATE RESOLUTION No. 44 —

2 Introduced by Delegate O'Neill :

8 A RESOLUTION

4 To provide for the submission of alternative proposals rela-

5 tive to the method of selecting the commissioner of
g agriculture, the commissioner of elections, and the com-

7 missioner of insurance.

8 WHEREAS, it appears that there is no substantial una-

9 nimity among delegates to the Constitutional Convention with

10 respect to the method of selecting certain state executive

11 officials; and

12 WHEREAS, the people of Louisiana are vitally interested

13 in the determination of how such officials are to be selected;

14 and

15 WHEREAS, the importance of this issue dictates that it

16 be presented to the people in alternative form in order that

17 the electors may make the final decision on the issue.

18 THEREFORE, BE IT RESOLVED that there shall be

19 presented to the electorate of the state alternative proposals

20 which shall read as follows :

21 ALTERNATIVE PROPOSAL No. 1

22 Section The commissioner of agriculture shall be ap-

23 pointed by the governor for a term of four years subject to

24 confirmation by the Senate.

25 OR

26 Section The commissioner of agriculture shall be elect-

27 ed for a term of four years by the electors of the state, at

28 the time and place of voting for members of the legislature.

29 PROPOSITION No. 1

80 FOR an appointive commissioner of agriculture □

31 OR

32 FOR an elective commissioner of agriculture D

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CC-1203

D. R. No. 44

ALTERNATIVE PROPOSAL No. 2
Section The commissioner of insurance shall be ap-
pointed by the governor for a term of four years subject to
confirmation by the Senate.

OR
Section The commissioner of insurance shall 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.
PROPOSITION No. 2
FOR an appointive commissioner of insurance □

OR
FOR an elective commissioner of insurance □

ALTERNATIVE PROPOSAL No. 3
Section The commissioner of elections shall be ap-
pointed by the governor for a term of four years subject to
confirmation by the Senate.

OR

Section The commissioner of elections shall be elected

for a term of four years by the electors of the state, at the
time and place of voting for members of the legislature.
PROPOSITION No. 3
FOR an appointive commissioner of elections D

OR
FOR an elective commissioner of elections Q



Pa^e 2



Constitutional Convention of Louisiana at 1973
CC-1204

1 DELEGATE RESOLUTION No. 45—

2 Introduced by Delegate Warren :

3 A RESOLUTION

4 To provide for the submission of an alternative proposal

5 relative to the method of selecting the superintendent

6 of education.

7 WHEREAS, it appears that there is no substantial

8 unanimity among delegates to the Constitutional Convention

9 with respect to the method of selecting certain state ex-

10 ecutive officials ; and

11 WHEREAS, the people of Louisiana are vitally inter-

12 ested in the determination of how such officials are to be

13 selected ; and

14 WHEREAS, the importance of this issue dictates that it

15 be presented to the people in alternative form in order that

16 the electors may make the final decision on the issue.

17 THEREFORE, BE IT RESOLVED that there shall be

18 presented to the electorate of the .state an alternative pro-

19 posal which shall read as follows :

20 Section The superintendent of education shall be ap-

21 pointed by the governor for a term of four years subject

22 to confirmation by the Senate.

23 OR

24 Section The superintendent of education shall be

25 elected for a term of four years by the electors of the state,

26 at the time and place of voting for members of the legisla-

27 ture.

28 BE IT FURTHER RESOLVED that the proposition to be

29 submitted to the people shall read :

30 FOR an appointive superintendent of education □

31 OR

32 FOR an elective superintendent of education □

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Coiistitutioi;al Convention of Louisiana of 1973

CC-1234

DSLEGATe RESOLUTION No. 46 —

Introduced by Deie^ate Asseff:

A RESOLUTION
To provide for the submission of an alternate provision rel-
ative to the appointment, merger, or consolidation of cer-
tain officials in the executive branch of government.

