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OFFICIAL JOURNAL OF THE PROCEEDINGS OF THE

Constitutional Convention of 1973
of the STATE OF LOUISIANA

PERMANENT HISTORICAL DOCUMENT
HOUSE RESEARCH LIBRARY


HELD IN ACCORDANCE WITH ACT 2 OF THE 1972 REGULAR SESSION OF THE LEGISLATURE, AS AMENDED

Begun and Held in the City of Baton Rouge, January 5, 1973

BY AUTHORITY

E. L. HENRY MOISE W. DENNERY

Chairman Secretary

DAVID R. POYNTER
Chief Clerk


OFFICIAL JOURNAL OF THE CONSTITUTIONAL CONVENTION OF 1973 OF THE STATE OF LOUISIANA

FIRST DAY'S PROCEEDINGS

of the Constitutional Convention of 1973

held in accordance with Act 2 of the 1972

Regular Session of the Legislature

Louisiana State University

Friday, January 5, 1973, Baton Rouge, La.

The Convention was called to order in accordance with Act 2 of the 1972 Regular Session at 12:00 o'clock noon, by Hon. Joe W. Sanders, Associate Justice, Supreme Court.

Prayer

Prayer was offered by the Most Reverend Philip M. Hannan, Archbishop of the Archdiocese of New Orleans and by the Reverend Scott Tatum of the Broadmoor Baptist Church of Shreveport.

Petitions, Memorials and Communications

The following petitions, memorials and communications were received and read:

State of Louisiana
SECRETARY OF STATE

January 5, 1973

Honorable Joe W. Sanders

Associate Justice, Supreme Court of Louisiana

Acting Chairman

Louisiana Constitutional Convention

Baton Rouge, Louisiana

Dear Judge Sanders:

Attached please find my certifications as to the election and the appointment of the delegates to the Louisiana Constitutional Convention to be held in accordance with Act 2 of 1972 as reflected in the official files of my office.

With kindest regards, I am

Very truly yours,

WADE O. MARTIN, JR.,
Secretary of State

WOMjr/gr
Enclosures

United States of America

STATE OF LOUISIANA

Wade O. Martin, Jr.

I, the undersigned Secretary of State, of the State of Louisiana do hereby certify that the attached reflects a true pnd faithful copy of a list of Delegates elected to the Constitutional Convention in accordance with Act No. 2 of the 1972 Regular Session of the Louisiana Legislature, as shown by comparison with documents on file in the archives of this office.

In testimony whereof, I have hereunto set my hand and caused the Seal of my Office to be affixed at the City of Baton Rouge on, January 5, 1973.

WADE O. MARTIN, JR.
Secretary of State

1st Representative District

Jasper K. Smith



2nd Representative District

Alphonse Jackson, Jr.

3rd Representative District

Wellborn Jack

4th Representative District

V. C. Shannon

5th Representative District

Tom Stagg

Cth Representative District

Fiank Fulco

7th Representative District

Dr. Emmett Asseff

8th Representative District

Ford E. Stinson

9th Representative District

Charles "Buddy" Roemer

10 th Representative District

R. Harmon Drew

11th Representative District

Bill P. Grier

12th Representative District

Kenneth Dale Kilpatrick

13th Representative District

E. L. "Bubba" Henry

14th Representative District

Paul David Ginn

15th Representative District

Shady Wall

16th Representative District

Judge James L. (Jim) Dennis

17th Representative District

Thomas W. Leigh

18th Representative District

R. M. Elkins

19th Representative District

J. A. (Jim) McDaniel

20th Representative District

Rep. Lantz Womack

21st Representative District

Senator Jim Brown

22nd Representative District

Terry R. Reeves

23rd Representative District

Donald G. Kelly

24th Representative District

H. M. "Mutt" Fowler

25th Representative District

Richard S. Thompson

26th Representative District

Chris J. Roy

27th Representative District

Charles Slay

28th Representative District

Miss Lynn Perkins

29th Representative District

Cecil R. Blair

30th Representative District

F. E. "Pete" Hernandez
31st Representative District
Dr. J. E. Stephenson

32nd Representative District

Errol D. Deshotels

33rd Representative District

A. J. Planchard

34th Representative District

Gerald N. Weiss, M.D.

35th Representative District

Mack Abraham

36th Representative District

Conway LeBleu

37th Representative District

Greg Arnette, Jr.

38th Representative District

Clyde Fontenot

39th Representative District

Walter J. Champagne, Jr.

40th Representative District

Lawrence B. Sandoz, Jr.

41st Representative District

I. Jackson Burson, Jr.

42nd Representative District

Ralph L. Cowen



PAGE 2
 

1st Days Proceedings  January 5, 1973



43rd Representative District

Pat Juneau

44th Representative District

Heloise C. Corne

45th Representative District

E. J. Chatelain

46th Representative District

J. Burton Willis

47 th Representative District

H. G. Hardee, Jr.

48th Representative District

Minos H. Armentor

49th Representative District

Perry Segura

50th Representative District

F. D. "Dan" Winchester
51st Representative District
Anthony J. Guarisco, Jr.
52nd Representative District
Stanwood R. Duval, Jr.
53rd Representative District
Charles A. Badeaux

54th Representative District

Donald T. Bollinger

55th Representative District

Walter I. Lanier, Jr.

56th Representative District

Eual J. Landry, Sr.

57th Representative District

Gordon J. Martin

58th Representative District

N. E. Carmouche

59th Representative District

Louis J. Lambert, Jr.

60th Representative District

Jessel M. Ourso, Sr.

61st Representative District

Herman J. "Monday" Lowe

62nd Representative District

Richard H. Kilbourne

63rd Representative District

George Dewey Hayes

64th Representative District

Gary O'Neill

65th Representative District

Harvey W. Cannon, Jr.

66th Representative District

Louis (Woody) Jenkins

67th Representative District

'Miss) Mary E. Wisham

68th Representative District

J. D. De Blieux

69th Representative District

Robert J. Aertker

70th Representative Distirct

R. Godron Kean, Jr.

71st Representative District

Calvin C. Fayard, Jr.

72nd Representative District

Joseph (Joe) E. Anzalone, Jr.

73rd Representative District

Autley B. Newton

74th Representative District

James T. (Jim) Burns

75th Representative District

B. B. Rayburn

76th Representative District

Alvin D. Singletary

77th Representative District

Edward J. "Eddie" D'Gerolamo

78th Representative District

Wendell H. Gauthier

79th Representative District

Rev. James L. Stovall

80th Representative District

Joseph A. Conino

81st Representative District

David Conroy



82nd Representative District

Harold J. Toca

83rd Representative District

John A. Alario, Jr.

84th Representative District

Dr. Frank J. Ullo

85th Representative District

Joseph F. Toomy

86th Representative District

Matthew R. Sutherland

87th Representative District

Earl J. Schmitt, Jr.

88th Representative District

Mrs. Novyse E. Soniat

89th Representative District

Moise W. Dennery

90th Representative District

Thomas A. Casey

91st Representative District

Louis Landrum, Sr.

92nd Representative District

Rep. Edward F. LeBreton, Jr.

93rd Representative District

Rev. Avery C. Alexander

94th Representative District

Anthony J. Vesich, Jr.

95th Representative District

Claude Mauberret, Jr.

96th Representative District

James G. Derbes

97th Representative District

Thomas A. Velazquez

98th Representative District

Joseph I. Giarrusso, Sr.

99th Representative District

Louis G. Riecke, Sr.

100th Representative District

Philip O. Bergeron

101st Representative District

Johnny Jackson, Jr.

102nd Representative District

Mrs. George E. Warren

103rd Representative District

Elmer R. Tapper

104th Representative District

Samuel B. Nunez, Jr.

105th Representative District

Chalin O. Perez

United States of America

STATE OF LOUISIANA

Wade O. Martin, Jr.

I, the undersigned Secretary of State, of the State of Louisiana do hereby certify that the attached reflects a true and faithful copy of a list of Delegates appointed to the Constitutional Convention in accordance with Act No. 2 of the1972 Regular Session of the Louisiana Legislature, as shown
by comparison with documents on file in the archives of this office.

In testimony whereof, I have hereunto set my hand and caused the Seal of my Office
to be affixed at the City of Baton Rouge on January 5, 1973.

WADE O. MARTIN, JR.
Secretary of State

DELEGATES APPOINTED TO CONSTITUTIONAL CONVENTION IN ACCORDANCE WITH ACT No. 2 OF 1972

Representing Industry

Edward N. Lennox

Representing Labor

Gordon Flory

Representing Education

Horace C. Robinson

Representing Civil Service

Anthony M. Rachal, Jr.

Representing Wildlife and Conservation

John L. "Jack" Avant

Representing Law Enforcement

Frank M. Edwards, Jr.

PAGE 3

1st Days Proceedings January 5, 1973

Representing: the Judiciary

Albert Tate, Jr.

Representing Professions

Ruth Miller

Representing Consumers

Hilda Brien

Representing Agriculture

Robert J. Munson

Representing Youth

Max N. Tobias, Jr.

Representing Racial Minorities

Dorothy Mae Taylor

At Large

Tom Colten

At Large

Ambroise H. Landry

At Large

Pegram J. Mire

At Large

Clyde F. Bel, Sr.

At Large

Mary Zervigon

At Large

Joe N. Silverberg

At Large

John R. Thistlethwaite

At Large

Lawrence A. Chehardy

At Large

Kendall Vick

At Large

Judy Dunlap

At Large

J. K. Haynes

At Large

Richard P. Guidry

At Large

J. Kenneth Leithman

At Large

Risley C. Triche

At Large

Camille F. Gravel, Jr.

ROLL CALL

The roll was called by the Hon. Wade O. Martin, Secretary of State and the following named delegates answered to their names:



Abraham


De Blieux


Jenkins


Aertker


Dennery


Juneau


Alario


Dennis


Kean


Alexander


Derbes


Kelly


Anzalone


Deshotels


Kilbourne


Armentor


Drew


Kilpa trick


Arnette


Dunlap


Lambert


Asseff


Duval


Landrum


Avant


Edwards


Landry, A.


Badeaux


Elkins


Landry, E.


Bel


Fayard


Lanier


Bergeron


Flory


LeBleu


Blair


Fontenot


LeBreton


Bollinger


Fowler


Leigh


Brien


Fulco


Leithman


Brown


Gauthier


Lennox


Burns


Giarrusso


Lowe


Burs on


Ginn


McDaniel


Cannon


Gravel


Martin


Carmouche


Grier


Mauberret


Casey


Guarisco


Miller


Champagne


Guidry


Mire


Chatelain


Hardee


Munson


Chehardy


Hayes


Newton


Colten


Haynes


Nunez


Conino


Henry


O'Neill


Conroy


Hernandez


Ourso


Come


Jack


Perez


Cowen


Jackson, A.


Perkins


D'Gerolamo


Jackson, J.


Planchard



J.



Smith


Toomy


Soniat


Triche


Stagg


Ullo


Stephenson


Velazquez


Stinson


Vesich


Stovall


Vick


Sutherland


Wall


Tapper


Warren


Tate


Weiss


Taylor


Willis


Thistlethwaite


Winchester


Thompson


Wisham


Tobias


Womack


Toca


Zervigon



Rachal Roy

Rayburn Reeves
Riecke Robinson
Roemer Sandoz
Schmitt Segura
Shannon Silverberg
Singletary Slay
Total 132.

Justice Sanders announced that there were 132 delegates present and a quorum.

Justice Sanders administered the following oath to all the delegates:

"I hereby solemnly swear that I will support the constitution and laws of the United States; that I will well and faith fully perform all duties as a member of the convention, and
that I will observe and obey the limitation of authority contained in the Act under which this convention has assembled.
So help me God."

Prayer

Prayer was offered by Rabbi Lester W. Roubey of Temple B'nai Israel.

Address

The Convention was then addressed by the Hon. Edwin W. Edwards, Governor.

Recess

On motion of Delegate Stovall, seconded by Delegate Gauthier the Convention recessed for twenty minutes.

After Recess

Justice Sanders called the Convention to order and the roll being called Justice Sanders announced 132 delegates present and a quorum.

Introduction of Resolution

The following resolutions were introduced before the Convention:

DELEGATE RESOLUTION No. 1

Introduced by Delegate Abraham:

A RESOLUTION

BE IT RESOLVED that this Constitutional Convention
adopt its permanent rules of procedure as its first order of
business before electing its permanent chairman and execu-
tive committee, in accordance with the priorities set forth
in Act 2 of 1972, and that a rules committee is hereby es-
tablished, this committee to be comprised of sixteen dele-
gates to be elected as follows:

1. Immediately following adoption of this resolution the
temporary chairman shall recess the Convention and direct
the delegates to immediately meet in separate caucus by
Congressional District (each elected delegate participating in
the caucus according to the residence established for his
election as a delegate and each appointed delegate partici-
pating according to his present residence for voting pur-
poses) and to elect from their number two delegates from
each congressional district, said election to take place in the
LSU Assembly Center and to be completed prior to the
Convention finally adjourning on January 5, 1973.
BE IT FURTHER RESOLVED that the aforementioned
caucus by congressional district be conducted at specific
locations within the LSU Assembly Center to be designated
by the temporary chairman.

BE IT RESOLVED that as soon as each caucus has com-
pleted such election, it shall advise the temporary chairman,
and when all members of the committee have been elected,
the temporary chairman shall reconvene the Convention to
announce the names of the members of the Committee.

BE IT FURTHER RESOLVED that the Convention will



3
PAGE 4

1st Days Proceedings  January 5, 1973



then stand in recess and immediately following the com-
mencement of such recess, the committee shall meet and
select from among their number a chairman who will pre-
side over their deliberations, they shall also select a place
for their meetings and shall be authorized to employ such
secretarial and clerical assistance as may be required for
such purposes.

BE IT FURTHER RESOLVED that the committee shall
complete a typewritten or printed draft of the proposed rules
as promptly as possible, and in any event no later than Wed-
nesday, January 10, 1973.

BE IT FURTHER RESOLVED that on or before Thurs-
day, January 11, 1973, the committee will send a Xerox or
printed copy of the proposed rules to each delegate by U.S.
mail.

BE IT FURTHER RESOLVED that the Convention will
re-assemble at 10:00 AM Monday, January 15, 1973, to begin
consideration of the rules of organization and procedure;
that the committee provided for by this resolution shall
thereupon be disbanded and no longer function, except that
the chairman of the committee, or a member designated by
him in his absence, will present individually the proposed
rules to the Convention, together with a brief explanation of
such rules, and the rules will be individually voted upon by
the Convention.

BE IT FURTHER RESOLVED that Robert's Rules of Or-
der Revised shall be referred to as authority for guidance
as temporary rules of this Convention to apply until such
time as permanent rules are adopted.

Read.

Delegate Abraham moved the adoption of the resolution,
which motion was seconded by Delegate De Blieux.

Motion

On motion of Delegate Alario, seconded by Delegate
Taylor, the Chair ruled that the following Resolution could
be introduced as a Substitute for Delegate Resolution No. 1.

DELEGATE RESOLUTION No. 2

Introduced by Delegate Alario:

A RESOLUTION

BE IT RESOLVED BY the Louisiana Constitutional Con-
vention of 1973 convened pursuant to Act 2 of the Regular
Session of the Louisiana Legislature of 1972, that the follow-
ing order of business shall be regularly followed:

1. Election of a permanent chairman

2. Election of a Rules Committee in the following manner:

a. The delegates who reside in the eight Congressional
districts of Louisiana shall comprise eight separate commit-
tees who shall caucus separately and elect from among their
number two members to serve on the rules committee.

b. Each congressional district committee shall report the
result of such election within twenty-four hours from the
adoption of this resoluton.

c. The rules committee shall be composed of the 16 mem-
bers elected, two from each of the eight congressional dis-
tricts.

d. The rules committee shall meet and formulate a draft of
the rules of procedure and order of this convention and re-
port thereon at 10:00 AM Thursday, January 11, 1973.

e. The convention shall consider the report of the rules
committee and adopt rules of procedure and order for this
convention by majority vote.

f. This convention shall then take up such other business
as may be decided by its members.

Read.

Delegate Alario moved that Delegate Resolution No. 2
be adopted as a substitute for Delegate Resolution No. 1
which motion was seconded by Delegate Taylor.

Motion

On motion of Delegate Juneau, Seconded by Delegate Fa-
yard, the Chair ruled that the following Resolution could be



introduced as a substitute for Delegate Resolutions No. 1
and No. 2.

DELEGATE RESOLUTION NO. 3

By Delegates Juneau and Fayard:

A RESOLUTION

BE IT RESOLVED that a Temporary Committee on Rules
and Resolutions be established for the porpose of prepar-
ing a proposed set of rules to be submitted to the Conven-
tion for its consideration.

BE IT FURTHER RESOLVED that the Temporary Com-
mittee on Rules and Resolutions be composed of 17 members,
two from each of the eight Congressional Districts and one
member to be elected by the Convention delegates as a
whole, who shall serve as Chairman of the Temporary Com-
mittee on Rules and Resolutions.

BE IT FURTHER RESOLVED that the election of the
Chairman of the Temporary Committee on Rules and Resolu-
tions be held as the next order of business of this Conven-
tion.

BE IT FURTHER RESOLVED that immediately after the
election of the Chairman of the Temporary Committee on
Rules and Resolutions, the Convention shall recess for a
period of one (1) hour during which time the delegates who
reside in each of the Eight (8) Congressional Districts shall
caucus in seperate groups and elect from their group two
(2) delegates who shall serve on the Temporary Committee
on Rules and Resolutions.

BE IT FURTHER RESOLVED that upon the expiration
of the one (1) hour recess the Temporary Chairman shall
reconvene the Convention to announce the names of the
members of the Temporary Committee on Rules and Resolu-
tions.

BE IT FURTHER RESOLVED that the Temporary Com-
mittee on Rules and Resolutions will prepare a proposed
set of rules and shall mail a copy of said rules to all
delegates no later than 12:00 a.m. on January 10, 1973.

BE IT FURTHER RESOLVED that the Convention recon-
vene on January 15, 1973 at 10:00 a.m. and that the Tem-
poiary Committee on Rules and Resolutions submit its pro-
posed rules to the Convention at that time for considera-
tion.

We further move that this resolution be made a permanent
part of the record of this Convention and that a roll-call
vote be taken and recorded.

Read.

Delegate Juneau moved that Delegate Resolution No. 3
be adopted as a substitute for Delegate Resolutions Nos. 1
and 2 which motion was seconded by Delegate Fayard.

The vote then recurred on Delegate Resolution No. 3 by
Delegates Juneau and Fayard and the roll was called with
the following results:





ROLL CALL




The roll was


called with the following result:




YEAS




Delegates 






Aertker


Ginn


Rayburn


Alario


Gravel


Reeves


Armentor


Guidry


Robinson


Avant


Haynes


Roy


Blair


Henry


Sandoz


Brown


Hernandez


Segura


Burns


Jackson, A.


Shannon


Burson


Juneau


Slay


Cannon


Kean


Smith


Carmouche


Kelly


Stagg


Champagne


Kilpatrick


Stephenson


Chehardy


Landry, A.


Thistlethwaite


Conino


Landry, E. J.


Thompson


Cowen


LeBreton


Tobias


D'Gerolamo


Leithman


Toca


De Blieux


Lowe


Toomy


Dennery


Mauberret


Triche


Edwards


Miller


Vesich


Elkins


Mire


Vick


Fayard


Munson


Wall


Flory


Newton


Willis


Fontenot


Nunez


Winchester


Fowler


Ourso


Womack


Giarrusso


Perez


Zervigon


Total 72.







PAGE 5

1st Days Proceedings  January 5, 1973



NAYS



Abraham


Duval


Perkins


Alexander


Fulco


Palnchard


Anzalone


Gauthier


Rachal


Arnette


Grier


Roomer


Asseff


Guarisco


Riecke


Badeaux


Hardee


Schmitt


Bel


Hayes


Silverberg


Bergeron


Jack


Singletary


Bollinger


Jackson, J.


Soniat


Brien


Jenkins


Stinson


Casey


Kilbourne


Stovall


Chatelain


Lambert


Sutherland


Colten


Landrum


Tapper


Conroy


Lanier


Tate


Corne


LeBleu


Taylor


Dennis


Leigh


Ullo


Derbes


Lennox


Velazquez


Deshotels


McDaniel


Warren


Drew


Martin


Weiss


Dun lap


O'Neill


Wisham


Total 60.


ABSENT




Total 0.






And the Resolution was adopted.





Justice Sanders then called for nominations for the position
of the Temporary Committee on Rules as provided by Dele-
gate Resolution No. 3, just adopted.

Delegate Duval placed the name of Delegate Stagg in
nomination.

Delegate De Blieux seconded the nomination.

On motion of Delegate Riecke nomination was closed.

Delegate Stagg was then elected by acclamation, viva voce.

Recess

The Convention was then recessed in order that Con-
gressional District caucuses might elect representatives to
the Temporary Committee on Rules as provided in Dele-
gate Resolution No. 3.

After Recess

Justice Sanders called the Convention to order and the
roll being called announced 132 delegates present and a
quorum.

Justice Sanders then announced that the following dele-
gates had been elected to the Temporary Committee on

Rules:



District 1

Delegate
Delegate

District 2
Delegate
Delegate

District 3
Delegate
Delegate

District 4
Delegate
Delegate

District 5
Delegate
Delegate

District 6
Delegate
Delegate

District 7
Delegate
Delegate



Perez
Giarusso

Gauthier
Velazquez

Conino
Duval

Smith
Drew

Womack
Kelly

Kean

Newton

Juneau
Arnette



District 8

Delegate Perkins
Delegate Sandoz



Motion



Delegate Kean moved that the Convention proceed with
the election of a permanent Chairman of the Convention
which motion was seconded by Delegate Gravel.

Delegate De Blieux objected.

AMENDMENT

Delegate Duval moved that the original motion be
amended to allow for the election of the Chairman of the
Convention by secret ballot which motion was seconded by
Delegate De Blieux.

Delegate Wall objected to the amendment.

The question then recurred on the amendment.

ROLL CALL

The roll was called with the following results:



YEAS



Delegates 
Abraham
Anzalone
Arnette
Asseff
Bergeron
Bollinger
Brown
Carmouche
Champagne
Chatelain
Conroy
De Blieux
Dennis
Deshotels
Duval

Total 45.

Delegates 
Aertker
Alario
Alexander
Armentor
Avant
Badeaux
Bel
Blair
Brien
Burns
Burson
Cannon
Casey
Chehardy
Colten
Conino
Corne
Cowen
D'Gerolamo
Oennery
Derbes
Drew
Dunlap
Edwards
Flory
Fontenot
Fowler
Fulco
Gauthier

Total 87.

Total 0.

And the amendment was rejected.

Substitute Motion

Delegate Leigh then moved as a substitute that no action
be taken on election of permanent officers until the rules of
the Convention were adopted which motion was seconded
by Delegate Gauthier.



Elkins


Lowe


Fayard


McDaniel


Grier


Martin


Guarisco


O'Neill


Hardee


Perkins


Hernandez


Planchard


Juneau


Reeves


Kean


Singletary


Kilbourne


Stinson


Lambert


Stovall


Landry, A.


Sutherland


Landry, E. J.


Toomy


Lanier


Ullo


LeBleu


Warren


Leigh


Weiss


NAYS




Giarrusso


Roemer


Ginn


Roy


Gravel


Sandoz


Guidry


Schmitt


Hayes


Segura


Haynes


Shannon


Henry


Silverberg


Jack


Slay


Jackson.A.


Smith


Jackson, J.


Soniat


Jenkins


Stagg


Kelly


Stephenson


Kilpatrick


Tapper


Landrum


Tate


LeBreton


Taylor


Leithman


Thistlethwaite


Lennox


Thompson


Mauberret


Tobias


Miller


Toca


Mire


Triche


Munson


Velazquez


Newton


Vesich


Nunez


Vick


Ourso


Wall


Perez


Willis


Rachal


Winchester


Rayburn


Wisham


Riecke


Womack


Robinson


Zervigon


ABSENT

PAGE 6

1st Days Proceedings  January 5, 1973



Objection was


raised and the vote


recurred on the


sub-


stitute motion.


ROLL CALL






And the roll


was called with the
YEAS


following result




Delegates 








Abraham


Gauthier


Perins




Aertker


Giarrusso


Planchard




Anzalone


Grier


Riecke




Arnette


Guarisco


Schmitt




Asseff


Hardee


Singletary




Bergeron


Hayes


Smith




Bollinger


Jenkins


Soniat




Burns


Kilbourne


Stinson




Champagne


Lamibert


Stovall




Chatelain


Land rum


Sutherland




Conroy


Landry, E. J.


Tate




Come


Lanier


Toomy




(De Blieux


LeBleu


Ullo




Dennis


Leigh


Velazquez




Derbes


Lennox


Warren




Deshotels


Lowe


Weiss




Drew


McDaniel


Willis




Duval


Martin


Zervigon




Fayard


Mauberret






Fontenot


O'Neill






Total 58.


NAYS






Delegates 








Alario


Ginn


Reeves




Alexander


Gravel


Robinson




Armentor


Guidry


Roemer




Avant


Haynes


Roy




Badeaux


Henry


Sandioz




Bel


Hernandez


Segura




Blair


Jack


Shannon




Brien


Jackson, A.


