Louisiana. Constitutional Convention (1973).

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

. (page 7 of 65)
Online LibraryLouisiana. Constitutional Convention (1973)Records of the Louisiana Constitutional Convention of 1973 (Volume 4) → online text (page 7 of 65)
Font size
QR-code for this ebook


according to function, within not more than twenty departments.

Section 2. Qualifications

Section 2. (A) To be eligible for any statewide elec-
tive office a person must have attained the age of twenty-five
years by the date of his qualification as a candidate for office,
be an elector and be a citizen of the United States and of
this state for at least five years immediately preceding the
date of his qualification as a candidate for office. He shall
hold no other public office, except by virtue of his office,
during his tenure in office.

(B) The attorney general shall be the state's chief legal
officer, head the department of justice, and shall have been



five years immcdiaicly proccdinr. his election.

Section 3. Elections and Terms

Section 3. (A) The governor, lieutenant Rovemor,
secretary of state, attorney r.cneral, cormlssioner of agricul-
ture, commissioner of elections, commissioner of Insurance,
superintendent of education and treasurer shall each 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. A

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

11 terms in two consecutive terms shall not be elected governor for

12 the next succeeding term.

13 (B) The term of office of each elected official enumerated
lA In this section shall begin at noon on the second Monday in

15 March next following the election.

15 (C) No official shall be elected statewide, except as

17 provided by this constitution.

18 Section 4. Compensation

19 Section 4. Except as otherwise provided in this

20 constitution, the compensation of each elected official shall

21 be fixed by the legislature.

22 Section 5. Powers and Duties of Governor

23 Section 5. (A) Executive Authority. The governor

24 shall be the chief executive officer of the state and

25 shall faithfully support the constitution and laws of the

26 state and the United States.

27 (B) Legislative Reports and Recommendations. The

28 governor shall, at the beginning of each regular session of

29 the legislature, and may at other times, make reports and

30 recommendations and give information to the legislature

31 concerning the affairs of state, including its complete

32 financial condition.

33 (C) Reports and Information. Any department head shall
3A provide the governor with reports and Information, In writing
35 or otherwise, when requested by him on an\ subject relntinc to

Page 2



[35]



First Enrollment



CC-10i4

C. r. Ho. A

1 such dcpnrtnc.nt. cxce,.clnc. matters rolatln,; to Xnvcs tl,;.it Ions

2 of the governor's office.

3 (D) Operatlnr, Dud,;et. The Rovemor shall submit to the
A legislature, at a time fixed by law, a proposed state budRet

5 for the next fiscal year setting forth all proposed state

6 expenditures and anticipated state revenues.

7 (E) Capital Budget. The governor shall submit to each

8 regular session of the legislature a proposed five-year capital

9 outlay program with a request for implementation of the first

10 year of the five-year program.

11 C) Pardon, Commutation, Reprieve, and Remission;

12 Board of Pardons. (1) The governor shall have the power

13 to grant reprieves to those convicted of offenses against the

14 state and upon the recommendation of the Board of Pardons

15 "lay grant commutation of sentence, may pardon those con-

16 vlcted of offenses against the state and may remit fines and

17 forfeitures imposed for such offenses; provided, however,

18 that each first offender who has never previously been con-

19 vlcted of a felony shall be eligible for pardon automatically

20 upon completion of his sentence without the aforementioned

21 recommendation.

22 (2) The Board of Pardons shall consist of five electors

23 appointed by the governor, subject to confirmation by the

2A Senate. Members of such board shall serve a term concurrent

25 "1th that of the governor appointing them.

26 (G) Receipt of Bills from the Legislature. The date

27 and hour when a bill passed by the legislature is delivered

28 to the governor shall be endorsed thereon.

29 (H) Item Veto. (1) The governor may veto

30 any line item in an appropriation bill. The items vetoed

31 shall be void unless the veto is overridden as prescribed

32 for the passage of any bill over a veto.

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

34 other means provided In the bill, In order that total appro-

35 priatlons for the year shall not exceed anticipated revenues



CC-1U3'.

C. p. Ho. 4

for the year.