WHEREAS, the question of whether the state superinten-
dent of education, the commissioner of insurance, the com-
missioner cf agriculture, or the state commissioner of elec-
tions should be elected or api'oir.ted, or whether any of said
offices should he merged or consolidated into any other
office or departm.ent in the executive branch is of gi-eat con-
cern to people of the state; and

WHEREAS, the delegates to the convention have voted to
include a Section in the Article on the Executive Department
which would allow the legislature to provide for appointment
in lieu of election of these state officials or merge or con-
solidate any such officials into another department after the
first election of state officials following the adoption of the
new constitution; and

WHEREAS, this Section contains no provision requiring
that any action taken by the legislature be submitted to the
people for approval ; and

WHEREAS, the people should be given the opportunity
to approve any action taken by the legislature ; and

WHEREAS, the issue of whether to give the people the
right to approve any legislative action can be submitted as
an alternative to the Section previously adopted.

THEREFORE, BE IT RESOLVED that there shall be
presented to the electorate of the state an alternate provision
which shall read as follows ;

Article IV, Section 23. (A) After the first election of
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CC-1234
D. R. No. 46

state officials following adoption of this constitution, the
legislature may, by favorable vote of two-thirds of the elected
members of each house, provide for appointment in lieu of
election, of the state superintendent of education, the com-
missioner of insurance, the commissioner of agriculture, the
state commissioner of elections, or any of them. In such event
the legislature shall prescribe qualifications and method of
appointment and may provide for the merger or consolida-
tion of any such offices and their departments and functions
with any other office or department in the executive branch.
No action of the legislature pursuant hereto shall reduce the
term or compensation of any incumbent elected official. By
a vote of two-thirds of the elected members of each house, the
legislature may reestablish any of such offices as an elective
office and in such event shall prescribe qualifications.

(B) Any statute enacted under authority of Paragraph (A)
shall become effective only after submission to and approval
by a majority of the electors voting thereon at a general
election for representatives either in congress or in the state
legislature.



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[456]



Const!tutio?.al Convention of Louisiana of 1973
CC-1263

1 LiCLEGATt RilSOLUTlOH Kc. 47—

2 InUxd'-iced by Delegate- Ass2ff :

3 A KESOLUTiON

4 To i'"ovi:J'- for the sv,bp".!5sion of an alternate provision

5 relative to che appointment, mer.ier, or consolidation of

6 certain officiais iii the executive branch of sov^rnment,

17 V.'I'EREAS, th; question whether the state superintendpnt

g of ;duc;'tioi', t'ic comr.'.ssionsr o. insurance, the ccmr.nisic'.i'ir

f; of a:,i!in;lti;;e. or the st.-to commissicuncr of elections should

10 *'C elect d or rr>pci:;ted. or whether anr o" si.'id off';:es h^re-

11 after should '"i nierfrcd or consolidated into any other office

12 or dcrartmcpt in the erecu.tivi- branch is of ^rcnt c.cnc.-..T, t"

13 :icorlt of th ■ state; and

14 WHEP.EAP. the delerrates to the convention have vt teJ to

15 inc'ude a section in the Article on the Executive nepa;-iir!:.n-t

16 which v.ouid r.!!ow the legislature io provide for appointment

17 in lieu of election of these state officials or for merjrer o)-

18 consolidation of r.ny such officials into another departmnnt

19 aite" the first elect'on of state officials followinj,' the adoption

20 of the new constitution ; and

21 WHEREAS, this Section contains no provision requir'M-;

22 that any action taken by the leyislaiure be subi.iittod to ths

23 people for approval, and the people should be ;tiven the op-

24 portunity to approve any action taken by the letrislature; and

25 WHEREAS, requiring' a favorable vote of two-thirds of Ihe

26 niemhcrs of each house of the legislature at both the regular

27 session immediately precediufr the general election and the

28 f'l'st regular session after the jreneral election will uive the

29 people an opportunity to voice their opinion throii.uh the

30 election of their representatives; and

31 WHEREAS, this procedure can be provided for and sub-

32 mitted as an alternate to the section previously adopted by

Pase 1



CC-1263

D. R. No. 47

1 the convention.