Silverberg




Brown


Jackson, J.


Slay




Burson


Juneau


Stagg




Cannon


Kean


Stephenson




Carmouche


Kelly


Tapper




Casey


Kilpatrick


Taylor




Chehardy


Landry, A.


Thistlethwaite




Colten


LeBreton


Thompson




Conino


Leithman


Tobias




Cowen


Miller


Toca




D'Gerolamo


Mire


Triche




Dennery


Munson


Vesich




Dunlap


Newton


Vick




Edwards


Nunez


Wall




Elkins


Ourso


Winchester




Flory


Perez


Wisham




Fowler


Rachal


Womack




Fulco


Rayburn






Total 74.


ABSENT






Total 0.








And the motion was rejected.







Delegate Jenkins then moved to recess until 7:00 p.m.,
which motion was rejected.

The question then recurred on the original motion to
proceed to the election of the Chairman which motion was
adopted, viva voce.

Motion

Delegate Stovall then moved that no more than five
minutes be allowed each delegate placing a name in nomi-
nation for Chairman.

Substitute Motion

Delegate Gravel moved as a substitute that each nominat-
ing speech be no more than five minutes, further that one



seconding speech of two minutes be allowed and that a
majority vote be necessary for election of the Chairman.

Delegate Chehardy seconded the motion.

Amendment

At the request of Delegate Roy and by leave of the Con-
vention the Gravel motion was amended to allow two sec-
onding speeches of three minutes each.

The vote then recurred on the substitute motion by
Delegate Gravel which was adopted, viva voce.

Nominations

Delegate Dennery was recognized for the purpose of plac-
ing the name of Delegate Henry in nomination which nomi-
nation was seconded by Delegates Lanier and A. Jackson.

Delegate De Blieux was recognized for the purpose of
placing the name of Delegate Tate in nomination which
nomination was seconded by Delegates Fontenot and Conroy.

Delegate Anzalone was recognized for the purpose of
placing the name of Delegate Lambert in nomination which
nomination was seconded by Delegates Fayard and Mire.

Delegte Stovall was recognized for the purpose of placing
the name of Delegate Dennis in nomination which nomina-
tion was seconded by Delegates Corne and Arnette.

On motion of Delegate Alexander and, without objection,
the nominations for Chairman were closed.

Justice Sanders then appointed the following committee
of tellers: Delegates Lanier, Casey, De Blieux, Conroy, Kil-
bourne, Juneau, Drew, Arnette and Wisham.

Justice Sanders then directed the Honorable Wade O.
Martin, Jr., Secretary of State, to poll the Convention.

The following results were obtained.

FOR JUDGE DENNIS



Delegates 






Abraham


Grier


Riecke


Arnette


Hardee


Stovall


Corne


McDaniel




Dennis


Planchard




Total 10.








FOR E. L.


HENRY


Delegates 






Aertker


Haynes


Roemer


Alario


Henry


Roy


Alexander


Hernandez


Sandoz


Avant


Jack


Segura


Badeaux


Jackson, A.


Shannon


Bel


Jackson, J.


Silverberg


Blair


Juneau


Singletary


Brien


Kean


Slay


Burns


Kelly


Smith


Burson


Kilpatrick


Soniat


Cannon


Landrum


Stagg


Carmouche


Landry, A.


Stephenson


Casey


Lanier


Tapper


Champagne


LeBleu


Taylor


Chehardy


LeBreton


Thistlethwaite


Colten


Leithman


Thompson


Conino


Lennox


Toca


Cowen


Lowe


Toomy


D'Gerolamo


Mauberret


Triche


Dennery


Miller


Ullo


Dunlap


Munson


Velazquez


Edwards


Newton


Vesich


Elkins


Nunez


Vick


Flory


Ourso


Wall


Fowler


Perez


Winchester


Fulco


Rachal


Wisham


Ginn


Rayburn


Womack


Gravel


Reeves


Zervigon


Guidry


Robinson




Total 86.







PAGE 7

1st Days Proceedings  January 5, 1973





FOR LOUIS LAMBERT


Delegates 






Anzalone


Duval


Martin


Bergeron


Fayard


Mire


Bollinger


Guarisco


O'Neill


Brown


Hayes


Perkins


Chatelain


Jenkins


Warren


Deshotels


Lambert


Weiss


Total 18.








FOR JUSTICE


TATE


Delegates 






Armentor


Gauthier


Stinson


Conroy


Giarrusso


Sutherland


De Blieux


Kilbourne


Tate


Derbes


Landry, E. J.


Tobias


Drew


Leigh


Willis


Fontenot


Schmitt




Total 17.







The vote having been announced, on motion of Delegate
Tate, seconded by Delegate Dennis and Lambert, and with-
out objection Justice Sanders declared Delegate Henry
elected by acclamation.

Justice Sanders then appointed the following committee
of delegates to escort Delegate Henry to the Chair: Dele-
gates Sutherland, Burns, Perez, Rayburn, Anzalone, Alex-
ander, Jenkins, Kelly, A. Landry, Roemer, McDaniel and
Miller.

Address

Delegate Henry then addressed the Convention.



Motion

Delegate Casey moved that the Convention officially recog-
nize the outstanding service provided by Justice Sanders, as
acting Chairman, and Wade O. Martin, Jr., as acting Sec-
retary.

On motion of Delegate De Blieux the motion was amended
to express appreciation to Gulf South Research Institute for
their services.

The motion was seconded and adopted without objection.

Delegate Stagg then moved that Robert's Rules of Order,

Revised be adopted as the rules of order of the Convention
until permanent rules should be adopted, which motion was
seconded and adopted viva voce.

Adjournment

Delegate O'Neill moved that the Convention do now
adjourn until 10:00 o'clock AM., January 12, 1973 at In-
dependence Hall, which motion was seconded by Delegate
Thompson and adopted by the Convention.

And Chairman Henry declared the Convention adjourned
until 10:00 o'clock, A.M., January 12, 1973 at Independence
Hall.

Prepared in accordance with the transcript
and records of the Convention. Resolutions
introduced on this day have been numbered
by the Secretary in accordance with the
Order of the Convention.

MOISE W. DENNERY,
Secretary.

DAVID R. POYNTER,
Chief Clerk.



OFFICIAL JOURNAL


Prayer




OF THE




Prayer was offered by the Delegate Stovall.


CONSTITUTIONAL CONVENTION


National Anthem




OF 1973




The Star Spangled Banner was played.




OF THE




Introduction of Resolutions




STATE OF LOUISIANA


Delegate Velazquez introduced the following Resolution,






EDINGS


which was seconded from the floor.


SECOND DAY'S PROCE


DELEGATE RESOLUTION No. 4








Introduced by Delegates Velazquez and Schmitt:
A RESOLUTION








of the
held in


Constitutional Convention of 1973
accordance with Act 2 of the 1972


WHEREAS a tragedy has taken place in New Orleans, La.,
the effects, which have gone beyond that City affecting
the State and the Nation.


Regular Session of the Legislature


WHEREAS, all the people of Louisiana black as well as




Friday, January 12,


1973, Baton Rouge, La.


white deplore this senseless action.
WHEREAS this convention is meeting to write a consti-


The Convention was called to order


at 10:00 o'clock A.M.,


tution which will guarantee the civil rights of all its citi-


by Hon. E. L. Henry, Chairman of the Convention.


zens under the rule of law.








WHEREAS, to maintain civilization and order, the indi-




ROLL CALL




vidual policeman remains our First line of defense.
BE IT RESOLVED, that the Louisiana Constitutional Con-


The roll being


called, the following delegates answered


vention publicly deplores the above mentioned incident.


to their names:






BE IT FURTHER RESOLVED, that as its first order of
business, before considering the Rules, we will stand for a




PRESENT

minute of silence in memory of


Delegates 






Deputy Police Superintendent Louis Sirgo


Mr. Chairman


Fayard


Perez


Patrolmen Paul Persigo


Abraham


Flory


Perkins


Patrolman Phil Colemen


Aertker


Fowler


Planchard


Cadet Albert Harrell


Alario


Fulco


Rayburn


BE IT FURTHER RESOLVED that the Louisiana Con-


Alexander


Gauthier


Reeves


stitutional Convention endorses the Tragedy Fund, which


Anzalone


Ginn


Riecke


is a legitimate fund raising activity composed of a broad


Armentor


Gravel


Robinson


spectrum of citizens of all races and faiths and crossing


Arnette


Grier


Roemer


organizational lines, intended to raise funds for the families


Asseff


Giarrusso


Sandoz


of the deceased. Which Fund has been endorsed by Mayor


Avant


Guidry


Schmitt


Moon Landrieu, Mayor of New Orleans.


Badeaux


Hayes


Segura




Bel


Haynes


Shannon


The co-authors of this memorial are delegates:


Bergeron


Hernandez


Silverberg




Blair


Jackson, A.


Singletary


Thomas A. Velazquez, Dist. 97


Bollinger


Jackson, J.


Slay


Joseph I. Giarrusso, Sr., Dist. 98


Brien


Jenkins


Smith




Brown


Juneau


Soniat


Read.


Burns


Kean


Stagg




Burson


Kelly


Stinson


Without objection the Resolution was adopted.


Cannon


Kilbourne


Stovall




Carmouche

Casey

Champagne


Kilpaitrick

Lambert
Landrum


Sutherland

Tapper

Tate


Petitions, Memorials and
Communications


Chatelain


Landry, A.


Taylor




Chehardy


Landry, E. J.


Thistlethwaite


The following petitions, memorials and communications


Colten


Lanier


Thompson


were received and read:


Conino


LeBleu


Tobias




Conroy


Leigh


Toca


Chairman Henry announced from the chair a communi-


Corne


Leithman


Toomy


cation had been received from the office of the Attorney


Cowen


Lennox


Triche


General concerning the delegate oath of office.


D'Gerolamo


Lowe


Ullo




De Blieux


McDaniel


Velazquez


State of Louisiana


Dennery


Martin


Wall


DEPARTMENT OF JUSTICE


Dennis


Mauberret


Warren




Denbes


Miller


Weiss


January 11, 1973


Deshjotels


Mire


Willis




Drew


Munson


Winchester


Honorable E. L. Henry


Dunlap


Newton


Wisham


Chairman


Duval


O'Neill


Womack


Constitutional Convention


Elkins


Ourso


Zervigon


Speakers Office


Total 120.


ABSENT




State Capitol

Baton Rouge, Louisiana 70804


Delegates 






Dear Mr. Speaker:


Edwards


Jack


Roy




Fontenot


LeBreton


Stephenson


In response to your verbal request for an opinion as to the


Guarisco


Nunez


Vesich


constitutionality of the delegate's oath contained in Act 2,


Hardee


Rachal


Vick


Section 5 of 1972, the opinion of this office is as follows:


Total 12.






The oath of office taken by each delegate to the Constitu-
tional Convention of 1973 on January 5, 1973 was the oath


The Chairman


announced that there were 120 members


prescribed by Act 2 of 1972:


present and a quorum.




"I hereby solemnly swear that I will support the consti-



PAGE 2

2nd Days Proceedings  January 12, 1973



tuticn and laws of the United States; that I will well and
faithfully perform all duties as a member of the convention,
and that I will observe and obey the limitation of authority
contained in the Act under which this convention has as-
sembled, So help me God."

Article XIX, Section 1 of the 1921 Constitution prescribes
the oath to be taken by all "officers" of the State:

"I, do solemnly swear (or affirm)

that I will support the Constitution and laws of the United
States and the Constitution and laws of this State; and that

1 will faithfully and impartially discharge and perform all
the duties incumbent upon me as a delegate to the Consti-
tutional Convention of 1973, according to the best of my
ability and understanding. So help me God." (underscored
words supplied)

It is the opinion of this office that the oath prescribed by
Act 2 of 1972 is in substantial compliance with the consti-
tutional oath of Article XIX, Section 1. That is, both oaths
state that the delegate shall support the Constitution and
laws of the United States. The oath in Act 2 of 1972 does
not, however, call upon each delegate to swear that he
will support the Constitution and laws of Louisiana as the
oath in the 1921 Constitution does. Nevertheless, the oath
in Act 2 of 1972 does prescribe that the delegate shall
"observe and obey the limitation of authority contained in
the Act." This is, in effect, a statement that the delegate
will uphold the laws of Louisiana. And by so stating, the
delegate does state that he will uphold the 1921 Constitution
because there would be no law (for example, no Act 2 of
1972) without the Constitution.

Section 1(A)(3) of Act 2 of 1972 divides delegates into
two distinct classes. Delegates who are elected are called
"state elected officials" and delegates who are appointed
are called "state employees". They are classified as such for
the purposes of the state statutes regarding Governmental
Ethics (R.S. 42:1101 et seq.) and public bribery. The re-
mainder of Act 2 of 1972 is absolutely silent as to any other
classification of delegates. Therefore, the absence of any
other classification of elected delegates other than as "state
elected officials" does not exclude the possibility that they
are "state elected officials" for other purposes.

Article XIX, Section 1 of the 1921 Constitution declares
that "All officers before entering upon (emphasis supplied)
the duties of their offices shall take" (emphasiss supplied)
the prescribed oath (quoted above). The Constitution does
not distinguish between elected officials for one purpose (for
example, governmental ethics) and many purposes. Elected
delegates being classified as "elected officials" may there-
fore be considered officers of the state for purposes of the
Constitution. Accordingly, all elected delegates must take an
oath. There is no provision of law requiring state employees
to take any oath except in cases of which provision has been
specifically made by state statute. Accordingly, appointed
delegates who are classified as "state employees" under Act

2 of 1972 need take only the oath prescribed by that Act,
namely, the oath taken by all delegates of the Constitutional
Convention on January 5, 1973.

In light of the oath prescribed by the 1921 Constitution
and the clear unequivocal language that all officers "shall
take" the oath therein prescribed, and because Act 2 of 1972
classifies elected delegates as "state elected officials" for at
least two purposes (thereby not excluding the possibility of
their being "officers" for other purposes), it is recommended
as a precaution that each elected delegate take the oath
in Article XIX, Section 1 of the 1921 Constitution.

Very truly yours,

WILLIAM J. GUSTE, JR.
Attorney General

WJGjrxc

P.S. After taking the oath, a resolution could be introduced

as follows:

BE IT RESOLVED that the delegates to the Louisiana Con-
stitutional Convention do hereby re-enact, re-affirm and
adopt as their own and as the Act of the Convention, every
act taken at the meeting of elected delegates held on January
5, 1973 including but not limited to the roll call of delegates,



the swearing of delegates and all other acts taken by said
delegates as members of the Louisiana Constitutional Con-
vention from that time to the present.

At the suggestion of the Chair the following oath of office
as prescribed under Article XIX, Sec. 1 of the 1921 Constitu-
tion was administered to the delegates enumerated there-
under by the Hon. Wade O. Martin, Secretary of State:

OATH

"I, do solemnly swear (or affirm)

that I will support the Constitution and laws of the United
States and the Constitution and laws of this State; and that
I will faithfully and impartially discharge and perform all
the duties incumbent upon me as a delegate to the Consti-
tutional Convention of 1973, according to the best of my
ability and understanding. So help me God."

Taken by Delegates



Mr. Chairman


Fontenot


Perkins


Abraham.


Fowler


Planchard


Aertker


Fulco


Rachal


Alario


Gauthier


Rayburn


Alexander


Giarrusso


Reeves


Anzalone


Ginn


Riecke


Arnette


Gravel


Robinson


Asseff


Grier


Roemer


Avant


Guidry


Sandoz


Badeaux


Hayes


Schmitt


Bel


Haynes


Segura


Bergeron


Hernandez


Shannon


Blair


Jackson, A.


Silverberg


Bollinger


Jackson, J.


Singletary


Brien


Jenkins


Slay


Brown


Juneau


Smith


Burns


Kean


Soniat


Burson


Kelly


Stagg


Cannon


Kilbourne


Stinson


Carmouche


Kilpatrick


Stovall


Casey


Lambert


Sutherland


Champagne


Landrum


Tapper


Chatelain


Landry, A.


Tate


Chehardy


Landry, E. J.


Taylor


Colten


Lanier


Thitslethwaite


Conino


LeBleu


Thompson


Conroy


LeBreton


Tobias


Corne


Leigh


Toca


Cowen


Leithman


Toomy


D'Gerolamo


Lennox


Triche i


De Blieux


Lowe


Ullo


Dennery


McDaniel


Velazquez


Dennis


Martin


Vesich


Derbes


Mauberret


Vick


Deshotels


Miller


Wall


Drew


Mire


Warren ,


Dunlap


Munson


Weiss


Duval


Newton


Willis


Edwards


Nunez


Winchester


Elkins


O'Neill


Wisham


Fayard


Ourso


Womack


Flory


Perez


Zervigon
 

Introduction of Resolutions

Delegate Abraham sent up the following Resolution.

DELEGATE RESOLUTION No. 5

Introduced by Delegate Abraham:

A RESOLUTION
BE IT RESOLVED that the delegates to the Louisiana Con-
stitutional Convention do hereby re-enact, re-affirm and
adopt as their own and as the Act of the Convention,
every act taken at the meeting of elected delegates held
on January 5, 1973, including but not limited to the roll
call of delegates, the swearing of delegates and all other
acts taken by said delegates as members of the Louisi-
ana Constitutional Convention from that time to the
present.

Read.

Mr. Abraham moved the adoption of the Resolution.
Seconded by Delegate Womack.
Adopted without objection.



PAGE 3

2nd Days Proceedings  January 12, 1973



Delegate Stagg sent up the following Resolution on be-
half of the temporary Committee on Rules.

COMMITTEE RESOLUTION No. 1

By Delegate Stagg en Behalf of the Temporary Committee
on Rules

A RESOLUTION
To provide for the standing rules of the Constitutional Con-
vention.

BE IT RESOLVED by the Louisiana Constitutional Con-
vention of 1973 that the following be adopted as the standing
rules of the Convention until otherwise amended or rescinded
as herein provided:

CHAPTER 1

General Provisions

Quoium and Majority

Rule No. 1. Call to Order. The Convention shall convene at
such time as ordered on the preceding working day by a
majority of the delegates and the chairman shall call the
Convention to order at that time. If a quorum is in atten-
dance the Chairman shall cause the Journal of the preceding
day to be read unless otherwise ordered toy the Convention,
to the end that any mistake may be corrected.

Rule No. 2. Quorum. Sixty-seven delegates to the Conven-
tion shall constitute a quoium for the transaction of business.

Rule No. 3. Roll Call. The secretary shall call the roll at
the opening of each session of the Conventicn and announce
whether or not a quorum is present. He shall announce the
names of the delegates absent with leave of the Convention
and the names of delegates absent without leave, and enter
the names of all absentees upon the Journal. If a voting
machine is provided, the machine shall be used whenever a
roll call or a vote by yeas and nays is directed by or in ac-
cordance with the rules.

Rule No. 4. Quorum Calls. A quorum call may be demanded
by any delegate during any session of the Convention. When,
upon such call, it is found that less than a quorum is pre-
sent, the chahman shall order the doors of the Convention
closed and direct the secretary to call the roll of the Con-
vention and to note the names of the absentees. After such
roll call the names of the absentees shall again be called
and those for whose absence no excuse, or an insufficient
excuse, is made, may, by order of a majority of delegates
present, be sent for and taken into custody by the Sergeant-
at-Arms or by his assistants appointed for the purpose, and
brought to the floor of the Convention.

Rule No. 5. Absence from Convention Service. No delegate
shall absent himself from the service of the Convention with-
out first obtaining leave of the Convention. A majority of
delegates may prescribe penalties for the non-attendance of
delegates.

Rule No. 6. Absent Delegates. At any time the Convention is
in session, whether upon first convening of the day's session
or at any time after the hour has arrived to which the Con-
vention stood adjourned, the chairman is authorized to send
the Sergeant-at-Arms for any or all absent delegates as the
majority of such delegates present shall agree.

Rule No. 7. Expense of Compelling Attendance. Any ex-
penses involved in compelling the presence of an absent dele-
gate shall be borne by such delegate, unless such excuse
of non-attendance has been made as a majority of a quorum
shall judge sufficient, in which case the expense shall be paid
out of the appropriated funds to the Convention.
Admission to Floor

Rule No. 8. Persons Admitted. No person shall be admitted
on the Convention floor while the Convention is in session or
during the period five minutes before the time set for the
convening of each ssesion or the period five minutes after
the adjournment of each session, except that delegates and
members of the Convention staff may remain on the floor.
Representatives of the news media shall be admitted to the
floor as provided in Rule 11. Written messages may be de-
livered to the delegates by a sergeant-at-arms from persons
outside the restricted area. The Convention floor, for purposes
of these rules, is defined as the entire enclosed seating area
of the delegates.

Rule No. 9. Restrictions on the Convention Floor. One chair
shall be allowed each delegate on the convention floor and no
other chairs shall be permitted in this section.



Rule No. 10. Special Permission. Special permission to sit
on the convention floor may be granted by the chairman of
the Convention to visiting officials of other states or of the
United States or of foreign countries.

Rule No. 11. News Media. A designated place in the Con-
vention Hall shall be provided for the news media, who shall
have free access thereto. Accreditation of members of the
press and of members of any news media for admission shall
be administered by the Chairman. No member of the press or
of any news media shall conduct any interview with a dele-
gate on the Convention floor while the Convention is in ses-
sion.

Rule No. 12. Administration of Rules. The Chairman of the
Convention shall provide for the administration of the rules
governing admission to the Convention as provided herein.

Rule No. 13. Regulation of Convention Area. The Chairman
shall have the regulation and control of such parts of the
Convention Hall and its passage or any other places of gener-
al assembly as are or may be set apart for the use of the
Convention, its officers and employees.

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

Rule No. 15. Open Meetings. All meetings of the Convention
shall be open to the public and the news media.
CHAPTER 2
Officers, Employees, and Duties
Officers

Rule No. 16. Convention Officers. The officers of the Con-
vention shall be a Chairman, who shall be Chairman of the
Convention, a First Vice-Chairman, three Vice-Chairmen, a
Secretary, and a Treasurer. These officers shall constitute
the Executive Committee of the Convention, shall be dele-
gates to the Convention, and shall each be elected in separate
elections by a majority vote of all of the delegates of the
Convention.

Employees

Rule No. 17. Convention Employees.

A. A Chief Clerk and a Sergeant-at-Arms shall be employed
by the Chairman of the Convention subject to the approval
of a majority vote of the entire Convention; they shall not be
delegates to the Convention.

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

Executive Committee
Rule No. 18. Duties. The Executive Committee shall:

A. Employ a research director, research assistants, secre-
tarial and/or clerical personnel and such other employees
as it deems necessary, in accordance with provisions of Act 2
of the 1972 Regular Session. The Executive Committee shall
be a committee on administration, which shall consider re-
search materials and personnel, convention budget and fi-
nance and other administrative details, facilities and physical
arrangements for the Convention, for committee hearings
and for the staff, outside grants and assistance to the Con-
vention, purchases and rental of equipment, supplies and
services, printing and related matters.

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

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

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

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

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

B. Preserve order and decorum;

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

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

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

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

G. Assign, with the assistance of the Executive Committee,



10



PAGE 4

2nd Days Proceedings  January 12, 1973



the delegates to their seats, according to congressional dis-
tricts;

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

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

J. Make corrections of the official journal of the Con-
vention, if necessary, attested by the Secretary with notifica-
tion of any substantive changes being made to the Convention
at large;

K. Direct the Convention in its official activities, including
naming delegates to perform duties connected with the busi-
ness of the Convention;

L. Not engage in debate when sitting as Chairman, nor
shall he vote on appeals from his rulings;

M. Maintain general control of the Convention Hall, its
environs, and all rooms set apart for use of the Convention;

N. Sign all warrants and/or checks;

0. Supervise the Convention staff, provided that he may
delegate certain of this function to members of the staff;

P. On his own initiative or at the direction of the Conven-
tion appoint such special committees as may be necessary to
perform special functions.

First Vice-Chairman

Rule No. 20. Duties. The First Vice-Chairman shall serve as
First Vice-Chairman of the Convention, and as such, shall:

A. Preside as acting Convention chairman, when requested
to do so by the Convention Chairman, or in the absence or
inability of the Chairman to serve;

B. Serve as a member of the Executive Committee of the
Convention, and carry out such other duties as are assigned
by the Chairman;

C. Serve as an ex officio member of the Committee on
Rules, Credentials, Ethics and Schedules, but shall have no
vote and shall not be counted for the purpose of obtaining
a quorum.

Rule No. 21. Vice-Chairmen. The Vice-Chairmen shall:

A. Preside in the absence of the Chairman and the First
Vice-Chairman in the order established by the Chairman as
provided in Rule No. 19E;

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

C. The Chairman shall designate Vice-Chairmen to serve
ex officio on each of the three remaining procedural commit-
tees. No Vice-Chairman shall have a vote on the committee
to 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 responsibilities for the accuracy of the Con-
vention Journal of Proceedings, and the daily publication and
distribution of the Journal;

B. Keep a verbatim written record and a sound recording
of all proceedings of the Convention and of the Committee 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 resolu-
tions, delegate and committee proposals;

E. Read to the Convention all proposals, resolutions, peti-
tions, 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 the preservation of all
proceedings of the Convention and its committees, and see
that all records are properly preserved in archives of the
state;

1. Serve as a member of the Executive Committee;

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 and
vouchers, and service on the Executive Committee, the Secre-
tary may delegate his duties to the Chief Clerk, subject to
supervision by the Secretary.