(I) Appointments. (1) The governor shall appoint,
subject to confirmation by the Senate, the ho.Tds of all
departments in the executive branch whose election or
appointment is not provided for by this constitution and
all members of boards and commissions In the executive
branch whose election or appointment is not otherwise pro-

8 vlded for by this constitution or by statute.

9 (2) Should the legislature be in session, the governor

10 shall submit for confirmation by the Senate the names of

11 those appointed within forty-eight hours after the

12 appointment is made. Failure of the Senate to confirm,

13 prior to the end of the session, shall constitute rejection

14 of the appointment.

15 (3) Should the legislature not be in session, the

16 governor may make interim appointments, which shall expire at

17 the end of the next session of the legislature, unless sub-

18 mitted to and confirmed by the Senate during such session.

19 (4) A person not confirmed by the Senate shall not be

20 appointed to the same office during any recess of the

21 legislature.

22 (J) Removal. The governor may remove from office those

23 whom he appoints, except those appointed for a term fixed
2A by this constitution or as may be fixed by statute.

25 (K) Comraander-in-Chief . The governor shall be commander-

26 In-chlef of the armed forces of the state, except when they

27 are called Into service of the federal government. He may

28 call out the armed forces of the state to preserve law and

29 order, to suppress insurrection, to repel Invasion, or In

30 other times of emergency.

31 (L) Other Powers and Duties. The governor shall have

32 such other powers and perform such other duties as may be

33 authorized by this constitution or provided by statute.

34 Section 6. Powers and Duties of the Lieutenant Governor

35 Section 6. The lieutenant governor shall serve ex officio



Poge 3



Page l>



[36]



First Enrollment



CC-IOSA

c. r. No. u

\ as a mcmbrr of each commlLtce, board, and commj-islon on which

2 the governor serves, exercise the powers delegated Co him by

3 the govemor, and have such other powers and perform such

^ other duties In tlic executive branch as may be authorized by

5 this constitution or provided by statute-.

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

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

8 by the secretary of state, who shall be the chief election

9 officer of the state and shall prepare and certify the ballots

10 for all elections and promulgate all election returns; administer
\\ the election laws except for tliose relatint^ to voter registration
12 and custody of voting machines; administer the state corporation
j^3 and trademark laws; serve as keeper of the Great Seal of the

11^ State of Louisiana and attest therewith all official laws,

j^5 documents , proclamations , and commissions ; administer and

1^ preserve the official archives of the state; promulgate, publish,

17 and retain the originals of all laws enacted by the legislature;

18 and countersign al 1 conmlssions and keep an official registry of

19 same. He may administer oaths, and shall have such other powers

20 ^^^ perform such other duties as may be authorized by this

21 constitution or provided by statute.

22 Section 8. Powers and Duties of the Attorney General

23 Section 8. There shall be a department of justice headed

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

25 Section 9. Powers and Duties of the Treasurer

26 Section 9. There shall be a department of treasury headed by

27 the state treasurer who shall be responsible for tRe custody,

28 Investment, and disbursement of the public funds of the state, except

29 as otherwise provided by this constitution. He shall report

30 annually to the governor and the legislature at least one month

31 In advance of the regular session on the financial condition of

32 the state, and shall have such other powers and perform such other

33 duties as may be authorized by this constitution or provided by

34 statute .

35 Section 10. Powers and Duties of the Cotrmlssloncr of



LL-iU j't

C. P. No. /i

1 Agriuulturc

2 Section 10. Tlicre sliall be a depnrtment of ar.rlculturc

3 headed by the commissioner of ap.riculturo, who shall exercise

4 all functions of the state in rclntion to the promotion,

5 protection, and advancement of agriculture except such research

6 and educational functions cxpresslv allocated by this constltu-

7 tion or by statute to other state agencies. Tlie department

8 shall exercise such functions and the commissioner shall have

9 such other powers and perform such other duties as may be

10 authorized by this constitution or provided by statute.