2 THEREFORE, BE IT RESOLVED that there shall be pre-
i sented to the electorate of the state an alternate provision

4 which shall read as follows:

5 Article IV, Section 23. Appointment of Officials; Merger,
8 and Consolidation of Offices and Departments

7 Section 23. (A) After the first election of state officials

8 following adoption of this constitution, the legislature may

9 provide for appointment, in lieu of election, of the state super-

10 intendent of education, the commissioner of insurance, the

11 commissioner of agriculture, the state commissioner of elec-

12 tions, or any of them. In such event the legislature shall pre-

13 scribe qualifications and method of appointment, and may

14 provide for the merger or consolidation of any of such offices

15 and their departments and functions, with any other office or

16 department in the executive branch. No action of the legisla-

17 ture pursuant hereto shall reduce the term or compensation

18 of any incumbent elected official. The legislature may re-

19 establish any of these offices as an elective office and, in

20 such event, shall prescribe qualifications.

21 (B) Any action taken pursuant to Paragraph (A) of this

22 Section shall be taken only at a regular session immediately

23 preceding a general election of members of the legislature

24 and shall require approval of two-thirds of the elected mem-

25 bers of each house. If so approved, the measure shall again be

26 acted upon at the first regular session held after the general

27 election, and if it then is adopted by a vote of two-thirds



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of the elected members of each house it shall become effective.



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[457]



CC-1312

DELEGATE RESOLUTION No. 4&—

1 Introduced by Delegate Alexander:

I A RESOLUTION

t To amend the Standing Rules of the Constitutional Conven-

4 tion to add a new Rule No. 30.1.

f BE IT RESOLVED that Rule 30.1 of the Standing Rules

i of the Constitutional Convention is hereby adopted to read

7 as follows:

8 Rule 30.1. Limits on Debate; Amendments

f Amendments shall be debated for not more than thirty

10 minutes. The time shall be equally divided between proponents

11 and opponents of the amendment. After each speaker the
It chairman of the convention shall charge the time to the ap-
It propriate side.

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1 Constitutional Convention of Louisiana of 1973

2 DELEGATE RESOLUTION NUMBER y/

3 Introduced by Delegate Casey /}^ oM ^^''^^■^^^ y^

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15 A RESOLUTION

16 To convey to Delegate Anthony J. Vesich the good wishes of

17 the Convention for a speedy and complete recovery.

18 WHEREAS, the Delegates to the Constitutional

19 Convention have learned with regret that Delegate Anthony J.

20 Vesich, who recently underwent serious surgery in New Orleans

21 will be hospitalized during the Christmas holidays; and

22 WHEREAS, the Delegates desire to express to their

23 colleague their sincere good wishes and a complete and

24 speedy recovery in order that he may return to the Convention

25 within the near future.

26 THEREFORE, BE IT RESOLVED, that the Delegates to the

27 Constitutional Convention of Louisiana of 1973 do hereby express

28 to Delegate Vesich their heartfelt wishes and prayers for a most
2 9 successful and speedy recovery.

30 BE IT FURTHER RESOLVED, that the Convention takes this

31 opportunity to wish Delegate Vesich a blessed Christmas and a

32 most successful New Year.

33 BE IT FURTHER RESOLVED, that a copy of this resolution

34 will be transmitted without delay to Delegate Anthony J.

35 Vesich at the Hotel Dieu in New Orleans, Louisiana.
36

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[459]



Constitutional Convention of Louisiana of 1973

1 DELEGATE RESOLUTION No. 50—

2 Introduced by Delegate O'Neill

3 A RESOLUTION

4 To amend the Standing Rules of the Constitutional Conven-

5 tion to add a new Rule 47.1, to provide for the printing of
g an attestation clause for the proposed draft of the consti-
7 tution and for the distribution of copies of the proposed
g draft and to urge and request the governor to take the
9 necessary steps to see that a copy of the Louisiana Con-

10 stitution of 1974 is exhibited permanently in the state

11 capitol.

12 BE IT RESOLVED that Rule 47.1 of the Standing Rules of

13 the Constitutional Convention is hereby adopted to read as

14 follows :

Ig Rule No. 47.1 Attestation Claitse and Distribution of Copies

IQ An attestation clause for the proposed draft of the con-

Yj stitution with spaces provided for each delegate to the con-

ig vention to sign shall be printed and returned to the conven-

19 tion for signatures prior to January 19, 1974. One hundred

2Q thirty-five copies shall be printed. After the signatures of

21 the delegates are affixed to the one hundred thirty-five docu-

22 ments, the documents shall be returned to the printer to be

23 attached to one hundred thirty-five printed copies of the

24 entire proposed draft of the constitution, and a copy thereof

25 shall be transmitted to each person who is a delegate to the

26 convention on January 19, 1974.