The Treasurer

Rule No. 24. Duties. The Treasurer shall:



A. Exercise responsibility for the accuracy of the Con-
vention'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
Representatives and the Secretary of the Senate;

F. Make financial records of the Convention available for
audit to the 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 the Chair-
man.

Chief Clerk
Rule No. 25. Duties. 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 the Secretary;

C. Shall be answerable to the entire Convention for faith-
ful execution of his 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; how-
ever, all parliamentary rulings shall be the responsibility of,
and shall be made by the Chairman.

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

A. Attend the Convention during its sitting, to execute
commands as directed to him by the chairman, including
signing for and delivery of correspondence addressed to
delegates;

B. Maintain order in the Convention Hall and execute
Rules of the Convention concerning admission to the floor;

C. Maintain order at committee hearings and assist com-
mittee chairmen in their duties.

D. Exercise supervisory control over his assistants, subject
to direction of the chairman.

CHAPTER 3
Delegates

Rule No. 27. Delegates Oath. No delegate shall be qualified
to serve unless and until he has taken the prescribed oath.

Rule No. 28. Recognition in Debate. When any delegate
desires to speak in debate or present any matter to the Con-
vention, he shall rise and address himself to the chair. He
shall not speak until recognized, and when recognized, he
shall confine himself to the question under debate.

Rule No. 29. Transgression of Rules. If any delegate in
speaking or otherwise, transgresses the rules of the Conven-
tion, the chairman shall call the delegate to order; in which
case the delegate shall sit down and shall not proceed with-
out leave of the chairman or the Convention.

Rule No. 30. Limits on Debate. Delegates shall not speak
more than once to the same question, nor more than fifteen
minutes, without leave of the Convention, unless the delegate
is the mover, proposer or introducer of the matter pending,
in which case, either the delegate and-or his designees shall
be permitted to speak in reply, but not until every delegate
choosing to speak shall have spoken, except where the
previous question or the previous question on the entire
subject matter has been ordered. When the previous question
has been ordered, the mover, proposer or introducer shall
nonetheless have the right to speak or reply as provided in
Rule No. 76. The time for reply shall not exceed a total of
fifteen minutes.

Rule No. 31. Prohibited Behavior. No delegate shall walk
off of the Convention floor during roll calls, nor shall any
delegate in any way impede the business of the Convention
by interrupting delegates who are speaking, by use of objec-
tionable language, or by engaging in any way in discourteous
conduct.

Rule No. 32. Questions of Order. Every question of order
shall be decided by the chairman, without debate, subject
to an appeal. The chairman may call for the sense of the
Convention on any question of order, but when an appeal
has been taken from the decision of the chair, any subsequent
question of order which may arise from the decision of such
appeal by the Convention shall be decided by the chairman
without debate, and all appeals therefrcm sha'l also be
decided by the Convention without debate. Appeals from any



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2nd Days Proceedings  January 12, 1973



ruling of the chaiiman shall be affirmatively put, and to
overrule the chairman, shall require the same vote required
to suspend the rules. (See Rule No. 85.)

Rule No. 33. Answering Roll Calls. Every delegate must
be at his desk when a roll call is being taken, and answers
to roll calls from other locations on the Convention floor
shall not be counted.

Rule No. 34. Absence from Daily Sessions. A delegate may
be excused from attendance at daily sessions only with leave
from the chairman, pnd no delegate shall be compensated for
a day on which he is absent from Convention sessions.

Rule No. 35. Vacancies. By a vote of at least two thirds of
the delegates to the Convention, the seat of a delegate may
be declaied vacant by the Convention if the delegate has been
absent for at least fifteen unexcused. consecutive, opening
roll calls. In the event of the death of, or written resignation
by a delegate, the seat may be immediately declared vacant
by the Chairman. The Chairman shall notify the Governor
of any vacancy.

Rule No. 36. Voting in Person. No person other than the
delegate himself will be permitted to vote or to answer any
roll call or quorum call.

CHAPTER 4
Proposals

Rule No. 37. Proposal. Any original suggestion, proposition,
or draft intended to become a part of the Constitution shall
be referred to as a proposal. A proposal introduced by a dele-
gate shall be designated as a delegate proposal, and a proposal
submitted by a committee shall be designated as a committee
proposal. An amendment shall be designated as an amend-
ment.

Rule No. 38. Resolutions. All matters of general convention
business, other than proposals intended to become a part of
the Constitution, shall be proposed through the instrument
of a resolution, which instrument shall be so designated and
may be introduced at any time.

A resolution introduced by a delegate shall be designated as
a delegate resolution, and a resolution submitted by a com-
mittee shall be designated as a committee resolution.

Resolutions shall be subject to the same rules of readings,
committee referral and adoption as proposals. Resolutions
shall contain a short title which shall be reflective of its
purpose and substance, and shall comply with the form re-
quirements of Rule No. 41.

Rule No. 39. Introduction. A proposal may be introduced
by a delegate or delegates or by a committee on behalf of
a majority of its membership.

Rule No. 40. Introduction of Committee Proposals. Com-
mittee proposals prepared and approved by the several com-
mittees of the Convention prior to July 5, 1973, shall con-
stitute the first proposals to be introduced in the Convention
and shall be introduced by the chairman of each committee
or his designee.

Rule No. 41. Form of Proposals. Delegate proposals shall
be distinguished from committee proposals and all proposals
shall be separately numbered. All proposals shall be intro-
duced or submitted in eight copies. All proposals must be
typed, double spaced on 8-l/2-by-14-inch paper in a type
face 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 secretaiy shall, as soon as any proposal is printed, place
it on the desks of the delegates. The caption of each pro-
posal shall be substantially in the following form:
Constitutional Convention of Louisiana of 1973

PROPOSAL
(Committee or Delegate) (Number)

Introduced by (Name of Delegate or Committee Chairman)
Each proposal shall also contain a short title stating con-
cisely the general nature of its subject matter.

Rule No. 42. Deadline on Proposals. No proposals 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 adoption are followed. Amendments to proposals may be
offered any time.

Rule No. 43. Printing. Each proposal introduced shall be
immediately printed and distributed to the delegates and
shall be available to the general public and other interested
parties. No final action may be taken on any proposals until
printed copies have been distributed to the delegates for at
least forty-eight houis.

Rule No. 44. Order of Processing. The order of Convention
piocedure in processing each proposal shall be as follows:

A. Introduction, which shall constitute the first reading.

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

C. Committee reports.

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

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

F. Reference to committee on style and drafting.

G. Engrossment, which shall complete the second reading.
H. Third reading and final passage.

I. Enrollment.

J. Referral to Committee on Style and Drafting.

K. Convention approval of final styling.

L. Final enrollment.
Each of the three required readings shall occur on three
different days.

Rule No. 45. Order of Proposals. When a proposal 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 submitted
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, Obliga-
tions of Citizenship, distribution of powers, suffrage and
elections, the amendment process, and future constitutional
conventions;

2. Committee on Executive Department, which shall con-
sider the offices comprising the executive department, re-
organization, term of the Governor and other elected of-
ficials, and impeachment;

3. Committee on Legislative Powers and Functions, which
shall consider the Legislative Department, apportionment,
qualifications, regular and special sessions;

4. Committee on Judiciary, which shall consider the judi-
ciary, tenure and selection of judges, the Department of
Justice, district attorneys, sheriffs, clerks of court and
coroners;

5. Committee on Local and Parochial Government, which
shall consider local and parochial government, home rule,
special districts, consolidation of governments and inter-
governmental cooperation;

6. Committee on Revenue, Finance and Taxation, which
shall consider revenue, finance, taxation, assessors and assess-
ment, exemptions, state debts and management of state funds;

7. Committee on Education and Welfare, which shall con-



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2nd Days Proceedings  January 12, 1973



sider public education, Board of Regents for Higher Educa-
tion, welfare, consumer affairs, civil service, labor and in-
dustry; and

8. Committee on Natural Resources and Environment,
which shall consider public lands, minerals, water resources,
wildlife, environmental concerns, recreation and agriculture.

Other provisions that may not be covered by the areas of
responsibility shown above may be assigned by the Coordi-
nating Committee to the appropriate substantive committee.

Rule No. 50. Procedural Committees.

The following procedural committees are hereby created:

1. Committee on Rules, Credentials, Ethics and Schedules,
which shall consider rules, credentials of delegates, questions
of ethics, press and employees, schedules, calendar, agenda,
and shall consider all questions on any procedural disputes
referred to it by the Chairman or by the Convention;

2. Committee on Style and Drafting, which shall have con-
trol over literary style, consistency, arrangement and num-
bering. The committee shall have authority to rephrase or to
regroup proposed language, but shall have no authority to
change the sense or purpose of any proposal referred to
it; and

3. Committee on Legislative Liaison and Transitional
Measures, which shall maintain liaison with the legislative
branch and the Louisiana Law Institute and provide for co-
ordination of the transition of subject matter from the Con-
stitution to the appropriate statute law.

4. Committee on Public Information, which shall consider
and implement measures to inform the people on the actions,
procedures, recommendations and activities of the Conven-
tion. It shall plan and implement the repoit to be given to the
voters of Louisiana on the result of the Convention's work,
and shall direct the effort to obtain approval of the new
Constitution and the form and manner of presentation.

Rule No. 51. Appointment of Committees.

The selection of delegates to serve on the substantive and
procedural committees shall be determined as follows:

Within twenty-four hours after the adoption of these rules
by the Convention, each delegate shall submit in writing to
the Convention the committee or committees in order of
preference to which he or she desires to be appointed.

A Committee on Committees shall select from among said
delegates the delegates to serve on each committee after
giving due consideraiton to the preference of each delegate
and based on the qualifications, experience and residence of
each delegate so as to provide as nearly as possible a fair
and balanced repreentation on each committee of this Con-
vention.

Rule No. 52. Committee on Committees.

The Committee on Committees shall be composed of the
Chairman of the Convention who shall be chairman of the
Committee on Committees and sixteen delegates, with two
delegates to be elected from each congressional district by
the delegates voting in the congressional district in which
they resided at the time of qualification or appointment.
Such voting shall be in separate caucases.

Rule No. 53. Service on Committees.

Each substantive and procedural committee shall be com-
posed of at least ten delegates and no more than twenty.
Each delegate except the Convention Chairman shall serve
on at least one and only one substantive committee. Each
committee shall elect a chairman, vice-chairman, and such
other officers as the committee deems necessary.

The Chairman of the Convention shall be ex officio a
member of all substantive committees, but shall have no
vote and shall not be counted for the purpose of obtaining a
quorum.

Rule No. 54. Coordinating Committee. The Coordinating
Committee shall be composed of the Chairman and First
Vice-Chairman of the Convention, and the chairmen of the
respective substantive committees. The Coordinating Com-
mittee shall consider any issues regarding omissions, over-
lap and/or conflict which might arise concerning the juris-
diction of any substantive committee or any subject matter;
call joint meetings of any substantive committees for the
purpose of discussing any omissions, overlap and/or conflict
which might arise and make recommendations to the respec-



tive substantive committees as to possible resolution thereof.

Rule No. 55. Other Committees. The Convention shall have
authority to create other committees, including special ad-
visory committees, as it deems necessary, and all substantive
committees may create such sub-committees as each deems
necsseary, provided that all such sub-committees shall be
created only by a majority vote of the creating body.

Rule No. 56. Proposals. The various articles cf the proposed
draft of a Constitution shall be prepared under the direction
and supervision of the respective substantive committees. The
research staff shall be assigned to the respective committees
by the Chairman of the Convention after consultation with
the chairman of the committee to which the staff will be
assigned.

Committee Hearings

Rule No. 57. Quorum and Rules of 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 commit-
tees as far as may be applicable, and, if applicable, may not
be suspended.

Rule No. 58. A. Public Hearings, Records. No committee
shall sit during sessions of the Convention or of the Com-
mittee of the Whole without special leave of a majority of
Convention delegates present and voting. All committee hear-
ings 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 meetings 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 wish-
ing to be heard before a committee shall have a right to be
heard subject to the rules of that committee.

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

Rule No. 59. Calling of Committees and Agenda. Each com-
mittee shall meet at the call of its chairman, who shall also
set its agenda. One-third of the members of a committee 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 shall have the
right to call a meeting of the committee and set its agenda
and place of meeting under the appropriate notice require-
ments. 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 substan-
tive committee shall be reported from that committee indica-
ting committee action provided that a majority of the com-
mittee 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 substan-
tive committee shall write after each proposal or resolution
only the words "reported favorably," "reported unfavorably,"
"reported with amendments," "reported without action," "re-
committed to the Committee on ," "reported by

ported without action with recommendation that it be re-
subslitute," 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 cir-
cumstances shall words or sentences be interlined on the
body of the measure, and the same be marked while in
possession of committees.

Rule No. 62. Notice of Committee Meetings. 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 shall notify
the Secretary of the Convention of the time, date, and place
of the committee meeting. Within twenty-four hours there-
of the committee meeting. Within twenty-four hours there
after the Secretary shall mail notices of such meeting to all
members of the committee, all persons who have filed writ-
ten requests for notice with the Secretary, and to all mem-
bers of the Convention who have introduced proposals on
the subject matter to be considered. The committee hearing



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2nd Days Proceedings  January 12, 1973



shall not be scheduled less than four days from the date of
notice to the Secretary. This rule shall apply only when the
convention is not in session.

B. Committee and sub-committee meetings while the Con-
vention is in session may be called by the chairman or by a
majority of the Convention members upon twenty-four hour
notice given by announcement from the floor of the Conven-
tion and by posting the notice thereof on a designated bulletin
board in the vicinity of the floor of the Convention at least
twenty-four hours before such meeting.

Rule No. 63. Sub-Committees. A committee, toy the affirma-
tive vote of the majority of its members, may provide for
the appointment by the committee chairman of sub-commit-
tee composed of members of the committee. Reports of sub-
committees shall be considered by the entire committee be-
any committee recommends any action thereon by the Con-
vention. All rules applicable to committees shall be applicable
to sub-committees.

Rule No. 64. Records. All written records and reports of
committees of the Convention shall be subject to provisions
of the Public Records Act.

Committee of the Whole

Rule No. 65. Procedure. The Convention by a majority vote
of the delegates present and voting may resolve itself into a
Committee of the Whole for a specified time and purpose.
The motion of the Committee of the Whole shall specify the
maximum time during which the Committee shall sit.

A. The chairman shall designate a delegate to serve as
chairman of the Committee of the Whole. The rules of pro-
cedure of the Convention shall apply insofar as applicable,
except that delegates may speak more than once unless the
chairman imposes limits on debate, actions will be governed
by a majority of those present and voting, matters cannot
be referred to other committees, no question may be laid on
the table, the previous question cannot be ordered, and mo-
tions to adjourn will not be entertained.

B. Proposals in the Committee of the Whole shall be read
through, debated and acted upon by sections. All amendments
shall be in writing and reported to the Convention by the
chairman.

C. A motion that the Committee of the Whole rise shall
always be in order unless a delegate is speaking or a vote
is being taken. The motion is not debatable and shall be
decided by a majority vote of those present and voting.

CHAPTER 6
Transaction of Business
Daily Business
Rule No. 66. Order. The daily business of the Convention
shall proceed as follows:

Morning Hour

1. Roll call.

2. Prayer.

3. Reading and adoption of Journal.

4. Petitions, Memorials, and Communications.

5. Introduction of resolutions.

6. Report of Committees.

7. Proposals on Introduction and First Reading.

8. Resolutions on Second Reading and Referral.

9. Proposals on Second Reading and Referral.

10. Reports of Committees Lying Over.

11. Reconsideration

Regular Order of the Day

12. Unfinished Business.

13. Special Order.

14. Resolutions on Third Reading and Final Passage.

15. Proposals on Third Reading and Final Passage.

16. Proposals on calendar for approval of final styling.
Rule No. 67. Change in Daily Order. The order of daily

business set forth in the above rule shall be adhered to un-
less the consent of the Convention shall be otherwise given
by majority vote of the delegates present.

Rule No. 68. Time of Committee Referral. Where appro-
priate, all petitions and memorials shall be referred to the
proper committees by the chairman as soon as read, where
reference may be necessary or is requested by a delegate.

Rule No. 69. Privilegad Motions. When a question is under
debate, no motion shall be received except:

1. To fix the time to which to adjourn.

2. To adjourn.



3. To take a recess.

4. To call for the Orders of the Day.

5. To lay on the table.

6. For a Call of the Convention.

7. To limit debate.

8. To move the previous question on the entire subject
matter.

9. To move the previous question.

10. To postpone to a day certain.

11. To commit, refer, or recommit.

12. To amend.

13. To postpone indefinitely.

The motions listed in this rule shall take precedence in
the order which they stand arranged. All of them shall be
decided by the affirmative vote of a majority of those pre-
sent and voting, except that a motion for the previous ques-
tion and the previous question on the entire subject matter
shall require a vote of two-thirds of the delegates present
voting, and a motion to postpone indefinitely requires the
affirmative vote of a majority of all delegates to the Conven-
tion. When a recess is taken while a question is pending, con-
sideration of such question shall be resumed when the Con-
vention reassembles, unless it determines otherwise. No
motion to postpone to a day certain, or to commit, having
been decided by the Convention, shall again be in order on
the same day or at the same stage of the question. Whenever
a proposal is being considered and a motion is then made,
either to postpone indefinitely or to commit, any pending
amendments to the proposal shall first be in order before any
vote is taken on any such motion.

Rule No. 70. Motions Not Debatable. A motion to adjourn
is always in order except when a motion to fix the time to
which to adjourn, or a motion to amend the calendar and
agenda, is pending. A motion to adjourn, a motion to lay on
the table, a motion for recess pending the consideration of
other business and all matters relating to questions of order
shall be decided without debate.

Rule No. 71. Withdrawal. Any motion may be withdrawn
by the mover at any time before decision, amendment or
ordering of the yeas and nays, except a motion to recon-
sider, which may not be withdrawn without consent of the
Convention.

Rule No. 72. Format of Motions and Seconds. Motions shall
be presented in the following manner:

A. No motion listed in Rule No. 69 need be in writing.
Where a motion is in writing the delegate shall attach his
or her name hereto before it is received by the Chairman
or read by the Secretary, or before it is debated, if debate is
in order.

B. No motion need be seconded.

Rule No. 73. Motion for Reconsideration. Any member may
move for a reconsideration of any question at the same ses-
sion of the Convention or the next succeeding session. The
Committee on Style and Drafting may move for reconsidera-
tion on any subsequent day if one session day"s notice of its
intention to do so is given in writing to the Secretary and is
entered upon the Journal. A motion to reconsider shall be
taken up in its regular order and shall be decided upon by a
majority vote of those members present and voting.

A motion to reconsider shall not be renewed on the same
day.

Rule No. 74. Motion to Call from the Table. A motion which
has been laid on the table shall be called from the table only
by the affirmative vote of two-thirds of the delegates to the
Convention.

Rule No. 75. Division of a Question. Any delegate may call
for a division of the question, which shall be divided if it
includes propositions which are so distinct in substance that,
when one is removed or deferred, a substantive proposition
remains for the decision of the Convention. A motion to strike
out and insert shall not be subject to division within the
meaning of this rule. No section of a proposal may be
divided. The limits on debate as set forth in Rule No. 30 of
these rules shall apply to the debate on each division of a
question.

Rule No. 76. Previous Questions. A. Previous question. This
undebatable motion is applicable only to the pending amend-
ment, or amendments, if more than one amendment is under
discussion; and it shall be admitted when ordered by a
favorable vote of two-thirds of the delegates present and
voting, and when carried its effect shall be to put an end
to the debate and bring the Convention to a vote on the
pending amendments only, without prejudice to further de-
bate on, or subsequent amendments to the main question. If
there has been any discussion on the amendments, the pro-



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PAGE 8

2nd Days Proceedings January 12, 1973



ponent, or a delegate designated by him, shall have the
right to close, even after the previous question is ordered,
which closing speech shall be limited to fifteen minutes.

B. Previous question on the entire subject matter. It shall
only be admitted when ordered by a favorable vote on two-
thirds of the delegates present and voting, and when carried,
its effect shall be to put an end to all debate, and bring the
Convention to a direct vote 

(1) Upon the pending amendment and so on back to the
first amendment offered;

(2) Upon amendment reported by a committee, if any; and.

(3) Upon the main question. But in all questions involving
length of time, amount of interest, questions of quantity, and
similar questions, such questions involving the longest time,
the largest interest or quantity shall be put first regardless
of the order in which motions, amendments or substitutes,
may have been made.

On a motion for the previous question on the entire
subject matter, and prior to the ordering of the same, a call
of the Convention shall be in order; but after the Convention
shall have ordered such motion no call shall be in order prior
to a decision of the main question. On a motion for the
previous question on the entire subject matter, there shal!
be no debate. All incidental questions of order, arising aftei
a motion is made for the previous question on the entire
subject matter, and pending such motion, shall be decided
whether on appeal or otherwise, without debate. After a call
for the previous question on the entire subject matter has
been sustained, the question shall be put and determined in
order as above, without debate on either amendments or the
main question, provided that the proponents of the amend-
ments and measure, or a delegate designated by him, shall
respectively have the right to close the debate, after the
previous question on the entire subject matter is ordered,
which closing speeches shall be limited to a total of fifteen
minutes.

Rule No. 77. Adjournment and Recess. A motion to adjourn
or recess shall always be in order, except when, on a call
for the previous question and previous question on the entire
subject matter, the question shall have been ordered, or
when a delegate has the floor, and shall be decided without
debate.

Yeas and Nays

Rule No. 78. Voting after Decision is Announced. When the
Yeas and Nays are taken on any question, no delegate shal!
be permitted, under any circumstances whatever, to vote
after the decision has been announced by the chairman. The
names of absentees on all calls of the yeas and nays shall
be placed on a separate list.

Rule No. 79. Explanation of Vote. No delegate shall be per-
mitted to explain his or her vote except as hereafter provided
Any delegate may explain his or her vote in writing or rea-
sons for not voting in writing and request that such explana-
tion be made part of the record.

Rule No. 80. Tie Votes. When the Convention is equally
divided, the decision of the chairman shall be taken to break
the tie, provided that the chairman, in this event, shall not
have previously voted as a delegate on the question.

Rule. No. 81. Recording the Vote. On the passage on third
reading of every proposal, section, or article the yeas and
nays shall be entered in the Journal, and no proposal, section,
or article shall be declared passed unless a majority of all
delegates to the Convention shall have voted in favor of the
passage of same.

Special Orders

Rule No. 82. Consent. No proposal, resolution or other sub-
ject shall be made a special order for a particular day with-
out the consent of two-thirds of the delegates present.

Rule No. 83. Precedence. When two or more subjects shall
have been specially assigned for consideration, they shall
take precedence according to the order of time for which
they were severally made or assigned, and said orders shall
at no time be lost or changed except by direction of the
Convention.

Rule No. 84. Change in Rules. Any standing rule of the
convention may be rescinded, altered, or amended in the fol-
lowing manner: Notice shall be given in writing of the motion
therefore, which motion shall be referred immediately by the
chairman to the Committee on Rules, which shall file its



report to the Convention within twenty-four hours of receipt
of the motion. Two days after the filing of the proposed
change, the motion shall be considered by the Convention
with or without the report of the Committee on Rules, and
for passage shall require a vote of a majority of the delegates
to the Convention.

Rule No. 85. Suspension of Rules. One or more rules may
be suspended for a specified purpose by the affirmative
vote of two-thirds of the delegates present and voting or a
majority of delegates to the Convention, whichever con-
stitutes the lesser number.

Rule No. 86. Consideration of Proposals without Committee
Recommendation. After one day's notice the Convention, on
motion passed by the affirmative vote of a majority of the
delegates present and voting, may require a committee to
;eturn, with or without a recommendation, any proposal re-
ferred to the committee.

Rule No. 87. Notice. Whenever notice is required to be given
by these rules, the following shall constitute notice:

 If the Convention is in session, an announcement made
by the Secretary in open session shall constitute notice for all
purposes.

(b) If the Convention is not in session, the Secretary shall
give notice to the delegates by U. S. Mail, certified, postage
prepaid. The date of mailing said notice shall constitute the
late of the notice for all purposes under these rules.

Rule No. 88. Authority. On any question of order and parlia
mentary practice, when these rules are silent or inexplicit,
Mason's Manual of Legislative Procedure shall be considered
authority.

Motion

Delegate Stagg moved that the rules be considered seriti-
tim.

Seconded by Delegate Kean.

Adopted without objection.

Rule No. 1. Call to Order. The Convention shall convene
at such time as ordered on the preceding working day by a
majority cf the delegates and the chairman shall call the
Convention to order at that time. If a quorum is in attend-
ance, the Chairman shall cause the Journal of the preceding
day to be read unless otherwise ordered by the Convention,
to the end that any mistake may be corrected.

Read.

Delegate Stagg moved the adoption of Rule No. 1.

Seconded by Delegate Kean.

Adopted without objection.