11 Section 11. Powers and Duties of the Coimiissloner of

12 Insurance

13 Section 11. There shall bo a department of insurance

14 headed by the commissioner of insurance. The department shall

15 exercise such functions and the commissioner shall have such

16 powers and perform such duties as may be authorized by this

17 constitution or provided by statute.

18 Section 12. Department of Elections and Registration

19 Section 12. There shall be a department of elections

20 and registration headed by the state commissioner of elections

21 vho shall administer the laws relative to custody of voting

22 machines and voter registration. The commissioner shall have

23 such powers and perform such duties as may be authorized by

24 this constitution or provided by statute,

25 Section 13. First Assistants

26 Section 13. Each statewide elected official, except the

27 govemor and lieutenant govemor, shall appoint a first

28 assistant, subject to public confirmation by the Senate, and may

29 remove him at his pleasure. The official shall submit such

30 appointncnt to the Senate in the same manner in which the

31 govemor submits appointments, and shall be subject to the

32 same procedures and limitations in connection therewith as

33 are imposed upon the govemor. The first assistant shall

34 possess the same qualifications as those reaulred for elec-

35 tion to that office.



Page 5



Page 6



[37]



First Enrollment



CC-IOOA

c. r. No. u

1 Section 1^. Vacancy In Office of Governor

2 Section \U. The order of succession In Llio office of

3 governor In the event of vacancy shall be (1) the elected
A lieutenant govemor, (2) the elected secretary of state,

5 (3) the elected attorney general, (A) the elected treasurer,

6 (5) the presiding officer of the Senate, (6) the presiding officer

7 of the House of Representatives, and tlien as may be provided

8 by fitotute. Successors shall serve the remaining term for

9 which the governor was elected.

10 Section 15. Vacancy in Office of Lieutenant Governor

11 Section 15. Wlienever there Is a vacancy in the office

12 of the lieutenant governor, the governor shall nominate a

V

13 lieutenant governor , who shall take office upon confirmation

lA by a majority vote of the elected members of each house of

15 the legislature.

16 Section 16. Vacancies in Other Statewide Elective Offices

17 Section 16 . A vacancy in any statewide elective office,

18 other than that of governor or lieutenant governor, shall be

19 filled by the first assistant of such official; however, if

20 the unexpired term remaining is more than one year, the

21 office shall be filled by election held at the next regularly

22 scheduled congressional election or statewide election, and the

23 first assistant shall serve only until the person then elected
2A takes office.

25 Section 17. Other Vacancies

26 Section 17. (A) Should no other provision therefor be

27 made by this constitution, by statute, by local government

28 charter, by home rule charter or plan of government, or by

29 ordinance, the governor shall have the power to fill any

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

31 vacancy occurs In such office, the unexpired portion of the

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

33 filled at an election, as may be provided by statute. The
3A appointment provided for herein shall be effective only until
35 a successor is duly elected and qualified.



t.C-lO'j.'.

c. 1'. rio. u

\ (B) Nutlilnp, in thli. Section sliall be cunr;trued as

2 chnn^lnp, the qiul 1 f I c.iL Ions for tlie various offices Involved,

3 and all appointments nuist be of persons who otherwise would
^ be eligible to hold officer to which anpolntcd.

5 Section 18. Definition of Vacancy

5 Section 18. A vacancy as usoH in this constitution

7 shall occur in the event of death, resignation, removal by

3 any means, or the failure to take office for any reason.

9 Section 19. Declaration of Inability

10 Section 19. Whenever a statev;ide elective official

11 transmits to the presiding officer of the Senate and

12 the presiding officer of the House of Representatives a written

13 declaration that he is unable to discharge the powers
H and duties of the office and until he transmits to them

15 a written declaration to the contrary, the person succeed-

16 Ing to the office in the event of a vacancy shall

17 assume the powers and duties of the office as acting

18 official.

19 Section 20. Detemiination of Inability

20 Section 20. (A) Whenever a majority of the statewide

21 elected officials determine that any other such official is

22 unable to discharge the powers and duties of his office, they

23 shall transmit to the presiding officer of each house of the
2A legislature and to such official, and shall file in the office

25 of the secretary of state, their written declaration that

26 such official is unable to exercise the powers and perform the

27 duties of his office. Thereafter the constitutional successor

28 shall assume the office as acting official unless, within

29 forty-eight hours after such filing in the office of the

30 secretary of state, such official files in said office and

31 transmits to said presiding officers his written counter-

32 declaration that he is able to exercise such powers and

33 perform such duties.