27 BE IT FURTHER RESOLVED, that the Governor of Lou-
2g isiapa is hereby urged and requested to take the necessary

29 steps to see that a certified copy of the Louisiana Constitu-

30 tion of 1974, as finally ratified by the people of Louisiana,

31 is permanently exhibited in a prominent place on the first

32 floor of the State Capitol.

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[460]



1 Constitutional Convention of Louisiana of 1973

2 DELEGATE RESOLUTION NUMBER ^ /

3 Introduced by Delegate Avant
4

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6
7
S
9 A RESOLUTION

10 To amend Rule 37.1 of the Standing Rules of the Constitutional

11 Convention to add a Paragraph F to provide for the vote

12 requirement by the people to adopt an alternative to the

13 proposed constitution.

14 BE IT RESOLVED that Paragraph F of Rule No. 37.1 of the

15 Standing Rules of the Constitutional Convention is adopted to

16 read as follows:

17 Rule No. 37.1. Submission of Alternative Provisions

18 * * »

19 F. No alternative proposition submitted to the people

20 for ratification shall become a part of the constitution

21 unless it receives a favorable vote equal to at least a

22 majority of the number of persons voting for and against the

23 basic document.
24

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[461]



1 Constitutional Convention of Louisiana of 1973

2 DELEGATE RESOLUTION NUMBER 52

3 Introduced by Delegate Pugh

4 A RESOLUTION

5 To provide:

6 (A) For the form and manner for the submission to the

7 electors of the state of a proposed new constitution, together

8 with alternative proposals relating to education, and the

9 delegation of authority relating thereto to the appropriate

10 officers of the convention;

11 (B) For the use of the facilities and services of boards,

12 commissions, departments and agencies of the state and of the

13 political subdivisions of the state;

14 (C) With respect to the disbursement of funds appropriated

15 to the convention;

16 (D) A method of reconvening the convention without per

17 diem for any purpose consistent with law; and

18 (E) For the supremacy of this Resolution over other

19 actions of the convention.

20 IfflEREAS:

21 (A) By law this convention has been granted full authority

22 to determine the form and manner in which the proposed consti-

23 tution, together with any Alternative Proposals, shall be

24 submitted to the electors;

25 (B) By law this convention has been granted full authority

26 to use the facilities and services of any board, commission,

27 department or agency of the state and of any political subdivision

28 of the state, and all such instrumentalities are charged by law

29 to cooperate with this convention to the fullest extent in fur-

30 nishing services, facilities and employees to this convention upon request;

31 (C) This convention may be required, after January 19, 1974,

32 to expend some of the remaining funds appropriated to it, con-

33 sistent with the duties and obligations imposed upon it by law;

34 and

35 (D) It may be deemed necessary to reconvene this



[462]



1 convention after January 19, 1974, without per diem to take

2 further action in regard to the responsibilities imposed upon

3 it by law other than those directly relating to the drafing

4 of a constitution and its Alternate Proposals.

5 (E) All rules and other actions inconsistent with the

6 provisions of this Resolution must be suspended in so far as

7 they may conflict herewith.

8 THEREFORE, BE IT RESOLVED (1) that all electors duly

9 qualified to vote in this state at the time of the election

10 shall be entitled to vote without regard to party affiliation

11 in their respective precincts en the proposition for or against

12 adoption of the constitution and on the question of adoption

13 of one of two alternative provisions relating to education, on

14 official ballots, printed and distributed at public expense, to

15 read as follows:

16 "The Constitution of 1974 shall be adopted if a majority

17 of those casting votes on the proposition is in favor thereof."

18 " / / FOR the Constitution of 1974, as drafted by the

19 Constitutional Convention and exclusive of either

20 of the alternative provisions relating to educatioi."

21 " / / AGAINST the Constitution of 1974, as drafted by

22 the Constitutional Convention and exclusive of

23 either of the alternative provisions relating to education"

24 "A majority of those casting votes on the following alter-

25 native provisions shall be determinative of which alter-

26 native proposition shall be a part of the Constitution

27 of 1974 if adopted. You may vote for only one of the



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