Rule No. 2. Quorum. Sixty -seven delegates to the Con-
vention shall constitute a quorum for the transaction of
business.

Read.

Delegate Stagg moved the adoption of Rule No. 2.

Seconded by Delegate Kean.

Adopted without objection.

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

at the opening of each session of the Convention and
announce whether or not a quorum is present. He shall
announce the names of the delegates absent with leave of
the Convention and the names of delegates absent without
leave, and enter the names of all absentees upon the Journal.
If a voting machine is provided, the machine shall be used
whenever a roll call or a vote by yeas and nays is directed
by or in accordance with these rules.

Read.

Delegate Stagg moved the adoption of Rule No. 3.

Seconded by Delegate Kean.

Delegate Kean sent up the following amendment, which
was read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Kean to Committee



15



PAGE 9

2nd Days Proceedings  January 12, 1973



Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 2, line 2, immediately after the word "names"
delete "of all absentees" and insert in lieu thereof "all those
present and absent"

Delegate Kean moved the adoption of the amendment.

Seconded by Delegate Rayburn.

Amendment adopted without objection.

On motion of Delegate Stagg, Rule 3, as amended was
adopted without objection.

Eule No. 4. Quorum Calls. A quorum call may be de-
manded by any delegate during any session of the Conven-
tion. When, upon such call, it is found that less than a
quorum is present, the chairman shall order the doors of the
Convention closed and direct the secretary to call the roll
of the Convention and to note the names of the absentees.
After such roll call the names of the absentees shall again
be called and those for whose absence no excuse, or an
insufficient excuse, is made, may, by order of a majority of
delegates present, be sent for and taken into custody by the
Sergeant-at-Aims, or by his assistants appointed for the
purpose, and brought to the floor of the Convention.

Read.

Delegate Stagg moved the adoption of Rule No. 4.

Seconded by Delegate Kean.

At this time the Hon. Wade O. Martin, Jr., Secretary
of State, administered the following Oath of Office to
Delegate Anthony J. Guarisco, Jr.

"I, Anthony J. Guarisco, Jr. do solemnly swear (or
affirm) that I will support the Constitution and laws of
the United States and the Constitution and laws of this
State; and that I will faithfully and impartially dis-
charge and perform all of the duties incumbent upon
me as a delegate to the Constitutional Convention of
1973, according to the best of my ability and understand-
ing. So help me God."

Delegate O'Neill sent up floor amendments which were
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate O'Neill to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 2, line 13, immediately after the word "absence"
and before the words "no excuse" insert the following:
"the majority of the delegates find"

Seconded by Delegate Wisham.

And the amendment was rejected viva voce.

On motion of Delegate Stagg, Rule No. 4 was adopted
viva voce.

Rule No. 5. Absence from Convention Service. No delegate
shall absent himself from the service of the Convention
without first obtaining leave of the Convention. A majority
of delegates may prescribe penalties for the non-attendance
of delegates.

Delegate Stagg moved the adoption of Rule 5.

Seconded by Delegate Kean.

Delegate Kean in the Chair

Delegate Tapper sent up a Floor Amendment which was
read as follows:



FLOOR AMENDMENT

Amendment proposed by Delegate Tapper to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 2, line 20, immediately after "Convention" strike
out the remainder of the line and strike out lines 21 and 22
in their entirety.

Delegate Tapper moved the adoption of the amendments.

Seconded by Delegate Segura.

And upon a division of the Convention, and by a vote of
65 yeas and 50 nays, the amendment was adopted.

Motion

Delegate Abraham moved the previous question.

Delegate Stinson objected.

Point of Order

Delegate Stinson sought a ruling of the Chair as to whether
the motion for the previous question was in order.

The Chair ruled that the motion for the previous question
was in order.

Appeal

Delegate Stinson appealed the ruling of the Chair that the
motion for the previous question was in order.

And upon a division of the Convention, the Chair was
sustained.

And the vote recurred on the motion for the previous
question.

Upon a division of the Convention, and by a vote of 89
yeas and 24 nays, the previous question was ordered.

Delegate Stinson sent up floor amendment, which were
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Stinson to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 2, line 20, immediately after the word "out" delete
the word "first"

Delegate Stinson moved the adoption of the amendment.

Seconded by Delegate Roemer.

The amendment was adopted, viva voce.

Chairman Henry in the Chair

At this time the Hon. Wade O. Martin, Jr., Secretary of
State, administered the following oath of Office to delegates
Stephenson and Hardee.

"I, James E. Stephenson and Henry G. Hardee do solemnly
swear (or affirm) that I will support the Constitution
and laws of the United States and the Constitution and
laws of this State; and that I will faithfully and impartially
discharge and perform all the duties incumbent upon me as
a delegate to the Constitutional Convention of 1973, accord-
ing to the best of my ability and understanding. So help
me God."

Delegate Bergeron sent up a floor amendment which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Bergeron to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:



16



PAGE 10

2nd Days Proceedings  January 12, 1973



AMENDMENT No. 1

On page 2, line 19, immediately after the word "Conven-
tion" and insert the following:

"while in session."

Delegate Bergeron moved the adoption of the amendment.

Seconded by Delegate Bergeron.

And the amendments was adopted viva voce.

Delegate Burson sent up a floor amendment which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Burson to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT NO. 1

On page 2, line 20, immediately after the word and punc-
tuation "convention" add the following:

"Leave for absence from a daily session may be obtained
from the Chairman as prescribed in Rules 34,"

Delegate Burson moved the adoption of the amendment.

Seconded by Delegate Leigh.

And the amendment was adopted viva voce.

Delegate Stagg moved the adoption of Rule 5, as amended.

Seconded by Delegate Kean.

And Rule 5, as amended, was adopted, viva voce.

Recess

Delegate Juneau moved that the convention be recessed
until 1:45 o'clock, P.M., which motion was agreed to without
objection.

And the Chairman declared the Convention in recess until
1:45 o'clock, P.M.

After Recess

Chairman Henry called the Convention to order.
Delegate Tate suggested the absence of a quorum.



Robinson


Stovall


Vesich


Roemer


Sutherland


Vick


Roy


Tapper


Wall


Sandra


Tate


Warren


Schmitt


Taylor


Weiss


Segura


Thistlethwaite


Willis


Shannon


Thompson


Winchester


Silverberg


Tobias


Wisham


Singletary


Toca


Womack


Slay


Triche


Zervigon


Stagg


Ullo




Stephenson


Velazquez




Total 106.


ABSENT




Delegates 






Alario


Dennery


Nunez


Armentor


Fowler


Ourso


Blair


Guidry


Rachal


Brown


Hayes


Rayburn


Cannon


Haynes


Smith


Casey


Jack


Soniat


Colten


Jackson, A.


Stinson


Conroy


Kilpatrick


Toomy


De Blieux


Mire




Total 26.









ROLL CALL




The roll being called the following delegates answ


their name:


PRESENT




Delegates 






Mr. Chairman


Derbes


Kilbourne


Abraham


Deshotels


Lambert


Aertker


Drew


Landrum


Alexander


Dunlap


Landry, A.


Anzalone


Duval


Landry, E. J


Arnette


Edwards


Lanier


Asseff


Elkins


LeBleu


Avant


Fayard


LeBreton


Badeaux


Flory


Leigh


Bel


Fontenot


Leithrnan


Bergeron


Fulco


Lennox


Bollinger


Gauthier


Lowe


Brien


Giarrusso


McDaniel


Burns


Ginn


Martin


Burson


Gravel


Mauberret


Carrnouche


Grier


Miller


Champagne


Guarisco


Munson


Chatelain


Hardee


Newton


Chehardy


Hernandez


O'Neill


Conino


Jackson, J.


Perez


Corne


Jenkins


Perkins


Cowen


Juneau


Planchard


D'Gerolamo


Kean


Reeves


Dennis


Kelly


Riecke



And the Chair announced there were 106 members present
and a quorum.

Rule No. 6. Absent Delegates. At any time the Conven-
tion is in session, whether upon first convening of the day's
session or at any time after the hour has arrived to which the
Convention stood adjourned, the chairman is authorized to
send the Sergeant-at-Arms for any or all absent delegates
as the majority of such delegates present shall agree.

Read.

Delegate Stagg moved the adoption of Rule No. 6.

Seconded by Delegate Kean.

And the Rule was adopted, viva voce.

Rule No. 7. Expense of Compelling Attendance. Any ex-
penses involved in compelling the presence of an absent
delegate shall be borne by such delegate, unless such excuse
of non-attendance has been made as a majority of a quorum
shall judge sufficient, in which case the expense shall be
paid out of the appropriated funds to the Convention.

Read.

Delegate Stagg moved the adoption of Rule No. 7.

Seconded by Delegate Kean.

And the Rule was adopted, viva voce.

Rule No. 8. Persons Admitted. No person shall be admitted
on the Convention floor while the Convention is in session or
during the period five minutes before the time set for the
convening of each session or the period five minutes after
the adjournment of each session, except that delegates and
members of the Convention staff may remain on the floor.
Representatives of the news media shall be admitted to the
floor as provided in Rule 11. Written messages may be
delivered to the delegates by a sergeant-at-arms from persons
outside the restricted area. The Convention floor, for pur-
poses of these rules, is defined as the entire enclosed
seating area of the delegates.

Delegate Stagg moved the adoption of Rule No. 8.

Seconded by Delegate Leithrnan.

And the Rule was adopted, viva voce.

Rule No. 9. Restrictions on the Convention Floor. One

chair shall be allowed each delegate on the convention floor
and no other chairs shall be permitted in this section.

Read.

Delegate Stagg moved the adoption of Rule No. 9.

Seconded by Delegate Kean.

Delegate Stagg sent up floor amendments to both Section
9 and Section 10 which were read as follows:



17



PAGE 11

2nd Days Proceedings  January 12, 1973



FLOOR AMENDMENTS

Amendments proposed by Delegate Stagg to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1
On page 3, line 14 change "convention"

AMENDMENT No. 2
On page 3, line 17 change "convention"



to "Convention'



to "Convention"

And the amendments were adopted without objection.

On motion of Delegate Stagg, Rule 9, as amended, was
adopted viva voce.

Rule No. 10. Special Permission. Special permission to sit
on the convention floor may be granted by the chairman of
the Convention to visiting officials of other states or of the
United States or of foreign countries.

Read.

Delegate Stagg moved the adoption of Rule 10 as previ-
ously amended.

Seconded by Delegate Leithman.

And the Rule was adopted, viva voce.

Rule No. 11. News Media. A designated place in the
Convention Hall shall be provided for the news media, who
shall have free access thereto. Accreditation of members of
the press and of members of any news media for admission
shall be administered by the Chairman. No member of the
press or of any news media shall conduct any interview
with a delegate on the Convention floor while the Conven-
tion is in session.

Read.

Delegate Stagg moved adoption of Rule No. 11.

Seconded by Delegate Leithman.

And Rule No. 11 was adopted viva voce.

Rule No. 12. Administration of Rules. The Chairman of
the Convention shall provide for the administration of the
rules governing admission to the Convention as provided
herein.

Read.

Delegate Stagg moved adoption of Rule No. 12.

Seconded by Delegate Leithman.

And Rule No. 12 was adopted viva voce.

Rule No. 13. Regulation of Convention Area. The Chair-
man shall have the regulation and control of such parts of
the Convention Hall and its passage or any other places of
general assembly as are or may be set apart for the use of
the Convention, its officers and employees.

Read.

Delegate Stagg moved adoption of Rule No. 13.

Seconded by Delegate Leithman.

And Rule 13 was adopted viva voce.

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

Read.

Delegate Stagg moved adoption of Rule No. 14.

Seconded by Delegate Leithman.



Delegate Burson sent up a floor amendment which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Burson to Committee
Resolution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1

On page 4, line 2, after the words "in order" insert the
following

", except a motion to suspend the rules or a motion to
go into the committee of the whole,"

Delegate Burson moved adoption of amendment.

Seconded by Delegate Bollinger.

And the amendment was adopted viva voce.

Delegate Triche sent up a floor amendment which was

read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Triche to Committee
Resolution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1

On page 4, at the end of line 1, delete the period "." and
add the following:

", except in the Committee of the Whole as may be pro-
vided by the Convention in accordance with Rule No. 65."

Delegate Triche moved the adoption of the amendment.

Seconded by Delegate O'Neill.

And the amendment was adopted viva voce.

Delegate Stagg moved the adoption of Rule No. 14, as
amended.

Seconded by Delegate Leithman.

And the Rule was adopted viva voce.

Rule No. 15. Open Meetings. All meetings of the Conven-
tion shall be open to the public and the news media.

Read.

Delegate Stagg moved the adoption of Rule 15.

Seconded by Delegate Leithman.

Delegate Roemer sent up a floor amendment which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Roemer to Committee
Resolution No. 1 by Delegate Stagg.

Amend the printed proposed rules as follows:

AMENDMENT No. 1

On page 4, at the beginning of line 6, after the partial
word "tion" and before the word "shall" insert the following:

"including committee meetings"

Delegate Roemer moved the adoption of the amendment.

Seconded by Delegate Reeves.

And the amendment was rejected, viva voce.

Delegate Jenkins sent up a floor amendment which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Jenkins to Committee
Resolution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1

On page 4, line 6, after the portion of the word "tion"
insert the words



18



PAGE 12

2nd Days Proceedings  January 12, 1973



", including all meetings of committees and sub-commit-
tees,"

Delegate Jenkins moved the adoption of the amendments.

Seconded by Delegate LeBreton.

On motion of Delegate Jenkins the amendments were
withdrawn.

At this time the Hon. David R. Poynter, Clerk of the House
of Representatives, administered the following Oath of
Office to Delegate Chris Roy.

OATH

"I, Chris Roy do solemnly swear (or affirm) that I will
support the Constitution and laws of the United States
and the Constitution and laws of this State; and that I will
faithfully and impartially discharge and perform all the
duties incumbent upon me as a delegate to the Constitu-
tional Convention of 1973, according to the best of my ability
and understanding. So help me God." (underscored words
supplied)

Delegate Stagg moved the adoption Rule No. 15.

Seconded by Delegate Kean.

And the Rule was adopted viva voce.

Delegate Lambert sent a floor amendment which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Lambert to Committee
Resolution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1
On page 21, between lines 10 and 11, insert the following:
"Rule No. 15.1. Public Notice. The provisions of R.S. 42:7
shall be applicable to all meetings of this Constitutional Con-
vention, all meetings of its committees, sub-committees, all
proceedings, hearings and other related activities."

Delegate Lambert moved the adoption of the amendment.

On motion of Delegate Lambert the amendment was
withdrawn.

Rule No. 16. Convention Officer. The officers of the
Convention shall be a Chairman, who shall be Chairman of
the Convention, a First Vice-Chairman, three Vice-Chairmen,
a Secretary, and a Treasurer. These officers shall constitute
the Executive Committee of the Convention, shall be dele-
gates to the Convention, and shall each be elected in separate
elections by a majority vote of all of the delegates of the
Convention.

Read.

Delegate Stagg moved the adoption of Rule No. 16.

Seconded by Delegate Kean.

Delegate Reeves sent up a floor amendment which was

read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegates Reeves and Roemer to
Committee Resolution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1

On page 4, line 13, strike out the word "constitute" and
insert in lieu thereof "be members of



Delegate Reeves moved the adoption of the amendment.

Seconded by Delegate Roemer.

On motion of Delegate Reeves the amendments were with-
drawn.

Delegate Stagg withdrew his motion to adopt Rule No. 16.
Motion

Delegate Stagg then moved to take Rule No. 18 out of

its regular order.

Seconded by Delegate Stovall.

Substitute Motion



As a substitute, Delegate Wall moved that Rules No. 16
and 18 be considered at the same time.

Seconded by Delegate Taylor.

The vote recurred on the substitute motion which was
rejected, viva voce.

The question then recurred on Delegate Stagg's motion
that Rule No. 18 be considered out of its regular order,
which motion was agreed to.

Rule No. 18. Duties. The Executive Committee shall:

A. Employ a research director, research assistants, secre-
tarial and/or clerical personnel and such other employees
as it deems necessary, in accordance with provisions of
Act 2 of the 1972 Regular Session. The Executive Commit-
tee shall be a committee on administration, which shall con-
sider research materials and personnel, convention budget
and finance and ether administrative details, facilities and
physical arrangements for the Convention, for committtee
hearings and for the staff, outside grants and assistance
to the Convention, purchases and rental of equipment,
supplies and services, printing and related matters.

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

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

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

Read.

Delegate Stagg moved the adoption of Rule No. 18.

Seconded by Delegate Arnette.

Delegates Ray and Wall sent up a floor amendment which
was read as follows:

FLOOR AMENDMENTS

Amendment proposed by Delegates Roy and Wall to Com-
mittee Resolution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1

On page 4, at the end of line 28 strike out the ":" and add
the following: "be composed of the officers of the Conven-
tion and sixteen delegates, with two delegates to be elected
from each congressional district in which they resided at the
time of qualification or appointment. Such voting shall be
in separate congressional caucases. The Executive Commit-
tee shall elect from its membership a Chairman and such
other officers as it deems necessary. The Executive Com-
mittee, in addition to such duties as are prescribed by law
or hereinafter set forth in these Rules, shall:"

Delegate Roy moved the adoption of the amendment.

Seconded by Delegate Ginn.

Delegate Kean in the Chair



19



PAGE 13

2nd Days Proceedings  January 12, 1973



Chairman Henry in the Chair

On motion of Delegate Roy the amendment was with-
drawn.

Delegate Avant sent up a floor amendment which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Avant to Committee
Resolution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1
On page 5, between lines 10 and 11 insert the following:
"E. Any other provision in these rules to the contrary
notwithstanding the Executive Committee may, when per-
forming the duties assigned it in this rule, meet in Execu-
tive Session but no committee action shall be taken while
in Executive Session."

Delegate Avant moved the adoption of the amendment.

Seconded by Delegate Zervigon.

On motion of Delegate Avant, the amendment was with-
drawn.

Delegate Avant sent up a floor amendment which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Avant to Committee
Resolution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1
On page 5, between lines 10 and 11 insert the following:
"E. Any other provision in these rules to the contrary
notwithstanding the Executive Committee may, when per-
forming the duties assigned it in this rule with respect to
personel matters, meet in Executive Session but no com-
mittee action shall be taken while in Executive Session."

Delegate Avant moved the adoption of the amendment.
Seconded by Delegate Zervigon.

A record vote was asked for and ordered by the Con-
vention.

ROLL CALL

The roll was called with the following result:



YEAS



Delegates 




Abraham


Gauthier


Alexander


Ginn


Arnette


Gravel


Asseff


Grier


Avant


Hardee


Brien


Juneau


Cannon


Kilbourne


Carmouche


Landry, E.


Chatelain


Leigh


Colten


Leithman


Conino


Lowe


Come


McDaniel


Cowen


Martin


De Blieux


Mauberret


Dennery


Miller


Deshotels


Mire


Dunlap


Munson


Duval


Newton


Elkins


Nunez


Flory


Ourso


Fontenot


Perkins


Fulco


Perez


Total 65.





Roy

Robinson

Segura

Slay

Smith

Stagg

Stinson

Stovall

Sutherland

Thompson

Tobias

Triche

Velazquez

Vesich

Vick

Weiss

Willis

Winchester

Wisham

Womack

Zervigon



NAYS



Delegates 






Aertker


Fowler


Rachal


Alario


Giarrusso


Rayburn


Anzalone


Guarisco


Reeves


Badeaux


Guidry


Roemer


Bel


Hayes


Riecke


Bergeron


Haynes


Sandoz


Blair


Jackson, A.


Schmitt


Bollinger


Jackson, J.


Shannon


Brown


Jenkins


Silverberg


Burns


Kean


Singletary


Burson


Kelly


Soniat


Casey


Kilpatrick


Stephenson


Champagne


Lambert


Tapper


Chehardy


Landrum


Tate


Conroy


Landry, A.


Taylor


D'Gerolamo


Lanier


Thistlethwaite


Dennis


LeBleu


Toca


Dert)es


LeBreton


Toomy


Drew


Lennox


Ullo


Edwards


ONeill


Wall


Fayard


Planchard


Warren


Total 63


ABSENT




Delegates 






Mr. Chairman


Hernandez




Armentor


Jack




Total 4.







And the amendment was adopted.

Delegate Rayburn sent up a floor amendment which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegates Rayburn and Fayard
to Committee Resolution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1
On page 5. between lines 10 and 11, insert the following:
"F. Any delegate may attend any executive session held

by the Executive Committee or any other committee."

Delegate Rayburn moved the adoption of the amendment.

Seconded by Delegate DeBlieux.

And the amendment was adopted.

Delegate Gravel sent up a floor amendment which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Gravel to Committee
Resolution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1
On page 5, between the lines 10 and 11 add the following:
"G." Perform such additional duties as may be directed

or prescribed by the Convention."

Delegate Gravel moved the adoption of the amendment.

Seconded by Delegate Chehardy.

And the amendment was rejected, viva voce.

Duval moved the adoption of Rule 18,



us



Delegate
amended.

Seconded by Delegate Lanier.

And Rule 18, as amended, was adopted, viva voce.

Rule No. 16. Convention Officers. The officers of the Con-
vention shall be a Chairman, who shall be Chairman of
the Convention, a First Vice-Chairman, three Vice-Chairmen,
a Secretary, and a Treasurer. These officers shall constitute
the Executive Committee of the Convention, shall be dele-
gates to the Convention, and shall each be elected in separate
elections by a majority vote of all of the delegates of the
Convention.

Read.

Delegate Stagg moved the adoption of Rule 16.

Seconded by Delegate Kean.

Delegate Leigh sent up a floor amendment which was
read as follows:



20



PAGE 14

2nd Days Proceedings  January 12, 1973



FLOOR AMENDMENT

Amendment proposed by Delegate Leigh to Committee
Resolution No. 1 by Delegate Stagg.

Amend the printed Proposed Rule as follows:

AMENDMENT No. 1

On page 4, line 13, after the word "officers" and before
the word "shall" insert the following:

", together with a representative from any Congressional
District not otherwise represented thereon, to be elected by
caucus of the members of the Congressional District in-
volved,"

Delegate Leigh moved the adoption of the amendment.

Delegate Duval seconded the motion.

And the amendment was rejected, viva voce.

Delegate Roemer sent up floor amendments which were
read as follows:

FLOOR AMENDMENTS

Amendments proposed by Delegate Roemer to Committee
Resolution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:



AMENDMENT No. 1
On page 4, immediately after line 17, insert the following:
"The Executive Committee membership shall consist of
the officers of the convention, and one member elected from
each Congressional District within a caucus of the same to be
held subsequent to the adoption of these rules."

AMENDMENT No. 2

On page 4, at the end of line 13, strike out the word "con-
stitute" and insert in lieu thereof "shall be members of"

Delegate Roemer moved the adoption of the amendments.

Delegate Duval seconded the motion.

And the amendment was rejected, viva voce.

Delegate Juneau moved that the Convention be adjourned
until 10:00 a.m., Saturday, January 13, 1973 at the Bellemont
Motel.

And Chairman Henry declared the Convention adjourned
to Saturday, January 13 at 10:00 a.m.

Prepared in accordance with the trans-
cript and records of the Convention. Reso-
lutions introduced on this day have been
numbered by the Secretary in accordance
with the order of the Convention.

MOISE W. DENNERY
Secretary

DAVID R. POYNTER
Chief Clerk



21



OFFICIAL JOURNAL
OF THE

CONSTITUTIONAL CONVENTION
OF 1973

OF THE
STATE OF LOUISIANA



THIRD DAY'S PROCEEDINGS



of the Constitutional Convention of 1973

held in accordance with Act 2 of the 1972

Regular Session of the Legislature

Saturday, January 13, 1973, Baton Rouge, La.

The Convention was called to order at 10:00 o'clock A.M.,
by Hon. E. L. Henry, Chairman of the Convention.

ROLL CALL

The roll being called, the following delegates answered
to their names:

PRESENT



Delegates-






Mr. Chairman


i Fowler


Planchard


Abraham


Fulco


Rachal


Aertker


Gauthier


Ray burn


Alario


Giarrusso


Reeves


Alexander


Ginn


Riecke


Anzalone


Gravel


Robinson


Arnette


Grier


Roemer


Asseff


Guidry


Roy


Avant


Hardee


Sandoz


Badeaux


Hayes


Schmitt


Bel


Haynes


Segura


Bergeron


Hernandez


Shannon


Blair


Jackson, A.


Silverberg


Bollinger •


Jackson, J.


Single tary


Brien


Jenkins


Slay


Brown


Juneau


Smith


Burns


Kean


Soniat


Burson


Kelly


Stagg


Cannon


Kilbourne


Stephenson


Carmouche


Kilpatrick


Stinson


Casey


Lambert


Stovall


Champagne '


Landrum


Sutherland


Chatelain


Landry, A.


Tapper


Chehardy


Landry, E. J.


Tate


Colten


Lanier


Taylor


Conino


LeBleu


Thistlethwaite


Conroy


LeBreton


Thompson


Corne >


Leigh


Tobias


Cowen


Leithman


Toca


D'Gerolamo


Lennox


Toomy


De Blieux


Lowe


Triche


Dennery


McDaniel


Ullo


Dennis


Martin


Velazquez


Derbes


Mauberret


Vesich


Deshotels


Miller


Vick


Drew


Mire


Wall


Dunlap


Munson


Warren


Duval


Newton


Weiss


Edwards


Nunez


Willis


Elkins


O'Neill


Winchester


Fayard


Ourso


Wisham


Flory


Perez


Womack


Fontenot


Perkins


Zervigon


Total 129.