3A (B) The legislature shall convene at noon on the third

35 calendar day after the filing of any counter-declaration.



Page 7



Page 8



[38]



First Enrollment



Ci:-1Uj'i

c. r. ;ji). i,

wlilch may be [lied l»y such official aL any time. Should two-
thirds of the elected nierrJjcrs of each Iiousc of the legisla-
ture fail to adopt a resolution within seventy-two hours
declarlnp that probable justification for the determination
that inability ex.ists, such officer shall continue or
resume In office .

(C) Should two-thirds of the elected members of each
house so adopt a resolution declaring that probable justifi-
cation exists for the declaration of inability, the consti-
tutional successor shall assume the powers and duties of the
office and such resolution shall be transmitted forthwith to
the Supretije Court of Louisiana.

(D) By preference and priority over all other matters,
the supreme court shall determine the Issue of inability
after due notice and hearing, by a majority vote of members
elected to said court, under such rules as it may adopt.

(E) A judgment of the supreme court affirming inability
may be reconsidered by the court, after due notice and hearing
either upon its own motion or upon the application of such
official. Upon proper showing and by majority vote of its
elected members, the court may, upon such reconsideration,
determine that no inability then exists, whereupon such
officer shall Inonediately resume the powers and duties of

his office.

Section 21. Absences

Section 21. In the event of a temporary absence of the
governor from the state, the lieutenant governor shall act
as governor. In the event of a temporary absence of a
statewide elected official from the state, the appointed
first assistant shall act in his absence.

Section 22. Reorganization

Section 22. Reallocation of the functions, powers,
and duties of all departments, offices, agencies, and other
Instrumentalities of the executive branch except those
functions, powers, duties, and departments allocated by

Page 9



1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

2A

25

26

27

28

29

30

31

32

33

34

35



n:-)0'ji,
c. r. iJo. 4

this constltulliin shall be as provided by stcitutc.

Section 23. Appolnlmcnt of Officials; McrKCr, Consolidation
of Offices and Departments

Section 23. After the first election of state officials
following adoption of this constitution, the legislature may, by
a 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 commissioner 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 by
similar vote, may provide that any such offices, their departments
and functions be merged or consolidated 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
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 qualifi-
cations .



Page 10



[39]



Constitutional Convention of Louisiana of 1973
CC-1055

1 COMMITTEE PROPOSAL No. 5—

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

3 Committee on Executive Department :

4 A PROPOSAL

5 Making provisions for the Public Service Commission and
g necessary provisions with respect thereto.

7 Be it adopted by the Constitutional Convention of Louisi-

8 ana of 1973 :

9 ARTICLE IV. EXECUTIVE DEPARTMENT

10 Section 1. Public Service Commission

11 Section 1. (A) Composition; Term. There shall be a Public

12 Service Commission which shall consist of five members
18 elected at the time fixed for congressional elections from

14 separate districts as may be established by statute for over-

15 lapping terms of six years. The commission annually shall
] Q elect a chairman from one of its members.

17 (B) Powers and Duties. Except as otherwise provided by

18 this constitution the commission shall regulate all common

19 carriers and other public utilities. It shall adopt and enforce

20 reasonable rules, regulations, and procedures necessary for

21 the discharge of its duties, and shall have such other pow-

22 ers and perform such other duties as may be provided by

23 statute.

24 (C) Limitation. The commission shall have no power to

25 regulate any class of common carrier or public utility
2(J owned, operated, or presently regulated by the governing

27 authority of any one or more political subdivisions, except

28 by the consent of a majority of the electors voting in an
89 eleotion held for that purpose; provided, however, that such
80 political subdivision may reinvest itself with such regula-
II tory power in the same manner as it was surrendered.

It (D) Decisions on Applications, Petitions, and Schedules.

Page 1



10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27



28
29
30
31
32



CC-1055
C. P. No. 5

(1) The commission shall render its final decision on ap-
plications, petitions, and proposed rate schedules within
twelve months from the date such application, petition, or
proposed schedule is filed.

(2) If its decision is not rendered within six months from
the filing date of any proposed rate schedule, it shall be
deemed to be tentatively approved and, pending final ap-
proval, modification, or rejection may be put into effect sub-
ject to such protective bond or security requirements as
may be provided by statute. If the commission disapproves
the proposed schedule, in whole or in part, the carrier or
utility may place or continue the schedule in effect under
the bond or security, subject to any appeal and final action
by a court of last resort, to cover any refund tha may be
finally directed. Refund claims therefor in the manner pro-
vided by statute shall be filed within one year after such



final action.



(3) Any utility filing a proposed rate schedule shall
within twenty days, give notice thereof by publication in
the official state journal and in the official journal of each
parish within the geographical area in which the schedule
would become applicable. Any person affected by the pro-
posed rate schedule may intervene and may, should the com-
mission not render its decision within twelve months, appeal
as if such decision had been rendered.

(E) Appeals. Appeals from the orders of the Public Ser-
vice Commission must be filed with the district court, at the
domicile of the Public Service Commission, with a direct
appeal to the supreme court, as a matter of right.



Page 2



[40]



Reprinted as

Constitutional Convention of Louisiana of 1973
CC-1055

1 COMMITTEE PROPOSAL No. 5—

2 Introduced by Delegate Stagg. Chairman, on behalf of the

3 Committee on Executive Department, and Delegates Alexan-

4 der, Asset f, Brien, Dennery, Gravel, and Stovall :

5 A PROPOSAL

g Making provisions for the Public Service Commission and

7 necessary provisions with respect thereto,

g Be it adopted by the Constitutional Convention of Louisi-

9 ana of 1973:

10 ARTICLE IV. EXECUTIVE DEPARTMENT

11 Section!. Public Service Commission

12 Section 1. (A) Composition; Term. There shall be a Public

18 Service Commission which shall consist of five members

14 elected at the time fixed for congressional elections from

15 separate districts as may be established by statute for over-
15 lapping terms of six years. The commission annually shall
17 elect a chairman from one of its members.

13 (B) Powers and Duties. Except as otherwise provided by

19 this constitution the commission shall regulate all common

20 carriers and public utilities. It shall adopt and enforce

21 reasonable rules, regulations, and procedures necessary for

22 ttie discharge of its duties, and shall have such other powers

23 and perform such other duties as may be provided by statute.

24 (C) Limitation. The commission shall have no power to

25 regulate any class of common carrier or public utility owned,

26 operated, or regulated on the effective date of this constitu-

27 tion by the governing authority of any one or more political

28 subdivisions, except by the consent of a majority of the

29 electors voting in an election held for that purpose; provided,
80 however, that such political subdivision may reinvest itself

31 with such regulatory power in the same manner as it was

32 surrendered.

Page 1



Engrossed

CC-1055
C.P. No. 5

1 (D) Decision.^ on Applications, Petitions, and Schedules.

2 (1) The commission shall render its final decision on ap-

3 plications, petitions, and proposed rate schedules within

4 twelve months from the date such application, petition, or

5 proposed schedule is filed.

6 (2) If a decision is not rendered within six months from

7 the filing date of any proposed rate schedule, it shall be

8 deemed to be tentatively approved.

9 (3) If such proposed schedule results in a rate increase,

10 it may be put into effect, subject to such protective bond or

11 security requirements as may be provided by law pending

12 final approval, modification, or rejection. If the commission

13 disapproves the proposed increase, in whole or in part, the

14 carrier or utility may place or continue the schedule in

15 effect under the bond or security, subject to any appeal and

16 final action by a court of last resort. Refund claims therefor

17 in the manner provided by statute shall be filed within one

18 year after such final action.



Online LibraryLouisiana. Constitutional Convention (1973)Records of the Louisiana Constitutional Convention of 1973 (Volume 4) → online text (page 7 of 65)