ABSENT




Delegates 






Armentor


Guarisco


Jack


Total 3.







Prayer

Prayer was offered by Delegate De Blieux.

Pledge of Allegiance

Delegate Duval led the Convention in reciting the Pledge
of Allegiance to the Flag of the United States of America.

Reading of the Journal

On motion of Delegate Leithman, the reading of the Jour-
nal was dispensed with.

The Convention then returned to the business in which
it was engaged at the time of adjournment on yesterday.

And the Chair declared that the Convention had under
consideration at the time of adjournment Rule No. 16 of
Committee Resolution No. 1, by Delegate Stagg on behalf
of the Temporary Committee on Rules.

Rule No. 16. Convention Officers. The officers of the
Convention shall be a Chairman, who shall be Chairman of
the Convention, a First Vice-Chairman, three Vice-Chairmen,
a Secretary, and a Treasurer. These officers shall constitute
the Executive Committee of the Convention, shall be dele-
gates to the Convention, and shall each be elected in sep-
arate elections by a majority vote of all of the delegates of
the Convention.

Read.

Delegate Roy sent up floor amendments, which were read
as follows:

FLOOR AMENDMENTS

Amendments proposed by Delegate Roy to Committee
Resolution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1

On page 4, line 13, immediately after the period "." strike
out the remainder of the line in its entirety

AMENDMENT No. 2

On page 4, strike out lines 14 through 17 in their entirety
and insert in lieu thereof the following:

"There shall be an Executive Committee which shall be
composed of the officers of the Convention and sixteen
delegates, with two delegates to be elected from each con-
gressional district in which they resided at the time of
qualification or appointment. Such voting shall be in sep-
arate congressional caucuses. The Executive Committee shall
elect from its membership a Chairman and such other of-
ficers as it deems necessary. The Executive Committee shall
have such duties as are prescribed by law or hereinafter set
forth in these Rules."

On motion of Delegate Roy, the amendments were with-
drawn.

Delegate Roy sent up floor amendments which were
read as follows:

FLOOR AMENDMENTS

Amendments proposed by Delegate Roy on Committee
Resolution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:



The Chairman announced that there were 129 members
present and a quorum.



AMENDMENT No. 1

On page 4, line 13, immediately after the period
out the remainder of the line in its entirety



strike



AMENDMENT No. 2

On page 4, strike out lines 14 through 17 in their entirety
and insert in lieu thereof the following:

"There shall be an Executive Committee which shall be
composed of the officers of the Convention and sixteen dele-
gates, with two delegates to be elected from each congres-
sional district in which they resided at the time of qualifi-
cation or appointment. Such voting shall be in separate
congressional caucuses. The Chairman of the Convention shall
serve as Chairman of the Executive Committee. The Execu-



22



PAGE 2

3rd Days Proceedings  January 13, 1973



tive Committee shall have such duties as are prescribed by
law or hereinafter set forth in these Rules."

On motion of Delegate Roy the amendments were with-
drawn.

Delegate Roy sent up floor amendments which were read
as follows:

FLOOR AMENDMENTS

Amendments proposed by Delegate Roy to Committee
Resolution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1

On page 4, line 13, immediately after the period "." strike
out the remainder of the line in its entirety.

AMENDMENT No. 2

On page 4, strike out lines 14 through 17 in their entirety
and insert in lieu thereof the following:

"There shall be an Executive Committee which shall be
composed of the officers of the Convention and sixteen
delegates, with two delegates to be elected from each con-
gressional district in which they resided at the time of qual-
ification or appointment. Such voting shall be in separate
congressional caucuses. The Chairman of the Convention
shall serve as Chairman of the Executive Committee. No
member of the Executive Committee, other than the Chair-
man of the Convention shall serve on the Committee on
Committees nor shall the Executive Committee serve as the
Committee on Committees. The officers of the Convention
shall be delegates to the Convention and shall each be
elected in separate elections by a majority vote of all the
delegates of the Convention."

Delegate Roy moved the adoption of the amendment.

Seconded by Delegate Bollinger.

A roll call vote was asked for and ordered by the Con-
vention.

ROLL CALL

The roll was called with the following result:
YEAS



Delegates 






Mr. Chairman


Dennis


Lambert


Abraham


Derbes


Landrum


Aentker


Deshotels


Landry, A.


Alario


Drew


Landry, E.


Alexander


Dunlap


Lanier


Anzalone


Duval


LeBleu


Arnette


Edwards


LeBreton


Asseff


Elkins


Leigh


Avant


Fayard


Leithman


Badeaux


Flory


Lowe


Bel


Fontenot


McDaniel


Bergeron


Fowler


Martin


Blair


Fulco


Mauberret


Bollinger


Gauthier


Miller


Brien


Giarrusso


Mire


Brown


Ginn


Munson


Burns


Gravel


Newton


Burson


Grier


Nunez


Cannon


Guidry


O'Neill


Carmouche


Hardee


Ourso


Cas«y


Hayes


Perez


Champagne


Haynes


Perkins


Chatelain


Hernandez


Planchard


Chehardy


Jackson, A.


Rachal


Colten


Jackson, J.


Rayiburn


Conino


Jenkins


Reeves


Conroy


Juneau


Riecke


Come


Kean


Robinson


Cowen


Kelly


Roemer


D'Gerolamo


Kilbourne


Roy


Oennery


Kilpatrick


Sandoz



Schmitt


Sutherland


Velazquez


Segura


Tapper


Vesich


Shannon


Taylor


Vick


Silverberg


Thistlethwaite


Wall


Singletary


Thompson


Warren


Slay


Tobias


Willis


Soniat


Toca


Winchester


Stephenson


Toorny


Wisham


Stinson


Triche


Zervigon


Stovall


Ullo




Total 122.


NAYS




Delegates 






De Blieux


Stagg


Womack


Lennox


Tate




Smith


Weiss




Total 7.


ABSENT




Delegates 






Armentor


Guarisco


Jack


Total 3.


And the amendments were adopted.

Delegate Roy sent up a floor amendment, which was read
as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Roy to Committee Reso-
lution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1

On page 4, in Convention Floor Amendment No. 2, pro-
posed by Delegate Roy and adopted by the Convention on
January 13, 1973, in the sentence "The officers of the Con-
vention shall be elected in separate elections by a majority
vote of all the delegates of the Convention." strike out the
words "in separate elections" and after such sentence add
the following:

"The Chairman, First Vice-Chairman, Secretary and Treas-
urer shall be elected in separate elections from separate
divisions designated alphabetically. The three Vice-Chairmen
shall be elected together in a single election. No delegate
shall be nominated for more than one such vice-chairman-
ship. Election shall be by majority vote of those present and
voting with each delegate entitled to vote for three nominees.
In the event one or more vice-chairmen are not elected on
the first ballot, the Chairman shall cause such additional
run-off elections to be conducted as are necessary until
three delegates have received, respectively, a majority of
the votes cast. In any such run-off election, the two can-
didates, not elected, receiving the highest number of votes
for each remaining unfilled seat, shall be placed in the run-
off election. All such elections shall be by open paper ballot
or by delegate roll call, in the discretion of the Chairman."

On motion of Delegate Roy the amendment was with-
drawn.

Delegate Roy sent up a floor amendment, which was read
as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Roy to Committee
Resolution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1

On page 4, in Convention Floor Amendment No. 2, pro-
posed by Delegate Roy and adopted by the Convention on
January 13, 1973, in the sentence "The officers of the Con-
vention shall be elected in separate elections by a majority
vote of all the delegates of the Convention." strike out the
words "in separate elections" and after such sentence add
the following:

"The Chairman, First Vice-Chairman, Secretary and Treas-
urer shall be elected in separate elections. Thereafter three
Vice-Chairmen shall be elected together in a single election
from separate divisions designated alphabetically and each
candidate shall declare for which division he or she is a
candidate. No delegate shall be nominated for more than



23



PAGE 3

3rd Days Proceedings  January 13, 1973



one such vice-chairmanship. Election shall be by majority
vote of those present and voting with each delegate entitled
to vote for three nominees. In the event one or more vice-
chairmen are not elected on the first ballot, the Chairman
shall cause such additional run-off elections to be conducted
as are necessary until three delegates have received, re-
spectively, a majority of the votes cast. In any such run-off
election, the two candidates, not elected, receiving the high-
est number of votes for each remaining unfilled seat, shall
be placed in the run-off election. All such elections shall be
by open paper ballot or by delegate roll call, in the discre-
tion of the Chairman."

Delegate Roy moved the adoption of the amendment.

Seconded by Delegate Taylor.

And the amendment was rejected, viva voce.

Recess

On motion of Delegate Weiss the Convention was recessed
until 1:30 o'clock, P.M.

After Recess

The Convention was called to order by Chairman Henry
at 1:30 o'clock, P.M.

Delegate Duval suggested the absence of a quorum.

ROLL CALL

The roll being called the following Delegates answered to
their names:

PRESENT



Delegates 






Mr. Chairman


Fowler


Rachal


Abraham


Fulco


Rayburn


Aertker


Gauthier


Reeves


Alario


Giarrusso


Riecke


Alexander


Ginn


Robinson


Anzalone


Gravel


Roemer


Arnette


Grier


Roy


Asseff


Hardee


Sandoz


Avant


Hayes


Schmitt


Badeaux


Haynes


Seguxa


Bel


Hernandez


Shannon


Bergeron


Jackson, A.


Silverberg


Blair


Jackson, J.


Singletary


Bollinger


Jenkins


Slay


Brien


Juneau


Smith


Brown


Kean


Soniat


Burns


Kelly


Stagg


Burson


Kilbourne


Stephenson


Carmouiche


Kilpatrick


Stinson


Casey


Lambert


Stovall


Champagne


Landrum


Sutherland


Chatelain


Landry, A.


Tapper


Chiehardy


Landry, E. J.


Tate


Colten


Lanier


Taylor


Conino


LeBleu


Thistlethwaite


Conroy


LeBreton


Thompson


Corne


Leigh


Tobias


Cowen


Leithman


Toca


D'Gerolamo


Lennox


Toorny


De Blieux


Lowe


Triche


Dennery


McDaniel


Ullo


Dennis


Martin


Velazquez


Derfoes


Mauberret


Vesich


Deshotels


Miller


Vick


Drew


Munson


Wall


Dunlap


Newton


Warren


Duval


Nunez


Weiss


Edwards


O'Neill


Willis


Elkins


Ourso


Winchester


Fayard


Perez


Wish am


Flory


Perkins


Womack


Fontenot


Planchard


Zervigon


Total 126.







Delegates 
Armentor
Cannon

Total 6.



ABSENT



Guarisco
Guidry



Jack
Mire



The Chairman announced that there were 126 members
present and a quorum and that the Convention had before
it Rule No. 16 of Committee Resolution No. 1.

Delegate Kean sent up a floor amendment which was
read as follows:

FLOOR AMENDMENTS

Amendment proposed by Delegate Kean to Committee
Resolution No. 7 by Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1

On page 4, immediately following the portion of the sen-
tence ". . . nor shall the Executive Committee serve as the
Committee on Committees" added by Convention Floor
Amendment No. 2, proposed by Delegate Roy and adopted
by the Convention on January 13, 1973, insert the following:

"The Executive Committee may divide itself into sub-
committees and assign to any such sub-committees any duty
or duties of the Executive Committee."

Delegate Kean moved the adoption of the amendment.

Seconded by Delegate Stagg.

Upon a division of the Convention, the amendment was
rejected by a vote of 54 yeas and 63 nays.

Delegate Stagg moved the adoption of Rule No. 16, as
amended.

Delegate Wisham seconded the motion.

And the Rule No. 16 was adopted, as amended, viva voce.

Rule No. 17. Convention Employees.

A. A Chief Clerk and a Sergeant-at-Arms shall be em-
ployed by the Chairman of the Convention subject to the ap-
proval of a majority vote of the entire Convention; they shall
not be delegates to the Convention.

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

Read.

Delegate Stagg moved the adoption of Rule 17.

Seconded by Delegate Reeves.

And the rule was adopted, viva voce.

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

A. Preside at sessions of the Convention and exercise the
usual powers and perform the ususal duties of a pre-
siding officer;

B. Preserve order and decorum;

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

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

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

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

G. Assign, with the assistance of the Executive Commit-
tee, the delegates to their seats, according to congressional
districts;

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

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

J. Make corrections of the official journal of the
Convention, if necessary, attested by the Secretary with
notification of any substantive changes being made to the
Convention at large;



24



PAGE 4

3rd Days Proceedings  January 13, 1973



K. Direct the Convention in its official activities, includ-
ing naming delegates to perform duties connected with the
business of the Convention;

L. Not engage in debate when sitting as Chairman, nor
shall he vote on appeals from his rulings;

M. Maintain general control of the Convention Hall, its
environs, and all rooms set apart for use of the Convention;

N. Sign all warrants and/or checks;

O. Supervise the Convention staff, provided that he may
delegate certain of this function to members of the staff;

P. On his own initiative or at the direction of the Con-
vention appoint such special committees as may be neces-
sary to perform special functions.

Read.

Delegate Stagg moved the adoption of Rule 19.

Delegate Thompson seconded the motion.

Delegate Casey sent up floor amendments which were read
as follows:

FLOOR AMENDMENTS

Amendments proposed by Delegate Casey to Committee
Resolution No. 1 by Delegate Stagg.



Amend the original Resolutions as follows:



AMENDMENT No. 1
On page 5, line 30,
comma "," and in lieu
remainder of line 30.



after the word
thereof insert a



"seats" delete the
";" and delete the



AMENDMENT No. 2
On page 5, delete all of line 31.

Delegate Casey moved the adoption of the amendments.

Seconded by Delegate LeBreton.

And the amendment was adopted, viva voce.

Delegate Dennery sent up floor amendments which were
read as follows:

FLOOR AMENDMENTS

Amendments proposed by Delegate Dennery to Committee
Resolution No. 1 by Delegate Stagg.

Amend the printed Rules as follows:

AMENDMENT No. 1  
On page 6, line 13 delete the words "and/or checks"

AMENDMENT No. 2
On page 8, delete line 10 in its entirety.

AMENDMENT No. 3

On page 9, between lines 1 and 2, add the following Rule
25 ( 1 ) to read as follows:

"Rule No. 25(1). All checks shall be signed by the
Chairman or the first vice-chairman and by the treasurer or
the chief clerk."

Delegate Dennery moved the adoption of the amendments.

Seconded by Delegate Toca.

And the amendments were adopted.

Delegate Stagg moved the adoption of Rule 19, as amended.

Delegate Kean seconded the motion.

And the Rule was adopted, as amended.

Rule No. 20. Duties.The First Vice-Chairman shall serve
as First Vice-Chairman of the Convention, and as such,
shall:

A. Preside as acting Convention chairman, when requested
to do so by the Convention Chairman, or in the absence or
inability of the Chairman to serve;



B. Serve as a member of the Executive Committee of the
Convention, and carry out such other duties as are assigned
by the Chairman;

C. Serve as an ex officio member of the Committee on
Rules, Credentials, Ethics and Schedules, but shall have no
vote and shall not be counted for the purpose of obtaining
a quorum.

Delegate Stagg moved the adoption of Rule 20.

Delegate Miller seconded the motion.

Delegate De Blieux sent up floor amendments which were
read as follows:

FLOOR AMENDMENTS

Amendments proposed by Delegate De Blieux to Committee
Resolution No. 1.

Amend the original Resolution as follows:

AMENDMENT No. 1

On page 6. line 30, after the word "vote" and before the
word "and" insert the word "therein".



quorum" and before the



AMENDMENT No. 2

On page 6. line 31, after the word '
period, "." insert the word "thereof".

Delegate De Blieux moved the adoption of the amendments.

Delegate Schmitt seconded the motion.

And the amendment was adopted.

Delegate Stagg moved the adoption of Rule 20 as amended.

Seconded by Delegate De Blieux.

And the Rule was adopted.

Rule No. 21. Vice-Chairmen. The Vice-Chairmen shall:

A. Preside in the absence of the Chairman and the First
Vice-Chairman in the order established by the Chairman
as provided in Rule No. 19E;

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

C The Chairman shall designate Vice-Chairmen to serve
ex officio on each of the three remaining procedural commit-
tees. No Vice-Chairman shall have a vote on the committee
to which he is assigned and shall not be counted for the
purpose of obtaining a quorum.

Read.

Delegate Stagg moved the adoption of Rule No. 21.

Seconded by Delegate Kean.

sent up floor amendments which were



Delegate Stagg
read as follows:



FLOOR AMENDMENTS

Amendments proposed by Delegate Stagg to Committee
Resolution No. 1 by Delegate Stagg:

Amend the original Resolution as follows:

AMENDMENT No. 1
On page 6, between lines 31 & 32 insert:
"Vice-Chairmen"



AMENDMENT No. 2

On page 6, line 32, strike out "Vice-Chairmen"
"Duties"



and insert



AMENDMENT No. 3

On page 7, insert the word "thereof" after the word
quorum

Delegate Stagg moved adoption of the amendment.

Seconded by Delegate Tapper.

And the amendment was adopted.

Delegate Stagg moved the adoption of Rule No. 21 as
amended.

Seconded by Delegate Kean.

And the Rule was adopted.



25



PAGE 5

3rd Days Proceedings  January 13, 1973



Rule No. 22. Duties. The Secretary shall:

A. Exercise responsibility for the accuracy of the Con-
vention Journal of Proceedings, and the daily publication
and distribution of the Journal;

B. Keep a verbatim written record and a sound recording
of all proceedings of the Convention and of the Committee
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 resolu-
tions, 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 the preservation of all
proceedings of the Convention and its committees, and see
that all records are properly preserved in archives of the
state;

I. Serve as a member of the Executive Committee;

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

Read.

Delegate Stag moved the adoption of Rule 22.

Seconded by Delegate Kean.

Delegate LeBreton sent up a floor amendment which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate LeBreton to Committee
Resolution No. 1 by Delegate Stagg:

Amend the original Resolution as follows:

AMENDMENT No. 1

On page 7, line 13, delete the words "a verbatim written
record and"

Delegate LeBreton moved the adoption of the amendment.

Which motion was seconded from the floor.

And the amendment was rejected, viva voce.

Delegate Juneau sent up a floor amendment which was
read as follows:

FLOOR AMENDMENTS

Amendment proposed by Delegate Juneau to Committee
Resolution No. 1 by Delegate Stagg:

Amend the original Resolution as follows:

AMENDMENT No. 1

On page 7, line 14, delete the word "proceedings" and
insert in lieu thereof the word "sessions"

Delegate Juneau moved the adoption of the amendment.

Delegate LeBreton seconded the motion.

And the amendment was adopted.

Delegate Lebreton sent up a floor amendment which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate LeBreton to Committee
Resolution No. 1 by Delegate Stagg:

Amend the original Resolution as follows:

AMENDMENT No. 1

On Page 7, line 13, after the word "a" and before the word
"written" delete the word "verbatim".



Delegate LeBreton moved the adoption of the amendment.

Delegate Blair seconded the motion.

And the amendment was rejected, viva voce.

Delegate Stagg moved the adoption of the Rule No. 22 as
amended.

Delegate Velazquez seconded the motion.

And the rule as amended was adopted.

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

Read.

Delegate Stagg moved the adoption of Rule No. 23.

Seconded by Delegate Kean.

And the Rule was adopted.

Rule No. 24. Duties. The Treasurer shall:

A. Exercise responsibility for the accuracy of the Con-
vention'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
Representatives and the Secretary of the Senate;

F. Make financial records of the Convention available for
audit to the Lousisana 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 the
Chairman.

Read.

Delegate Stagg moved the adoption of Rule No. 24.

Seconded by Delegate Alario.

And the Rule was adopted.

Rule No. 25. Duties. The Chief Clerk:

A. Shall not be a delegate to the Convention;

B. Shall perform general administrative duties of the Con-
vention 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 the Secretary;

C. Shall be answerable to the entire Convention for
faithful execution of his 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; how-
ever, all parliamentary rulings shall be the responsibility of,
and shall be made by the Chairman.

Read.

Delegate Stagg moved the adoption of Rule No. 25.

Seconded by Delegate Velazquez.

Delegate Stagg sent up a floor amendment which was read
as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Stagg to Committee
Resolution No. 1 by Delegate Stagg, et al.

Amend the Original Resolution as follows:

AMENDMENT No. 1
On page 8, line 34, change "chairman" to "chairmen"

On motion of Delegate Stagg, and seconded by Delegate
Valazquez, the amendment was adopted.

Delegate Stagg sent up a floor amendment which was read
as follows:



26



PAGE 6

3rd Days Proceedings  January 13, 1973



FLOOR AMENDMENT

Amendment proposed by Delegate Stagg to Committee
Resolution No. 1 by Delegate Stagg, et al.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 9, line 1, after "Chairman" insert:
"or committee chairmen in committee."

Delegate Stagg moved the adoption of the amendment.

Seconded by Delegate Kean.

And the amendment was adopted.

Delegate Stagg moved the adoption of the Rule, as amended.

Seconded by Delegate Kean.

And the Rule, as amended was adopted.

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

A. Attend the Convention during its sitting, to execute
commands as directed to him by the chairman, including
signing for and delivery of correspondence addressed tcj
delegates;

B. Maintain order in the Convention Hall and execute
Rules of the Convention concerning admission to the floor;

C. Maintain order at committee hearings and assist com-
mittee chairmen in their duties.

D. Exercise supervisory control over his assistants, sub-
ject to direction of the chairman.

Read.

Delegate Stagg moved adoption of Rule 26.

Seconded by Delegate Arnette.

And the Rule was adopted.

Delegate Stagg sent up amendments which were read as
follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Stagg to Committee
Resolution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1

On page 9, between lines 12 and 13, insert the following:

Rule 26.1 Vacancies

If a vacancy occurs in the office of Chairman, the first
Vice-Chairman shall temporarily preside until the Convention
elects a Chairman to fill the office in the same manner in
which the officer was first elected.

If a vacancy occurs in the office of any of the Vice Chair-
men or in the office of the Secretary or Treasurer, the
Chairman shall appoint a delegate to exercise the powers
of that vacant office until the Convention fills the vacancy
in the same manner in which the officer was first elected.

Delegate Stagg moved the adoption of the amendment.

Seconded by Delegate Kean.

And the amendment was adopted.

Read.

Delegate Stagg moved the adoption of Rule 26.1.

Seconded by Delegate Toca.

And the Rule was adopted.

Rule No. 27. Delegates Oath. No delegate shall be qualified
to serve unless and until he has taken the prescribed oath.

Read.

Delegate Stagg moved the adoption of Rule No. 27.

Seconded by Delegate Kean.

Delegate Stagg sent up a floor amendment which was read
as follows:



FLOOR AMENDMENT

Amendment proposed by Delegate Stagg to Committee
Resolution No. 1 by Delegate Stagg et al.

Amend the original Resolution as follows:

AMENDMENT No. 1
On page 9, line 17, change "oath" to "oaths"

Delegate Stagg moved the adoption of the amendment.

Seconded by Delegate Kean.

And the amendment was adopted.

Delegate Stagg moved the adoption of the Rule, as
amended.

Seconded by Delegate Kean.

And the Rule was adopted.

Rule No. 28. Recognition in Debate. When any delegate
desires to speak in debate or present any matter to the
Convention, he shall rise and address himself to the chair.
He shall not speak until recognized, and when recognized,
he shall confine himself to the question under debate.

Read.

Delegate Stagg moved the adoption of Rule No. 28.

Seconded by Delegate Kean.

And the Rule was adopted.

Rule No. 29. Transgression of Rules. If any delegate in
speaking or otheiwise, transgresses the rules of the Conven-
tion, the chairman shall call the delegate to order; in which
case the delegate shall sit down and shall not proceed
without leave of the chairman or the Convention.

Read.

Delegate Stagg moved the adoption of Rule No. 29.

Seconded by Delegate Kean.

And the Rule was adopted.

Rule No. 30. Limits on Debate. Delegates shall not speak
more than once to the same question, nor more than fifteen
minutes, without leave of the Convention, unless the delegate
is the mover, proposer or introducer of the matter pending,
in which case, either the delegate and/or his designees shall
be permitted to speak in reply, but not until every delegate
choosing to speak shall have spoken, except where the
previous question or the previous question on the entire
subject matter has been ordered. When the previous ques-
tion has been ordered, the mover, proposer or introducer
shall nonetheless have the right to speak or reply as pro-
vided in Rule No. 76. The time for reply shall not exceed a
total of fifteen minutes.

Read.

Delegate Stagg moved the adoption of Rule No. 30.

Seconded by Delegate Riecke.

And the Rule was adopted.

Motion

Delegate Kean moved that Rule No. 30, just adopted, be
applied during the remainder of the consideration of Com-
mittee Resolution No. 1.

The motion was seconded by Delegate Chatelain.

And the motion carried.

Rule No. 31. Prohibited Behavior. No delegate shall walk
off of the Convention floor during roll calls, nor shall any
delegate in any way impede the business of the Convention
by interrupting delegates who are speaking, by use of
objectionable language, or by engaging in any way in dis-
courteous conduct.



Read.



27



PAGE 7

3rd Days Proceedings  January 13, 1973



Delegate Stagg moved the adoption of Rule No. 31.

Seconded by Delegate Riecke.

And the Rule was adopted.

Rule No. 32. Questions of Order. Every question of order
shall toe decided by the chairman, without debate, subject
to an appeal. The chairman may call for the sense of the
Convention on any question of order, but when an appeal has
been taken from the decision of the chair, any subsequent
question of order which may arise from the decision of such
appeal by the Convention shall be decided by the chairman
without debate, and all appeals therefrom shall also be de-
cided by the Convention without debate. Appeals from any
ruling of the chairman shall be affirmatively put, and to
overrule the chairman, shall require the same vote required
to suspend the rules. (See Rule No. 85.)

Read.

Delegate Stagg moved the adoption of Rule 32.

Seconded by Delegate Brien.

And the Rule was adopted.

Rule No. 33. Answering Roll Calls. Every delegate must
be at his desk when a roll call is being taken, and answers
to roll calls from other locations on the Convention floor
shall not be counted.

Read.

Delegate Stagg moved the adoption of Rule No. 33.

Seconded by Delegate O'Neill.

And the Rule was adopted.

Rule No. 34. Absence from Daily Session. A delegate may
be excused from attendance at daily sessions only with
leave from the chairman, and no delegate shall be compensa-
ted for a day on which he is absent from Convention sessions.

Read.

Delegate Stagg moved the adoption of Rule No. 34.

Seconded by Delegate Shannon.

And the Rule was adopted.

Rules No. 35. Vacancies. By a vote of at least two-thirds
of the delegates to the Convention, the seat of a delegate may
be declared vacant by the Convention if the delegate has been
absent for at least fifteen unexcused, consecutive, opening
roll calls. In the event of the death of, or written resigna-
tion by a delegate, the seat may be immediately declared
vacant by the Chairman. The Chairman shall notify the
Governor of any vacancy.

Read.

Delegate Stagg moved the adoption of Rule No. 35.

Seconded by Delegate Velazquez.

Motion

Delegate Blair moved to defer action of Rule No. 35.

Seconded by Delegate Tapper.

And the motion was rejected.

The vote then recurred on Delegate Stagg's motion that
Rule No. 35 be adopted.

And the Rule was adopted.

Rule No. 36. Voting in Person. No person other than the
delegate himself will be permitted to vote or to answer any
roll call or quorum call.

Read.



Mr. Stagg moved the adoption of Rule No. 36.

Mr. Munson seconded the motion.

And the Rule was adopted.

Rule No. 37. Proposal. Any original suggestion, proposition,
or draft intended to become a part of the Constitution shall
be referred to as a proposal. A proposal introduced by a
delegate shall be designated as a delegate proposal, and a
proposal submitted by a committee shall be designated as
a committee proposal. An amendment shall be designated as
an amendment.

Read.

Delegate Stagg moved the adoption of Rule No. 37.

Seconded by Delegate Kean.

And the Rule was adopted.

Rule No. 38. Resolutions. All matters of general convention
business, other than proposals intended to become a part of
the Constitution, shall be proposed through the instrument
of a resolution, which instrument shall be so designated
and may be introduced at any time.

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

Resolutions shall be subject to the same rules of readings,
committee referral and adoption as proposals. Resolutions
shall contain a short title which shall be reflective of its
purpose and substance, and shall comply with the form
requirements of Rule No. 41.

Read.

Delegate Stagg moved the adoption of Rule No. 38.

Seconded by Delegate Wisham.

And the Rule was adopted.

Rule No. 39. Introduction. A proposal may be introduced by
a delegate or delegates or by a committee on behalf of a
majority of its membership.

Read.

Delegate Stagg moved the adoption of Rule No. 39.

Seconded by Delegate Ourso.

And the Rule was adopted.

Rule No. 40. Introduction of Committee Proposals.

Committee proposals prepared and approved by the several
committtees of the Convention prior to July 5, 1973, shall
constitute the first proposals to be introduced in the Conven-
tion and shall be introduced by the chairman of each com-
mittee or his designee.

Read.

Delegate Stagg moved the adoption of Rule No. 40.

Seconded by Delegate Velazquez.

Delegte Zervigon sent up floor a amendment which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Zervigon to Committee
Resolution No. 1 by Delegate Stagg et al.

Amend the original Resolution as follows:

AMENDMENT No. 1
On page 12, at the end of line 3, add the following:
"These proposals as far as completed shall be mailed to

all convention delegates on or before June 22, 1973."

Delegate Zervigon moved the adoption of the amendment.
Seconded by Delegate De Blieux.
And the amendment was adopted.

Delegate Nunez in the Chair

Delegate Flory sent up a floor amendment which was read
as follows:



28



PAGE 8

3rd Days Proceedings  January 13, 1973



FLOOR AMENDMENT

Amendment proposed by Delegate Flory to Committee
Resolution No. 1 by Delegate Stagg et al.

Amend the original Resolution as follows:

AMENDMENT No. 1

On page 12, line 3, after the word "degree" and before the
"." insert:

"and shall bear the signatures of a majority of the members
of the committee."

Delegate Flory moved the adoption of the amendment.

Seconded by Delegate Thompson.

And the amendment was adopted.

Delegate Stagg moved the adoption of the Rule 40 as
amended.

Seconded by Delegate Womack.

And the Rule, as amended, was adopted .

Chairman Henry in the Chair

Rule No. 41. Form of Proposals. Delegate proposals shall
be distinguished from committee proposals and all proposals
shall be separately numbered. All proposals shall be intro-
duced or submitted in eight copies. All proposals must be
typed, double spaced on 8-l/2-by-14-inch paper in a type
face 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 delegates. The caption of each pro-
posal shall be substantially in the following form:
Constitutional Convention of Louisiana of 1973

PROPOSAL

(Committee of Delegate (Number)

Introduced by

(Name of Delegate or Committee Chairman)
Each proposal shall also contain a short title stating con-
cisely the general nature of its subject matter.

Read.

Delegate Stagg moved the adoption of Rule No. 41.

Seconded by Delegate Rayburn.

And the Rule was adopted.



Adjournment

The Chair then agreed to allow those delegates who wished
to do so to present motions for adjournment so that the
desires of the Convention on the matter of adjournment be
made known.

Motions

Delegate Rayburn moved that the Convention do now
adjourn until Monday, January 15, at 10:00 o'clock, A.M.

Seconded by Delegate Drew.

Delegate Brown moved the Convention do now adjourn
until Tuesday, January 16, at 12:00 noon.

Seconded by Delegate Lennox.

Delegate Brown withdrew his motion.

Delegate De Blieux moved that the Convention do now
adjourn until Tuesday, January 16, at 1:30 o'clock, p.m.

Seconded by Delegate Brown.

Delegate Weiss moved that the Convention do now ad-
journ until Sunday, January 14 at 10:00 o'clock, a.m.

Seconded by Delegate Abraham.

Delegate Asseff moved that the Convention do now adjourn
until Monday, January 16 at 7:00 o'clock, p.m.

Seconded by Delegate Tapper.

Delegate Shannon moved that the Convention do now ad-
journ until Tuesday, January 16, at 12:45 o'clock, p.m.

Seconded by Delegate A. Jackson.

Motion

Delegate LeBreton moved the previous question on the
entire subject matter and the question was called without
objection.

The Chair announced that the vote would then recur on the
motions beginning with that motion which stated the longest
period of adjournment and thus back to the shortest period.

The vote then recurred on Delegate De Blieux's motion to
adjourn until Tuesday, January 16, at 1:30 o'clock p.m., which
motion was adopted.

And the Chair declared the Convention adjourned until
Tuesday, January 16, at 1:30 o'clock, p.m. at which time it
would reconvene in Independence Hall in Baton Rouge,
Louisiana.

Prepared in accordance with the tran-
scripts and records of the Convention.

MOISE W. DENNERY,
Secretary.

DAVID R. POYNTER,
Chief Clerk.



29



OFFICIAL JOURNAL

OF THE

CONSTITUTIONAL CONVENTION
OF 1973

OF THE

STATE OF LOUISIANA



FOURTH DAY'S PROCEEDINGS



of the Constitutional Convention of 1973

held in accordance with Act 2 of the 1972

Regular Session of the Legislature

Tuesday, January 16, 1973, Baton Rouge, La.

The Convention was called to order at 1:30 o'clock p.m., by
Hon. E. L. Henry, Chairman of the Convention.

ROLL CALL

The roll being called, the following delegates answered to
their names:

PRESENT



jjeiegaies 
Mr. Chairman


Fontenot


Perez


Abraham


Fowler


Perkins


Aertker


Fulco


Planchard


Alario


Gauthier


Rachal


Alexander


Giarrusso


Rayburn


Anzalone


Ginn


Reeves


Arnette


Gravel


Riecke


Asseff


Grier


Robinson


Avant


Guarisco


Roemer


Badeaux


Guidry


Roy


Bel


Hardee


Schmitt


Bergeron


Hayes


Segura


Blair


Haynes


Shannon


Bollinger


Hernandez


Silverberg


Brien


Jackson, A.


Singletary


Brown


Jackson, J.


Slay


Burns


Jenkins


Smith


Burson


Juneau


Soniat


Cannon


Kean


Stagg


Carmouche


Kelly


Stephenson


Casey


Kilbourne


Stinson


Champagne


Kilpatrick


Stovall


Chatelain


Lambert


Sutherland


Chehardy


Landrum


Tapper


Colten


Landry, A.


Tate


Conino


Landry, E. J.


Taylor


Conroy


Lanier


Thistlethwaite


Corne


LeBleu


Tobias


Cowen


LeBreton


Toca


D'Gerolamo


Leithman


Toomy


De Blieux


Lennox


Triche


Dennery


Lowe


Ullo


Dennis


McDaniel


Velazquez


Derbes


Martin


Vesich


Deshotels


Mauiberret


Vick


Drew


Miller


Warren


Dunlap


Mire


Weiss


Duval


Munson


Willis


Edwards


Newton


Winchester


Elkins


Nunez


Wisnam


Fayard


O'Neill


Womack


Flory


Ourso


Zervigon


Total 126.


ABSENT




Delegates 






Armemtor


Leigh


Thompson


Jack


Sandoz


Wall


Total 6.







The Chairman announced that there were 126 members
present and a quorum.

Prayer

Prayer was offered by Delegate Stovall.
Pledge of Allegiance

Delegate Cannon led the Convention in reciting the Pledge
of Allegiance to the Flag of the United States of America.

Reading of the Journal

On motion of Delegate Toomy, the reading of the Journal
was dispensed with.

The Chair announced that the Convention had under con-
sideration that matter pending at the time of adjournment,
which was Committee Resolution No. 1 by Delegate Stagg on
behalf of the temporary Committee on Rules.

Rule No. 42. Deadline on Proposals. No proposals 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 adoption are followed. Amendments to proposals may be
offered any time.

Read.

Delegate Stagg moved the adoption of Rule No. 42.

Seconded by Delegate Velazquez.

Delegate Avant sent up the floor amendments which were
read as follows:

FLOOR AMENDMENTS

Amendments proposed by Delegate Avant to Committee
Resolution No. 1 by Delegate Stagg et al.

Amend the original Resolution as follows:

AMENDMENT No. 1
On Page 12, line 29, following the word "delegates" insert

AMENDMENT No. 2

On page 12, line 30, delete the semicolon (;) and in lieu
thereof insert a period (.) and delete the remainder of line
30.

AMENDMENT No. 3
On page 12 delete line 31.

AMENDMENT No. 4

On page 12, line 32, delete the language "for adoption are
followed."

Delegate Avant moved the adoption of the amendments.

Seconded by Delegate Roy.

And the amendments were adopted upon a division of the
Convention by a vote of 60 yeas and 50 nays.

Delegate Stagg moved the adoption of Rule No. 42, as
amended.

Seconded by Delegate Ginn.

And the Rule, as amended, was adopted.

Rule No. 43. Printing. Each proposal introduced shall be
immediately printed and distributed to the delegates and
shall be available to the general public and other interested
parties. No final action may be taken on any proposals until
printed copies have been distributed to the delegates for at
least forty-eight hours.

Read.

Delegate Stagg moved the adoption of Rule No. 43.

Seconded by Delegate Badeaux.

And the Rule was adopted.



30



PAGE 2

4th Days Proceedings  January 16, 1973

Rule No. 44. Order of Processing. The order of Conven-
tion procedure in processing each proposal shall be as fol-
lows:

A. Introduction, which shall constitute the first reading.

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

C. Committee reports.

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

E. If recommitted, reconsideration by substantive com-
mittee or committee of the whole.

F. Reference to committee on style and drafting.

G. Engrossment, which shall complete the second read-
ing.

H. Third reading and final passage.

I. Enrollment.

J. Referral to Committee on Style and Drafting.

K. Convention approval of final styling.

L. Final enrollment.
Each of the three required readings shall occur on three
different days.

Read.

Delegate Stagg moved the adoption of Rule No. 44.

Seconded by Delegate Brien.

Delegate Stagg sent up floor amendments which were read
as follows:

FLOOR AMENDMENTS

Amendments proposed by Delegate Stagg to Committee
Resolution No. 1 by Delegate Stagg et al.

Amend the original Resolution as follows:

AMENDMENT No. 1

On page 13, line 26, change "committee on style and draft-
ing" to "Committee on Style and Drafting"

AMENDMENT No. 2

On page 13, lines 14 and IT. change "Chairman" to "chair-
man"

Delegate Stagg moved the adoption of the amendments.

Seconded by Delegate Brien.

And the amendments were adopted.

Delegate Stagg moved the adoption of Rule No. 44, as
amended.

Seconded by Delegate Brien.

And the Rule, as amended, was adopted.

Rule No. 45. Order of Proposals. When a proposal 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.

Read.

Delegate Stagg moved the adoption of Rule No. 45.

Seconded by Delegate Silverberg.

And the Rule was adopted.

Rule No. 46. Amendments. Amendments shall be submitt-



ed in writing, and a copy of every such amendment shall be
distributed to each delegate before a vote occurs thereon.

Read.

Delegate Stagg moved the adoption of Rule No. 46.

Seconded by Delegate Leithman.

And the Rule was adopted.

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.

Read.

Delegate Stagg moved the adoption of Rule No. 47.

Seconded by Delegate Shannon.

And the Rule was adopted.

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.

Read.

Delegate Stagg moved the adoption of Rule No. 48.

Seconded by Delegate Riecke.

And the Rule was adopted.

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 con-
sider the offices comprising the executive department, re-
organization, term of the Governor and other elected offi-
cials, and impeachment;

3. Committee on Legislative Powers and Functions, which
shall consider the Legislative Department, apportionment,
qualifications, regular and special sessions;

4. Committee on Judiciary, which shall consider the ju-
diciary, tenure and selection of judges, the Department of
Justice, district attorneys, sheriffs, clerks of court and
coroners;

5. Committee on Local and Parochial Government, which
shall consider local and parochial government, home rule,
special districts, consolidation of governments and intergov-
ernmental cooperation;

6. Committee on Revenue, Finance and Taxation, which
shall consider revenue, finance, taxation, assessors and as-
sessment, exemptions, state debts and management of state
funds;

7. Committee on Education and Welfare, which shall
consider public education, Board of Regents for Higher Ed-
ucation, welfare, consumer affairs, civil service, labor and
industry; and

8. Committee on Natural Resources and Environment,
which shall consider public lands, minerals, water resources,
wildlife, environmental concerns, recreation and agriculture.

Other provisions that may not be covered by the areas of
responsibility shown above may be assigned by the Coordi-
nating Committee to the appropriate substantive commit-
tee.

Read.

Delegate Stagg moved the adoption of Rule No. 49.

Seconded by Delegate A. Landry.

Delegate Silverberg sent up a floor amendment which was
read as follows:



31



PAGE 3

4th Days Proceedings  January 16, 1973



FLOOR AMENDMENT

Amendment proposed by Delegate Silverberg to Committee
Resolution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1

On page 15, lines 15 and 16, delete the words "Board of
Regents for Higher Education,"

Delegate Silverberg moved the adoption of the amendment.

Seconded by Delegate Tobias.

And the amendment was adopted.

Delegate Dennery sent up floor amendments which were
read as follows:

FLOOR AMENDMENTS

Amendments proposed by Delegate Dennery to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 14, strike out lines 30 through 33 in (heir entirety
and insert in lieu thereof the following:

"2. Committee on Executive Department, which shall con-
sider the offices comprising the executive department re-
organization, state civil service, term of the Governor and
other elected officials of the executive department, and im-
peachment;"

AMENDMENT No. 2

On page 15, strike out lines 6 through 9 in their entirety
2nd insert in lieu thereof the following:

"5. Committee on Local and Parochial Government, which
shall consider local and parochial government, home rule,
special districts, consolidation of governments, intergovern-
mental cooperation and parochial and municipal civil service."

AMENDMENT No. 3

On page 15, line 16, strike out the words "civil service"

Delegate Dennery moved the adoption of the amendments.

Seconded by Delegate Roy.

And the amendments were rejected.

Delegate Guarisco sent up a floor amendment which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Guarisco to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 14, line 27, immediately following "powers," in-
sert the following:
"concept and principles of government,"

Delegate Guarisco moved the adoption of the amendment.

Seconded by Delegate Winchester.

And the amendments were rejected.

Delegate Dennery sent up a floor amendment which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Dennery to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Printed Rule as follows:

AMENDMENT No. 1

On page 15, delete lines 2 thru 5 and insert in lieu the
following:



"4. Committee on Judiciary, which shall consider the judi-
ciary, tenure, selection and removal of judges, the Depart-
ment of Justice, district attorneys, sheriffs, constables, clerks
of court, parish recorders, parish registrars and coronors;"

Delegate Dennery moved the adoption of the amendment.

Seconded by Delegate Colten.

And the amendment was rejected.

Delegate Leilhman sent up a floor amendment which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Leithman to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 15, strike out lines 14 through 17 in their entirety
and insert in lieu thereof the following:

"7. Committee on Education, which shall consider all facets
of education in the state; and

7 a. Committee on Welfare, which shall consider health and
welfare, consumer affairs, civil service, labor and industry;
and"

Delegate Leithman moved the adoption of the amendment.

Seconded by Delegate Silverberg.

And the amendment was rejected.

Delegate Tapper sent up floor amendments which were

read as follows:

FLOOR AMENDMENTS

Amendments proposed by Delegate Tapper to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 14, at the end of line 29, delete the semicolon ";"
and add the following:

", and any other subject deemed appropriate by said commit-
tee;"

AMENDMENT No. 2

On page 14, at the end of line 33, delete the semicolon ";"
and add the following:

", and any other subject deemed appropriate by said com-
mittee;"

AMENDMENT No. 3

On page 15, at the end of line 1, delete the semicolon ";"
and add the following:

", and any other subject deemed appropriate by said
committee;"

AMENDMENT No. 4

On page 15, at the end of line 5, delete the semicolon ";"
and add the following:

", and any other subject deemed appropriate by said com-
mittee;"

AMENDMENT No. 5

On page 15, at the end of line 9, delete the semicolon ";"
and add the following:

", and any other subject deemed appropriate by said com-
mittee;"

AMENDMENT No. 6

On page 15, at the end of line 13, delete the semicolon ";"
and add the following:

", and any other subject deemed appropriate by said com-
mittee;"

AMENDMENT No. 7

On page 15, at the end of line 17, delete the semicolon ";"
and add the following:
", and other subject deemed appropriate by said committee;"

AMENDMENT No. 8

On page 15, at the end of line 23, delete the period "." and
add the following:

", and any other subject deemed appropriate by said com-
mittee."



32



PAGE 4

4th Days Proceedings-



-January 16, 1973



Delegate Tapper moved the adoption of the amendments.

Seconded by Delegate Nunez.

And the amendments were rejected.

Delegate Schmitt sent up a floor amendment which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Schmitt to Committee
Resolution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1

On page 14, line 26, immediately after the word "consider"
and before the word "the" insert the following:
"all areas affecting the Bill of Rights and elections, and shall
consider, but is not limited to the following specific areas:"

Delegate Schmitt moved the adoption of the amendment.

Seconded by Delegate Jenkins.

And the amendment was rejected.

Delegate Kilbourne sent up a floor amendment which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Kilbourne to Committee
Resolution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1

On page 15, line 4, immediately after "cleiks of court"
insert the following:
", and justices of the peace"

Delegate Kilbourne moved the adoption of the amendment.

Seconded by Delegate Silverberg.

And the amendment was rejected.

Delegate Fayard sent up a floor amendment which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Fayard to Committee
Resolution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1

On page 15, line 15, immediately after the word "consider"
and before the word "education" delete the word "public"

Delegate Fayard moved the adoption of the amendment.

Seconded by Delegate DeBlieux.

And the amendment was rejected.

Delegate Lennox sent up floor amendments which were
read as follows:

FLOOR AMENDMENTS

Amendments proposed by Delegate Lennox to Committee
Resolution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1

On page 15, line 16, after the comma delete the word
"labor" and on Page 15, line 17, delete the words "and in-
dustry"

AMENDMENT No. 2

On Page 14, line 29, delete the semi-colon and add the
following ", labor and industry;"



Delegate Lennox moved the adoption of the amendments.

Seconded by Delegate Bollinger.

And the amendments were rejected.

Delegate Sutherland sent up a floor amendment which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Sutherland to Committee
Resolution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1

On page 15, between lines 20 and 21 insert the following
language:

"Notwithstanding the above, the committees may consider
any related matters without limitation."

Delegate Sutherland moved the adoption of the amend-
ment.

Seconded by Delegate Tapper.

And the amendment was rejected.

Delegate Nunez sent up a floor
read as follows:



amendment which was



FLOOR AMENDMENT

Amendment proposed by Delegate Nunez to Committee
Resolution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1

On page 15, line 22, immediately after the words "may be"
strike out the word "assigned" and insert in lieu thereof
"recommended for consideration"

Delegate Nunez moved the adoption of the amendment.

Seconded by Delegate Bel.

And the amendment was rejected.

Delegate Tapper sent up floor amendments which were
read as follows:

FLOOR AMENDMENTS

Amendments proposed by Delegate Tapper to Committee
Resolution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1

On page 14, at the end of line 29, delete the semicolon ";"
and add the following:

", and any other subject deemed appropriate by said com-
mittee under the title above."

AMENDMENT No. 2

On page 14, at the end of line 33, delete the semicolon "; '
and add the following:

", and any other subject deemed appropriate by said com-
mittee under the title above."

AMENDMENT No. 3

On page 15, at the end of line 1, delete the semicolon ";"
and add the following:

", and any other subject deemed appropriate by said com-
mittee under the title above."

AMENDMENT No. 4

On page 15, at the end of line 5, delete the semicolon ";"
and add the following:

", and any other subject deemed appropriate by said com-
mittee under the title above."

AMENDMENT No. 5

On page 15, at the end of line 9, delete the semicolon ";"
and add the following:

", and any other subject deemed appropriate by said com-
mittee under the title above."



33



PAGE 5

4th Days Proceedings  January 16, 1973



AMENDMENT No. 6

On page 15, at the end of line 13, delete the semicolon ";"
and add the following:

", and any other subject deemed appropriate by said com-
mittee under the title above."

AMENDMENT No. 7

On page 15, at the end of line 17, delete the semicolon ";"
and add the following:

"," and any other subject deemed appropriate by said com-
mittee under the title above."

AMENDMENT No. 8

On page 15, at the end of line 23, delete the period "." and
add the following:

", and any other subject deemed appropriate by said com-
mittee under the title above."

Delegate Tapper moved the adoption of the amendments

Seconded by Delegate De Blieux.

And the amendments were rejected.

Delegate Stagg sent up floor amendments which were

read as follows:

FLOOR AMENDMENTS

Amendments proposed by Delegate Stagg to Committee
Resolution No. 1 by Mr. Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1

On page 14, at the beginning of line 24, immediately before
'The" insert "A."

AMENDMENT No. 2

On page 15, at the beginning of line 21, immediately before
"Other" insert "B."

Delegate Stagg moved the adoption of the amendments.

Seconded by Delegate Tapper.

And the amendments were adopted.

Delegate Stagg then moved the adoption of Rule No. 49, as
amended.

Seconded by Delegate Kean.

And the Rule, as amended, was adopted.

Rule No. 50. Procedural Committees.

The following procedural committees are hereby created:

1 Committee on Rules, Credentials, Ethics and Schedules,
which shall consider rules, credentials of delegates, questions
of ethics, press and employees, schedules, calendar, agenda,
and shall consider all questions on any procedural disputes
referred to it by the Chairman or by the Convention;

2 Committee on Style and Drafting, which shall have
control over literary style, consistency, arrangement and
numbering. The committee shall have authority to rephrase
or to regroup proposed language, but shall have no authority
to change the sense or purpose of any proposal referred to

it; and

3. Committee on Legislative Liaison and Transitional
Measures, which shall maintain liaison with the legislative
branch and the Louisiana Law Institute and provide for co-
ordination of the transition of subject matter from the Con-
stitution to the appropriate statute law.

4. Committee on Public Information, which shall con-
sider and implement measures to inform the people on the
actions, procedures, recommendations and activities of the
Convention. It shall plan and implement the report to be
given to the voters of Louisiana on the result of the Con-
vention's work, and shall direct the effort to obtain approval
of the new Constitution and the form and manner of presen-
tation.



Delegate Kean moved the adoption of Rule No. 50.

Seconded by Delegate Newton.

Delegate Kean sent up floor amendments which were read
as follows:

FLOOR AMENDMENTS

Amendments proposed by Delegate Kean to Committee
Resolution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1
On page 16, line 1, delete the word "and"

AMENDMENT No. 2

On page 16, line 6, after the word "appropriate" delete
the remainder of the line and insert in lieu thereof the

following:
"law; and"

Delegate Kean moved the adoption of the amendments.

Seconded by Delegate Badeaux.

And the amendments were adopted.

Delegate Zervigon sent up a floor amendment which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Zervigon to Committee
Resolution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1

On page 16, line 1 after the word "it" delete the remainder
of the line and insert in lieu thereof the following:

"Where a proposal referred to it is inconsistent or in con-
flict with a proposal already acted on favorably by the
Convention the committee shall at the third reading (Rule
44Hi so notify the Convention of that inconsistency or con-
flict and wait upon its instructions."

Delegate Zervigon moved the adoption of the amendment.

Seconded by Delegate Casey.

And the amendment was adopted.

Delegate Flory sent up the floor amendments which were
real as follows:

FLOOR AMENDMENTS

Amendments proposed by Delegate Flory to Committee
Resolution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1

On page 15, line 26, following the word "Credentials" delete
the comma (,) and in lieu thereof substitute the word "and"

AMENDMENT No. 2
On page 15, line 26, delete the words "and Schedules"

AMENDMENT No. 3
On page 15, line 28, delete the words "schedules, calendar,"

AMENDMENT No. 4
On page 15, line 29, delete the word "agenda,"

Delegate Flory moved the adoption of the amendments.

Seconded by Delegate J. Jackson.

And the amendments were adopted.

Delegate Colten sent up a floor amendment which was read
as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Colton to Committee
Resolution No. 1 by Delegate Stagg.



Read.



Amend the original Resolution as follows:



34



PAGE 6

4th Days Proceedings  January 16, 1973

AMENDMENT No. 1

On page 15, line 28, immediately after the "ethics," and
before the word "and" delete the word "press" and insert in
lieu thereof the word "news media"

Delegate Colton moved the adoption of the amendment.

Seconded by Delegate Schmitt.

And the amendment was adopted.

Delegate Stagg then moved the adoption of Rule No. 50,
as amended.

Seconded by Delegate Newton.

And the Rule, as amended, was adopted.

Rule No. 51. Appointment of Committees.

The selection of delegates to serve on the substantive and
procedural committees shall be determined as follows:

Within twenty-four hours after the adoption of these
rules by the Convention, each delegate shall submit in writ-
ing to the Convention the committee or committees in order
of preference to which he or she desires to be appointed.

A Committee on Committees shall select from among said
delegates the delegates to serve on each committee after
giving due consideration to the preference of each dele-
gate and based on the qualifications, experience and residence
of each delegate so as to provide as nearly as possible a fair
and balanced representation on each committee of this Con-
vention.

Read.

Delegate Kean moved the adoption of Rule No. 51.

Seconded by Delegate Stagg.

Delegate Zervigon sent up a floor amendment which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Zervigon to Committee
Resolution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1

On page 16, beginning with line 23, delete the following
after the word "Committee"

"after giving due consideration to the preference of each
delegate and based on"
and insert in lieu thereof the following:

"based primarily on the preference of each delegate and giv-
ing due consideration to"

Delegate Zervigon moved the adoption of the admenment.

Seconded by Delegate Soniat.

And the amendment was adopted.

Delegate Kean then moved the adoption of Rule No. 51,
as amended.

Seconded by Delegate Stagg.

And the Rule, as amended, was adopted.

Rule No. 52. Committee on Committees.

The Committee on Committees shall be composed of the
Chairman of the Convention who shall be chairman of the
Committee on Committees and sixteen delegates, with two
delegates to be elected from each congressional district by
the delegates voting in the congressional district in which
they resided at the time of qualification or appointment.
Such voting shall be in separate caucases.

Read.

Delegate Kean moved the adoption of Rule No. 52.

Seconded by Delegate Lanier.



Delegate Conino sent up floor amendments which were
read as follows:

FLOOR AMENDMENTS

Amendments proposed by Delegate Conino to Committee
Resolution No. 1 by Delegate Stagg, et al.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 17, line 1 immediately after the word "separate"
strike out the word "caucases" and insert in lieu thereof the
word "caucuses"

AMENDMENT No. 2
On page 17, between lines 1 and 2 add the following:
"No member of the Committee on Committees shall be

elected a chairman or a vice-chairman of a substantive or

procedural committee."

Delegate Conino moved the adoption of the amendments.
Seconded by Delegate De Blieux.

ROLL CALL
Th roll was called with the following results:
YEAS



Delegates 






Abraham


Edwards


Rachal


Alexander


Fa yard


Robinson


Arnette


Flory


Riecke


Asseff


Fontenot


Schmitt


Avant


Gravel


Silverberg


Badeaux


Grier


Singletary


Bergeron


Guarisco


Soniat


Blair


Hardee


Stinson


Bollinger


Hayes


Stovall


Brien


Jackson, J.


Sutherland


Brown


Kean


Tapper


Burns


Kilpa trick


Taylor


Burson


Lambert


Thistlethwaite


Champagne


Landrum


Toca


Chehardy


Landry, A.


Ullo


Conino


Landry, E. J.


Velazquez


Conroy


LeBIeu


Vesich


D'Gerolamo


Leithman


Vick


De Blieux


Miller


Warren


Derbes


Newton


Weiss


Deshotels


O'Neill




Dunlap


Perkins




Total 64.


NAYS




Delegates 






Anzalone


Jackson, A.


Rayburn


Bel


Jenkins


Reeves


Cannon


Juneau


Roemer


Carmouche


Kelly


Segura


Casey


Kilbourne


Shannon


Chatelain


Lanier


Slay


Corne


LeBreton


Smith


Cowen


Leigh


Stagg


Dennery


Lennox


Stephenson


Dennis


Lowe


Tate


Drew


McDaniel


Thompson


Duval


Mauberret


Tobias


Elkins


Mire


Toomy


Fowler


Munson


Triche


Fulco


Nunez


Willis


Gauthier


Ourso


Winchester


Giarrusso


Perez


Wisham


Girm


Planchard


Womack


Hernandez


Roy


Zervigon


Total 57.


ABSENT




Delegates 






Mr. Chairman


Colten


Martin


Aertker


Guidry


Sandoz


Alario


Haynes


Wall


Armentor


Jack




Total 11.







And the amendments were adopted.



35



PAGE 7

4th Days Proceedings  January 16, 1973



Delegate Kean moved the adoption of Rule No. 52, as
amended.

Seconded by Delegate Stagg.

And the Rule, as amended, was adopted.

Rule No. 53. Service on Committees.

Each substantive and procedural committee shall be com-
posed of at least ten delegates and no more than twenty.
Each delegate except the Convention Chairman shall serve
on at least one and only one substantive committee. Each
committee shall elect a chairman, vice-chairman, and such
other officers as the committee deems necessary.

The Chairman of the Convention shall be ex officio a mem-
ber of all substantive committees, but shall have no vote
and shall not be counted for the purpose of obtaining a
quorum.

Read.

Delegate Kean moved the adoption of Rule No. 53.

Seconded by Delegate Duval.

Delegate Brown sent up floor amendments which were read
as follows:

FLOOR AMENDMENTS

Amendments proposed by Delegate Brown to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 17, line 4, immediately after the words "not more
than" strike out the word "twenty" and insert in lieu thereof
"thirty"

AMENDMENT No. 2

On page 17, line 4, immediately before the word "Each"
insert the following:

"The Committee on Committees shall determine the size of
each substantive and procedural committee within such limi-
tations."

AMENDMENT No. 3

On pag 17, line 6, immediately after the word "committee."
and before the word "Each" insert the following:

"No delegate shall serve on more than two committees of
any nature excluding the Committee on Committees and the
Executive Committee."

Delegate Brown moved the adoption of the amendments.

Seconded by Delegate Slay.

On motion of Delegate Perez the question was divided and
the vote recurred on Amendment No. 1.

And Amendment No. 1 was adopted.

The vote recurred on Amendment No. 2.

And Amendment No. 2 was adopted.

On motion of Delegate Brown Amendment No. 3 was with-
drawn.



Delegate Thompson sent up floor amendments which were
read as follows:

FLOOR AMENDMENTS

Amendments proposed by Delegate Thompson to Com-
mittee Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 17, line 6 after the words "least one" delete the
words "and only one".

AMENDMENT No. 2

On page 17, line 8 after "necessary." add the following:
"Not less than two delegates from each congressional dis-
trict shall be appointed to each substantive committee."

On motion of Delegate Thompson, the amendments were
withdrawn.

Delegate Thompson sent up floor amendments which were
read as follows:

FLOOR AMENDMENTS

Amendments proposed by Delegate Thompson to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 17, line 6 after the words "least one" delete the
words "and only one".

AMENDMENT No. 2
On page 17. line 8 after "necessary." add the following:
"Not less than two delegates from each congressional dis-
trict may be appointed to each substantive committee."

On motion of Delegate Thompson the amendments were
withdrawn.

Delegate Stinson moved to reconsider the vote by which
Amendment No. 1 proposed by Delegate Brown and adopted
by the Convention on January 16, 1973, was adopted, which
motion was seconded by Delegate Stagg.

And the Convention refused to reconsider the vote by
which Amendment No. 1 by Delegate Brown was adopted
by the Convention.

Adjournment

Delegate Stovall moved that the Convention do now ad-
journ until Wednesday, January 17, 1973, at 9:30 o'clock a.m.

Seconded by Delegate Leithman.

And the motion was adopted.

And Chairman Henry declared the Convention adjourned
until Wednesday, January 17, 1973 at 9:30 o'clock, a.m.

Prepared in accordance with the tran-
script and records of the Convention.

MOISE W. DENNERY
Secretary

DAVID R. POYNTER
Chief Clerk



36



OFFICIAL JOURNAL

OF THE

CONSTITUTIONAL CONVENTION
OF 1973

OF THE

STATE OF LOUISIANA



FIFTH DAY'S PROCEEDINGS



of the Constitutional Convention of 1973

held in accordance with Act 2 of the 1972

Regular Session of the Legislature

Wednesday, January 17, 1973, Baton Rouge, La.

The Convention was called to order at 1:30 o'clock p.m.,
by Hon. E. L. Henry, Chairman of the Convention.





ROLL CALL




The roll being


called, the following delegates answe


their names:


PRESENT




Delegates 






Mr. Chairman


Fowler


Planchard


Abraham


Fulco


Rachal


Aertker


Gauthier


Rayburn


Alario


Giarrusso


Reeves


Alexander


Ginn


Riecke


Anzalone


Gravel


Robinson


Arnette


Grier


Roemer


Assert


Guarisco


Schmitt


Avant


Hardee


Segura


Badeaux


Hayes


Shannon


Bel


Haynes


Silverberg


Bergeron


Jack


Singletary


Blair


Jackson, A.


Slay


Bollinger


Jackson, J.


Smith


Brien


Jenkins


Soniat


Brown


Juneau


Stagg


Burns


Kean


Stephenson


Burson


Kelly


Stinson


Cannon


Kilbourne


Stovall


Carmouche


Kilpa trick


Sutherland


Casey


Lambent


Tapper


Champagne


Landrum


Tate


Chatelain


Landry, A.


Taylor


Chehardy


Landry, E. J.


Thistlethwaite


Colten


Lanier


Thompson


Conino


LeBleu


Tobias


Conroy


LeBreton


Toca


Corne


Leigh


Toomy


Cowen


Leithman


Triche


D'Gerolamo


Lennox


Ullo


De Blieux


Lowe


Velazquez


Dennery


McDaniel


Vesich


Dennis


Martin


Vick


Derbes


Mauberret


Wall


Deshotels


Miller


Warren


Drew


Mire


Weiss


Dunlap


Munson


Willis


Duval


Newton


Winchester


Edwards


Nunez


Wisham


Elkins


O'Neill


Womack


Fayard


Ourso


Zervigon


Flory


Perez




Fontenot


Perkins




Total 127.


ABSENT




Delegates 






Anmentor


Hernandez


Sandoz


Guidry


Roy




Total 5.







The Chairman announced that there were 127 members
present and a quorum.



Prayer

Prayer was offered by Delegate Bums.

Pledge of Allegiance

Delegate Alario led the Convention in reciting the Pledge
of Allegiance to the Flag of the United States of America.

Reading of the Journal

On motion of Delegate Abraham, the reading of the
Journal was dispensed with.

Oath of Office

The following oath of office was administered to Dele-
gate Wellborn Jack by the Hon. David R. Poynter, Clerk of
the House of Representatives and Chief Clerk of the Con-
vention:

* * *

"I, (Wellborn Jack) do solemnly swear that I will support
the Constitution and laws of the United States and the
Constitution and laws of this State; and I will faithfully
and impartially discharge and perform all the duties incum-
bent upon me as a delegate to the Constitutional Conven-
tion, according to the best of my ability and understanding.
So help me God."

And the Chair declared that the Convention had under
consideration at the time of adjournment Rule No. 53 of
Committee Resolution No. 1, by Delegate Stagg on behalf
of the Temporary Committee on Rules.

Rule No. 53. Service on Committees.

Each substantive and procedural committee shall be com-
posed of at least ten delegates and no more than twenty.
Each delegate except the Convention Chairman shall serve
on at least one and only one substantive committee. Each
committee shall elect a chairman, vice-chairman, and such
other officers as the committee deems necessary.

The Chairman of the Convention shall be ex officio a mem-
ber of all substantive committees, but shall have no vote and
shall not be counted for the purpose of obtaining a quorum.

Read.

Delegate Kean moved the adoption of Rule No. 53.

Seconded by Delegate Bollinger.

Delegate Avant sent up floor amendments which were
read as follows:

FLOOR AMENDMENTS

Amendments proposed by Delegate Avant to Committee
Resolution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1

On page 17, line 6. delete the words "only one" and in lieu
thereof substitute "not more than two"

AMENDMENT No. 2

On page 17, line 6, delete the word "committee" and in
lieu thereof substitute the word "committees"

Delegate Avant moved the adoption of the amendments.

Seconded by Delegate Leigh.

And the amendment was rejected.

Delegate De Blieux sent up floor amendments which were
read as follows:

FLOOR AMENDMENTS

Amendments proposed by Delegate De Blieux to Committee
Resolution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1

On page 17, line 11, after the word "vote" and before the
word "and" insert the word "therein"

AMENDMENT No. 2

On page 17, line 12, after the word "quorum" and before
the period ".", insert the word "thereof"



37



PAGE 2

5th Days Proceedings  January 17, 1973



Delegate De Blieux moved the adoption of the amendments.

Seconded by Delegate Stagg.

And the amendments were adopted.

Delegate Roemer sent up a floor amendment which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Roemer to Committee
Resolution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1

On page 17, line 6, delete the period "." and insert in lieu
thereof the following:
"and may serve on no more than one procedural committee."

Delegate Roemer moved the adoption of the amendment.

Seconded by Delegate Silverberg.

And the amendment was adopted.

Delegate Burson sent up a floor amendment which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Burson to Committee
Resolution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1
On page 17, between lines 8 and 9 insert the following:
"The Chairman of the Convention shall designate the date
and place of the original meeting of each committee at which
committee meeting officers are to be elected and each com-
mittee member is to be notified in person or by certified mail
of such designation."

Delegate Burson moved the adoption of the amendment.

Seconded by Delegate Stagg.

And the amendment was adopted.

Delegate Conroy sent up a floor amendment, which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Conroy to Committee
Resolution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1

Rule 53 On page 17, line 8, after the word "necessary.",
add the following:

"No delegate serving on the Executive Committee shall
serve as Chairman or Vice Chairman of any substantive
committee."

Delegate Conroy moved the adoption of the amendment.

Seconded by Delegate Gauthier.

A record vote was asked for and ordered by the Conven-
tion.

ROLL CALL

The roll was called with the following result:
YEAS



Delegates
Aertker
Alexander
Badeaux
Bel
Bergeron



Bollinger

Brien

Brown

Burns

Champagne



C ha tela in
Colten
Conino
Conroy
De Blieux



Dennis


Kilbourne


Shannon


Derbes


Lambert


Silverberg


Deshotels


Landrurn


Singletary


Drew


Landry, A.


Smith


Dunlap


Landry, E. J.


Soniat


Duval


Lanier


Stinson


Elkins


LeBleu


Stovall


Fayard


Leithman


Sutherland


Fontenot


Lennox


Tapper


Gauthier


Lowe


Taylor


Grier


McDaniel


Thompson


GuarLsco


Nunez


Tobias


Guidry


O'Neill


Toomy


Hayes


Perez


Ullo


Hernandez


Perkins


Velazquez


Jackson, J.


Rachal


Vesich


Jenkins


Reeves


Warren


Juneau


Riecke


Weiss


Kean


Roemer


Wisham


Kelly


Schmitt


Zervigon


Total 75.


NAYS




Delegates 






Abraham


Flory


Newton


Alario


Fulco


Ourso


Anzalone


Giarrusso


Planchard


Arnette


Ginn


Rayburn


Asseff


Gravel


Robinson


Avant


Hardee


Segura


Blair


Haynes


Slay


Burson


Jack


Stagg


Cannon


Jackson, A.


Stephenson


Carmouche


Kilpatrick


Thistlethwaite


Casey


LeBreton


Toca


Chehardy


Leigh


Triche


Corne


Martin


Vick


Cowen


Mauiberret


Winchester


D'Gerolamo


Miller


Womack


Dennery


Mire




Edwards


Munson




Total 49.


ABSENT




Delegates 






Mr. Chairman


Roy


Wall


Armentor


Sandoz


Willis


Fowler


Tate




Total 8.







And the amendment was adopted.

Delegate De Blieux sent up a floor amendment which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate De Blieux to Com-
mittee Resolution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1

On page 17, line 6, after the words "least one" strike out
the words "and only one substantive committee." and sub-
stitute the following:

"substantive committee but not more than two committees
of any kind."

Delegate De Blieux moved the adoption of the amendment.

Seconded from the floor.

And the amendment was rejected.

Delegate Leithman in the Chair

Delegate Kean then moved the adoption of Rule No. 53,
as amended.

Seconded by Delegate Stagg.

And the Rule, as amended, was adopted.

Chairman Henry in the Chair

Rule No. 54. Coordinating Committee. The Coordinating
Committee shall be composed of the Chairman and First



38



PAGE 3

5th Days Proceedings  January 17, 1973

Vice-Chairman of the Convention, and the chairmen of the
respective substantive committees. The Coordinating Com-
mittee shall consider any issues regarding omissions, over-
lap and/or conflict which might arise concerning the juris-
diction of any substantive committee or any subject matter;
call joint meetings of any substantive committees for the
purpose of discussing any omissions, overlap and/or con-
flict which might arise and make recommendations to the
respective substantive committees as to possible resolution
thereof.

Read.

Delegate Kean moved the adoption of Rule No. 54.

Seconded by Delegate Singletary.

Delegate Juneau sent up floor amendments, which were
read as follows:

FLOOR AMENDMENTS

Amendments proposed by Delegate Juneau to Committee
Resolution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1

On page 17, line 17 after the word •'regarding" and before
the word "overlap" delete the word and punctuation "omis-
sions,"

AMENDMENT No. 2

On page 17, line 21 before the word "overlap" and after
the word "any" delete the word and punctuation "omissions,"

Delegate Juneau moved the adoption of the amendments.

Seconded by Delegate A. Landry.

And the amendments were adopted.

Delegate Zervigon sent up a floor amendment which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Zervigon to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 17, beginning with line 13 and ending with line
16, delete the first sentence and substitute the following:

"The Coordinating Committee shall be composed of the
Chairman of the Convention, or in his absence a vice-chair-
man designated by him and the Chairmen and Vice-Chair-
men of all substantive committees."

Delegate Zervigon moved the adoption of the amendment.

Seconded by Delegate Shannon.

And the amendment was rejected.

Delegate Shannon sent up a floor amendment which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Shannon to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 17, line 15 immediately after the word "chairmen"
and before the words "of the" insert the words "and vice-
chairmen"

Delegate Shannon moved the adoption of the amendment.

Seconded by Delegate Alexander.

And the amendment was rejected.



Delegate Conroy sent up a floor amendment which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Conroy to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 17, at the end of line 23, delete the period "." and
insert the following:

"and shall assure that each provision of the Constitution of
1921. as amended, shall have been considered by at least one
substantive committee."

Delegate Conroy moved the adoption of the amendment.

Seconded by Delegate D'Gerolamo.

And the amendment was adopted.

Delegate Bergeron sent up a floor amendment which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Bergeron to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 17, line 19, immediately after the word "matter"
and before the word "call", insert the following:
"pertaining to the substantive committees"

Delegate Bergeron moved the adoption of the amendment.

Seconded by Delegate Schmitt.

And the amendment was adopted.

Delegate Kean then moved the adoption of Rule No. 54,

as adopted.

Seconded by Delegate Stagg.

And the Rule, as amended, was adopted.

Rule No. 55. Other Committees. The Convention shall have
authority to create other committees, including special ad-
visory committees, as it deems necessary, and all substantive
committees may create such sub-committees as each deems
necessary, provided that all such sub-committees shall be
created only by a majority vote of the creating body.

Read.

Delegate Kean moved the adoption of Rule No. 55.

Seconded by Delegate Newton.

Delegate Dennery sent up floor amendments which were
read as follows:

FLOOR AMENDMENTS

Amendments proposed by Delegate Dennery to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1
On page 17, line 26, delete the part word "sub-"

AMENDMENT No. 2
On page 17, line 27, delete the part word "stantive"

Delegate Dennery moved the adoption of the amendments.

Seconded by Delegate Tobias.

On motion of Delegate Dennery the amendments were
withdrawn.

Delegate Jackson sent up a floor amendment which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate J. Jackson to Committee
Resolution No. 1 by Delegate Stagg.



39



PAGE 4

5th Days Proceedings  January 17, 1973



Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 17, line 24 after the words "The Convention" and
before the word "shall" insert the following:
", by a majority vote of the delegates present and voting,"

Delegate Jackson moved the adoption of the amendment.

Seconded by Delegate Gravel.

And the amendment was adopted.

Delegates Flory and Avant sent up a floor amendment
which was read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegates Flory and Avant to
Committee Resolution No. 1 by Delegate Slagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 17, line 27, immediately after the portion of the
word "substantive" and before the word "committees" in-
sert the words:
"and procedural"

Delegate Flory moved the adoption of the amendment.

Seconded by Delegate Silverberg.

And the amendment was adopted.

Delegate Kean then moved the adoption of Rule No. 55, as
amended.

Seconded by Delegate Leithman.

And the Rule, as amended, was adopted.

Rule No. 56. Proposals. The various articles of the proposed
draft of a Constitution shall be prepared under the direction
and supervision of the respective substantive committees.
The research staff shall be assigned to the respective com-
mittees by the Chairman of the Convention after consulta-
tion with the chairman of the committee to which the staff
will be assigned.

Read.

Delegate Kean moved the adoption of Rule No. 56.

Seconded by Delegate Newton.

And the Rule was adopted.

Rule No. 57. Quorum and Rules of 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 commit-
tees as far as may be applicable, and, if applicable, may not
be suspended.

Read.

Delegate Stagg moved the adoption of Rule No. 57.

Seconded by Delegate Singletary.

Delegate Stagg sent up a floor amendment which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Kean to Committee
Resolution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1

On page 18, line 2, immediately after "Committee" and
before the word "Hearings" insert the words "Meetings and"



Delegate Stagg moved the adoption of the amendment.

Seconded by Delegate Kean.

And the amendment was adopted.

Delegate Stagg sent up a floor amendment which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Stagg to Committee
Resolution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1
On page 18, line 10, after the period, add the following:
Any committee may adopt its own rules of procedure. No
committee rule shall conflict with the rules of the Conven-
tion, except that any committee may establish a different
rule with respect to limits on debate.

Delegate Stagg moved the adoption of the amendment.

Seconded by Delegate Perkins.

And the amendment was adopted.

Delegate Flory sent up floor amendments which were
read as follows:

FLOOR AMENDMENTS

Amendments proposed by Delegate Flory to Committee
Resolution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1

On page 18, line 4, insert a period "." after the word
"quorum" and strike out the remainder of the line.

AMENDMENT No. 2
On page 18, strike out lines 5 and 6 in their entirety.

AMENDMENT No. 3

On page 18, line 17, strike out the words "the question has
been raised before the Committee."

Delegate Flory moved the adoption of the amendments.

Seconded by Delegate Avant.

And the amendments were adopted.

Delegate Stagg then moved the adoption of Rule No. 57,
as amended.

Seconded by Delegate Kean.

And the Rule, as amended, was adopted.

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 Con-
vention delegates present and voting. All committee hear-
ings 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 meetings
shall be recorded. All committees shall, and are hereby au-
thorized 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-committees may take testimony
under oath or affirmation, and the chairman of any commit-
tee or sub-committee is authorized to administer the oath.

Read.

Delegate Stagg moved the adoption of Rule No. 58.

Seconded by Delegate Weiss.

Delegate Stagg sent up a floor amendment which was read
as follows:



40



PAGE 5

5th Days Proceedings  January 17, 1973



FLOOR AMENDMENT

Amendment proposed by Delegate Stagg to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1
On page 18, line 26, after "C." insert "Testimony."

Delegate Stagg moved the adoption of the amendment.

Seconded by Delegate Rayburn.

And the amendment was adopted.

Delegate Kean sent up a floor amendment which was read
as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Kean to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 18, line 15, delete the word "hearing" and insert
the words "meetings and hearings."

Delegate Kean moved the adoption of the amendment.

Seconded by Delegate Velazquez.

And the amendment was adopted.

Delegate Zervigon sent up a floor amendment which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Zervigon to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 18, after line 28 and before line 29, add the fol-
lowing:

"D. Any person not a delegate appearing before a com-
mittee or sub-committee shall identify himself by name and
address and shall state whether or r.ot he is representing
any other person or interest."

Delegate Zervigon moved the adoption of the amendment.

Seconded by Delegate Hernandez.

And the amendment was adopted.

Delegate Champagne sent up floor amendments which were
lead as follows:

FLOOR AMENDMENTS

Amendments proposed by Delegate Champagne to Com-
mittee Resolution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1

On page 18, line 18, immediately after the period "." and
before the word "All" insert the following:

"It shall be the responsibility of these committees to trans-
late to the English language all expressions of fact made
other than in the English language at no additional cost to
the Convention.

AMENDMENT No. 2

On page 18, line 22. at the end of the line add the following:
"This shall not be interpreted as to prevent a Delegate
from meeting with his district at no additional cost to the
Convention for the expressed purpose of getting and express-
ing views or opinions of any portion of the Constitution."

Delegate Champagne moved the adoption of the amend-
ment.



Seconded by Delegate Anzalone.

And the amendments were rejected.

Delegate Schmitt sent up a floor amendment which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Schmitt to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 18, line 16 delete the words "may be recorded ver-
batim" and insert in lieu thereof the following:

"shall keep a sound recording and may keep a verbatim
written record"

Delegate Schmitt moved the adoption of the amendment.

Seconded by Delegate Bergeron.

And the amendment was rejected.

Delegate Arnette sent up a floor amendment which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Arnette to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. I

On page 18, line 17, after the word "heard." and before the
word "minutes" insert the following:

"Any one wishing to be heard in a language other than the
English language shall supply his own interpterter."

Delegate Arnette moved the adoption of the amendment.

Seconded by Delegate Weiss.

And the amendment was rejected.

Delegate Roy sent up a floor amendment which was read
as fellows:

FLOOR AMENDMENT

Amendment proposed by Delegate Roy to Committee Res-
olution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 18. line 17, immediately after the word "heard."
and before the word "Minutes" insert the following:

"Provided, however, that any delegate shall have the right
to have his views recorded."

Delegate Roy moved the adoption of the amendment.

Seconded by Delegate Badeaux.

And the amendment was rejected.

Delegate Stagg then moved the adoption of Rule No. 58, as
amended.

Seconded by Delegate Kean.

And the Rule, as amended, was adopted.

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
shall have the right to call a meeting of the committee and
set its agenda and place of meeting under the appropriate
notice requirements. Each proposal referred to a committee
must appear on the committee's agenda at least once.

Read.



Delegate Stagg moved the adoption of Rule No. 59.



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PAGE 6

5th Days Proceedings  January 17, 1973



Seconded by Delegate Winchester.

Delegate Avant sent up a floor amendment which was read
as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Avant to Committee
Resolution No. 1 by Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1

On page 18, line 31, following the word "agenda" delete the
period "." and insert the following:
", subject to the approval of a majority of the committee."

Delegate Avant moved the adoption of the amendment.

Seconded by Delegate Greer.

And the amendment was adopted upon a division of the
Convention by a vote of 64 yeas and 44 nays.

Delegate Stagg then moved the adoption of Rule No. 59,
as amended.

Seconded by Delegate Winchester.

And the Rule, as amended, was adopted.

Rule No. 60. Reports. All proposals submitted to a sub-
stantive 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.

Read.

Delegate Stagg moved the adoption of Rule No. 60.

Seconded by Delegate E. J. Landry.

Delegate Flory sent up the following amendments which
were read as follows:

FLOOR AMENDMENTS

Amendment proposed by Delegate Flory to Committee
Resolution No. 1 By Delegate Stagg.

Amend the original Resolution as follows:

AMENDMENT No. 1

On page 19, line 6, after the word "substantive' , add the
words "or procedural"

AMENDMENT No. 2
On page 19, between lines 10 and 11. add the following:
"No resolution, petition, memorial or proposal shall be
reported by a committee unless a public hearing on the
measure first has been held by the committee. No committee
shall report a measure to the Convention pursuant to a pro-
cedure, referred to as a "round robin." "

Delegate Flory moved the adoption of the amendments.

Seconded by Delegate Kean.

And the amendments were adopted.

Delegate Stagg then moved the adoption of Rule No. 60,
as amended.

Seconded by Delegate E. J. Landry.

And the Rule, as amended, was adopted.

Rule No. 61. Form of Reports. The chairman of a sub-
stantive committee shall write after each proposal or reso-
lution only the words "reported favorably," "reported un-
favorably," "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 committees.

Read.

Delegate Stagg moved the adoption of Rule No. 61.

Seconded by Delegate Kean.

And the Rule was adopted.

Rule No. 62. Notice of Committee Meetings. A. No commit-
tee 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 shall
notify the Secretary of the Convention of the time, date,
and place of the committee meeting. Within twenty-four
hours thereafter the Secretary shall mail notices of such
meeting to all members of the committee, all persons who
have filed written requests for notice with the Secretary,
and to all members of the Convention who have introduced
proposals on the subject matter to be considered. The com-
mittee hearing shall not be scheduled less than four days
from the date of notice to the Secretary. This rule shall apply
only when the convention is not in session.

B. Committee and sub-committee meetings while the
Convention is in session may be called by the chairman or
by a majority of the Convention members upon twenty-four
hour notice given by announcement from the floor of the
Convention and by posting the notice thereof on a designated
bulletin board in the vicinity of the floor of the Convention
at least twenty-four hours before such meeting.

Read.

' Delegate Stagg moved the adoption of Rule No. 62.

Seconded by Delegate Conino.

Delegate Stagg sent up floor amendments, which were
read as follows:

FLOOR AMENDMENTS

Amendments proposed by Delegate Stagg to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 20, line 4, immediately after the word "meet-
ings" and before the word "while" insert the word "called"

AMENDMENT No. 2

On page 20, line 6, immediately after the words "of the"
and before the word "members" strike out the words "Con-
vention" and insert in lieu thereof "committee"

Delegate moved the adoption of the amendments.

Seconded by Delegate Chatelain.

And the amendments were adopted.



Delegate Stagg
read as follows:



sent up floor amendments, which were



FLOOR AMENDMENTS

Amendments proposed by Delegate Stagg to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 19, line 28, immediately after the word "or" and
before the words "the members" insert the words "one of

AMENDMENT No. 2

On page 19, line 28, immediately after the word "meeting"
and before the word "shall" insert the following:

"under the authority of Rule 59"



42



PAGE 7

5th Days Proceedings  January 17, 1973



Delegate Stagg moved the adoption of the amendments.

Seconded by Delegate Carmouche.

And the amendments were adopted.

Delegate De Blieux sent up a floor amendment, which
was read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate De Blieux to Commit-
tee Resolution No. 1 by Delegate Stagg.

Amend the Oiiginal Resolution as follows:

AMENDMENT No. 1

On page 19, line 33 after the comma "," following the
word "Secretary" and before the word "and" add the
following:

"the news media of the area where the committee meet-
ing is being held,"

Delegate De Blieux moved the adoption of the amendment.

Seconded by Delegate Stagg.

And the amendment was rejected.

Delegate Zervigon sent up floor amendments, which were
read as follows:

FLOOR AMENDMENTS

Amendments proposed by Delegate Zervigon to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 19, line 29 after the word "date," and before
the word "and" insert the word "place"

AMENDMENT No. 2

On page 19, line 30, before the words "of the committee
meetings." delete the word "place" and insert in lieu thereof
the word "agenda"

Delegate Zervigon moved the adoption of the amendments.

Seconded by Delegate Silverberg.

And the amendments were adopted.

Delegate Zervigon sent up a floor amendment, which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Zervigon to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 20, line 1, after the words "four days" delete
the remainder of the line and insert in lieu thereof ", not
counting Saturdays, Sundays and holidays, after the mailing
of the notices by the Secretary."

Delegate Zervigon moved the adoption of the amendment.

Seconded by Delegate Lowe.

And the amendment was rejected.

Delegate Zervigon sent up a floor amendment, which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Zervigon to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 20, delete lines 2 through 10 in their entirety
and insert in lieu thereof the following:

"When the Convention is in session there shall be in ad-
dition to the above notice, further notice given by announce-
ment of date, time, place and agenda of the committee
meeting from the floor of the Convention and by posting of
same on a designated bulletin board in the vicinity of the
Convention floor. A committee may call an emergency meet-



ing obtaining consent of the Convention by a majority vote
of those present and by giving forty-eight hours notice as
described above."

Delegate Zervigon moved the adoption of the amendment.

Seconded by Delegate De Blieux.

And the amendment was rejected.

Delegate De Blieux sent up a floor amendment, which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate De Blieux to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 20, line 8, after the word "thereof add the
following:

"together with an agenda of the matters to be heard,"

Delegate De Blieux moved the adoption of the amendment.

Seconded by Delegate Schmitt.

And the amendment was rejected.

Delegate Stagg then moved the adoption of Rule No. 62,
as amended.

Seconded by Delegate Conino.

And the Rule, as amended, was adopted.

Rule No. 63. Sub-committees. A committee, by the affir-
mative vote of the majority of its members, may provide for
the appointment by the committee chairman of sub-commit-
tee composed of members of the committee. Reports of sub-
committees shall be considered by the entire committee be-
fore any committee recommends any action thereon by the
Convention. All rules applicable to committees shall be ap-
plicable to sub-committees.

Read.

Delegate Stagg moved the adoption of Rule No. 63.

Seconded by Delegate Badeaux.

And the Rule was adopted.

Rule No. 64. Records. All written records and reports of
committees of the Convention shall be subject to provisions
of the Public Records Act.

Read.

Delegate Stagg moved the adoption of Rule No. 64.

Seconded by Delegate Reeves.

And the Rule was adopted.

Rule No. 65. Procedure. The Convention by a majority
vote of the delegates present and voting may resolve itself
into a Committee of the Whole for a specified time and pur-
pose. The motion of the Committee of the Whole shall
specify the maximum time during which the Committee shall
sit.

A. The chairman shall designate a delegate to serve as
chairman of the Committee of the Whole. The rules of pro-
cedure of the Convention shall apply insofar as applicable,
except that delegates may speak more than once unless the
chairman imposes limits on debate, actions will be governed
by a majority of those present and voting, matters cannot
be referred to other committees, no question may be laid on
the table, the previous question cannot be ordered, and mo-
tions to adjourn will not be entertained.

B. Proposals in the Committee of the Whole shall be read
through, debated and acted upon by sections. All amend-
ments shall be in writing and reported to the Convention
by the chairman.

C. A motion that the Committee of he Whole rise shall
always be in order unless a delegate is speaking or a vote is
being taken. The motion is not debatable and shall be decid-
ed by a majority vote of those present and voting.

Read.

Delegate Stagg moved the adoption of Rule No. 65.

Seconded by Delegate Slay.

And the Rule was adopted.



43



PAGE 8

5th Days Proceedings  January 17, 1973



Rule No. 66. Order. The daily bisiness of the Convention
shall proceed as follows:

Morning Hour

1. Roll call.

2. Prayer.

3. Reading and adoption of Journal.

4. Petitions, Memorials, and Communications.

5. Introduction of resolutions.

6. Report of Committees.

7. Proposals on Introduction and First Reading.

8. Resolutions on Second Reading and Referral.

9. Proposals on Second Reading and Referral.

10. Reports of Committees Lying Over.

11. Reconsideration

Regular Order of the Day

12. Unfinished Business.

13. Special Order.

14. Resolutions on Third Reading and Final Passage.

15. Proposals on Third Reading and Final Passage.

16. Proposals on calendar for approval of final styling.

Read.

Delegate Stagg moved the adoption of Rule 66.

Seconded by Delegate Duval.

Delegate Toca sent up a floor amendment, which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Toca to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1
On page 21, between lines 18 and 19 insert the following:
"2A. Pledge of Allegiance"

Delegate Toca moved the adoption of the amendment.

Seconded by Delegate Stagg.

And the amendment was adopted.

Delegate Stagg moved the adoption of Rule No. 66, as
amended.

Seconded by Delegate Duval.

And the Rule, as amended, was adopted.

Rule No 67. Change in Daily Order. The order of daily
business set forth in the above rule shall be adhered to
unless the consent of the Convention shall be otherwise
given by majority vote of the delegates present.

Read.

Delegate Stagg moved the adoption of Rule No. 67.

Seconded by Delegate Lanier.

And the Rule was adopted.

Rule No. 68. Time of Committee Referral. Where appro-
priate, all petitions and memorials shall be referred to the
proper committees by the chairman as soon as read, where
reference may be necessary or is requested by a delegate.

Read.

Delegate Stagg moved the adoption of Rule No. 68.

Seconded by Delegate Wisham.

And the Rule was adopted.

Rule No. 69. Privileged Motions. When a question is under
debate, no motion shall be received except:

1. To fix the time to which to adjourn.

2. To adjourn.



3. To take a recess.

4. To call for the Orders of the Day.

5. To lay on the table.

6. For a Call of the Convention.

7. To limit debate.

8. To move •the previous question on the entire subject
matter.

9. To move the previous question.

10. To postpone to a day certain.

11. To commit, refer, or recommit.

12. To amend.

13. To postpone indefinitely.

The motions listed in this rule shall take precedence in the
order which they stand arranged. All of them shall be decid-
ed by the affirmative vote of a majority of those present and
voting, except that a motion for the previous question and
the previous question on the entire subject matter shall
require a vote of two-thirds of the delegates present and
voting, and a motion to postpone indefinitely requires the
affirmative vote of a majority of all delegates to the Con-
vention. When a recess is taken while a question is pending,
consideration of such question shall be resumed when the
Convention reassembles, unless it determines otherwise. No
motion to postpone to a day certain, or to commit, having
been decided by the Convention, shall again be in order on
the same day or at the same stage of the question. Whenever
a proposal is being considered and a motion is then made,
either to postpone indefinitely or to commit, any pending
amendments to the proposal shall first be in order before
any vote is taken on any such motion.

Read.

Delegate Stagg moved the adoption of Rule 69.

Seconded by Delegate Chehardy.

Delegates Rayburn and Ginn sent up floor amendments
which were read as follows:

FLOOR AMENDMENTS

Amendments proposed by Delegates Rayburn and Ginn to
Committee Resolution No. 1 by Delegate Stagg et al.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 22, line 26 after the word "voting," and before
the words "a motion" strike out the words "except that"

AMENDMENT No. 2

On page 22, line 28 after the words "vote of" strike out
the words "two-thirds" and insert in lieu thereof the words
"a majority"

Delegate Rayburn moved the adoption of the amendments.

Seconded by Delegate Ginn.

And the amendments were adopted.

Leave of Absence

O'Neill % day.
Roy 1 day.
Armentor  1 day.
Sandoz  1 day.

Adjournment

Delegate Burns moved that the Convention do now adjourn
until Thursday, January 18, 1973 at 10:00 o'clock A.M.

Seconded by Delegate Stagg.
Which motion was agreed to.

And Chairman Henry declared the Convention adjourned
to Thursday, January 18, 1973 at 10:00 A.M.

Prepared in accordance with the trans-
script and records of the Convention.

MOISE W. DENNERY
Secretary

DAVID R. POYNTER
Cheif Clerk



44



OFFICIAL JOURNAL

OF THE



CONSTITUTIONAL CONVENTION
OF 1973

OF THE

STATE OF LOUISIANA



SIXTH DAYS PROCEEDINGS



of the Constitutional Convention of 1973

held in accordance with Act 2 of the 1972

Regular Session of the Legislature

Thursday, January 18, 1973, Baton Rouge, La.

The Convention was called to order at 10:00 o'clock A.M.,
by Hon. E. L. Henry, Chairman of the Convention.

ROLL CALL

The roll being called, the following delegates answered
to their names:

PRESENT



Prayer

Prayer was offered by Delegate Warren.
Pledge of Allegiance

Delegate Schmitt led the Convention in reciting the Pledge
of Allegiance to the Flag of the United States of America.

Reading of the Journal

On motion of Mr. Toca, the reading of the Journal was
dispensed with.

The Chair announced that the Convention had before it
proposed Rule No. 69 of Committee Resolution No. 1 by
Delegate Stagg on behalf of the Temporary Committee on
Rules.

Rule No. 69. Privileged Motions. When a question is under
debate, no motion shall be leceived except:

1. To fix the time to which to adjourn.

2. To adjourn.

3. To take a recess.

4. To call for the Orders of the Day.

5. To lay on the table.

6. For a Call of the Convention.

7. To limit debate.

8. To move the previous question on the entire subject
matter.

9. To move the previous question.

10. To postpone to a day certain.

11. To commit, refer, or recommit.

12. To amend.

13. To postpone indefinitely.
The motions listed in this rule shall take precedence in the
order which they stand arranged. All of them shall be decid-
ed by the affirmative vote of a majority of those present and
voting, except that a motion for the previous question and
the previous question on the entire subject matter shall
require a vote of two-thirds of the delegates present and
voting, and a motion to postpone indefinitely requires the
affirmative vote of a majority of all delegates to the Con-
vention. When a recess is taken while a question is pending,
consideration of such question shall be resumed when the
Convention reassembles, unless it determines otherwise. No
motion to postpone to a day certain, or to commit, having
been decided by the Convention, shall again be in order on
the same day or at the same stage of the question. Whenever
a proposal is being considered and a motion is then made,
either to postpone indefinitely or to commit, any pending
amendments to the proposal shall first be in order before
any vote is taken on any such motion.

Read.

Delegate Stagg moved the adoption of Rule No. 69.

Seconded by Delegate Slay.

Delegates Rayburn and Ginn sent up floor amendments,
which were read as follows:

FLOOR AMENDMENTS

Amendments proposed by Delegate Rayburn and Ginn to
Committee Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 22, line 26 after the word "voting," and before
the words "a motion" strike out the words "except that"

AMENDMENT No. 2

On page 22, line 28 after the words "vote of strike out
the words "two-thirds" and insert in lieu thereof the words

"a majority"

Delegate Rayburn moved the adoption of the amendments.

Seconded by Delegate Ginn.

The Chairman announced that there were 127 members A record vote was asked for and ordered by the Con-
present and a quorum. I vention.

45



Delegates 






Mr. Chairman


Fowler


Rachal


Abraham


Fulco


Rayburn


Aertker


Guathier


Reeves


Alario


Giarrusso


Riecke


Alexander


Ginn


Robinson


Anzalone


Gravel


Roemer


Armentor


Grier


Roy


Arnette


Guarisco


Schmitt


Asseff


Guidry


Segura


Avant


Hardee


Shannon


Badeaux


Hayes


Silverberg


Bel


Haynes


Singletary


Bergeron


Hernandez


Slay


Blair


Jack


Smith


Bollinger


Jackson, A.


Soniat


Brien


Jackson, J.


Stagg


Brown


Jenkins


Stephenson


Burns


Juneau


Stinson


Burson


Kean


Stovall


Cannon


Kelly


Sutherland


Carmouche


Kilbourne


Tapper


Casey


Lambert


Tate


Champagne


Landry, A.


Taylor


Chatelain


Landry, E. J.


Thistlethwaite


Chehardy


Lanier


Thompson


Colten


LeBleu


Tobias


Conino


Leigh


Toca


Conroy


Leithman


Toomy


Corne


Lennox


Triche


Cowen


Lowe


Ullo


D'Gerolamo


McDaniel


Velazquez


De Blieux


Martin


Vesich


Dennery


Mauberret


Vick


Dennis


Miller


Wall


Deshotels


Mire


Warren


Drew


Munson


Weiss


Dunlap


Newton


Willis


Duval


Nunez


Winchester


Edwards


O'Neill


Wisham


Elkins


Ourso


Womack


Fayard


Perez


Zervigon


Flory


Perkins




Fontenot


Planchard




Total 127.


ABSENT




Derbes


Landrum


Sandoz


Kilpatrick


LeBreton




Total 5.







PAGE 2

6th Days Proceedings  January 18, 1973





ROLL CALL




The roll was


called with the following result:




YEAS




Delegates 






Aertker


Haynes


Rayburn


Alario


Hernandez


Reeves


Anzalone


Jack


Roy


Armentor


Jackson, A.


Robinson


Avant


Kelly


Segura


Bel


Lambert


Shannon


Blair


Landry, A.


Silverberg


Burns


LeBleu


Slay


Burson


Leithman


Smith


Cannon


Lennox


Stephenson


Chehardy


Lowe


Stovall


Corne


McDaniel


Tapper


D'Gerolamo


Martin


Thistlethwaite


Dunlap


Mauberret


Thompson


Edwards


Miller


Tobias


Elkins


Munson


Toca


Fayard


Newton


Triche


Flory


Nunez


Vesich


Fowler


O'Neill


Wall


Fulco


Perkins


Womack


Ginn


Perez




Gravel


Planchard




Total 64.


NAYS




Delegates-






Abraham


Deshotels


Riecke


Alexander


Drew


Roemer


Arnette


Duval


Schmitt


Asseff


Fontenat


Singletary


Badeaux


Gauthier


Soniat


Bergeron


Giarrusso


Stagg


Bollinger


Grier


Stinson


Brien


Guarisco


Sutherland


Brown


Hardee


Taylor


Carmouche


Hayes


Toomy


Casey


Jackson, J.


Ullo


Champagne


Jenkins


Velazquez


Chatelain


Juneau


Vick


Colten


Kean


Warren


Conino


Kilbourne


Weiss


Conroy


Land rum


Willis


Cowen


Landry, E. J.


Winchester


De Blieux


Lanier


Wisham


Dennery


Leigh


Zervigon


Dennis


Mire




Total 59.


ABSENT




Delegates 






Mr. Chairman


Kilpatrick


Rachal


Oerbes


LeBreton


Sandoz


Guidry


Ourso


Tate


Total 9.







And the amendments were adopted.

Delegate Jenkins sent up a floor amendment which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Jenkins to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1
On page 22, line 31, after the period insert the following:
"Before calling for the vote on the previous question or
on the previous question on the entire subject matter, the
Chairman shall announce the names of those delegates who
have requested to speak and shall state the number of
amendments or motions which are still pending."

Delegate Jenkins moved the adoption of the amendment.

Seconded by Delegate O'Neill.



And the amendment was adopted.

Delegate Stovall sent up floor amendments, which were
read as follows:

FLOOR AMENDMENTS

Amendment proposed by Delegate Stovall to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 22, line 24, following the words "stand arranged."
add the following:

"Proponents and opponents of motions shall be recognized
to speak alternately."

AMENDMENT No. 2

On page 22, line 24, following the words "All of delete
the word "them" and insert in lieu the word "motions"

Delegate Stovall moved the adoption of the amendments.

Seconded by Delegate De Blieux.

And the amendments were rejected.

Delegate Bollinger sent up floor amendments, which were
read as follows:

FLOOR AMENDMENTS

Amendments proposed by Delegate Bollinger to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 22, line 27, immediately after the partial word
"tion" and before the words "the previous" strike out the
word "and" and insert in lieu thereof a comma ","

AMENDMENT No. 2
On page 22, strike out line 28 in its entirety

AMENDMENT No. 3

On page 22, line 29, at the beginning of the line strike
out the words "present and voting" and at the end of the
line add the word "shall"

AMENDMENT No. 4

On page 22, line 30 at the beginning of the line strike out
the word "requires" and insert in lieu thereof the word
"require"

AMENDMENT No. 5

On page 22, line 30, after the words "vote of, strike out
the remainder of the line and insert the following:
"two-thirds of the delegates present and voting or a ma-
jority of delegates to the Convention, whichever constitutes
the lesser number."

AMENDMENT No. 6

On page 22, line 31, at the beginning of the line, strike out
the following

"to the Convention."

Delegate Bollinger moved the adoption of the amendments.

Seconded by Delegate Brien.

Motion

Delegate Duval moved to limit debate to ten minutes
allowing ten minutes to the proponents of the amendments
and ten minutes to the opponents.

Seconded by Delegate Bollinger.

And the motion was adopted.

The vote recurred on the amendments.

And the amendments were rejected.

Delegate Stagg then moved the adoption of Rule No. 69, as
amended.

Seconded by Delegate Slay.

And the Rule, as amended, was adopted.



46



PAGE 3

6th Days Proceedings  January 18, 1973



Rule No. 70. Motions Not Debatable. A motion to adjourn
is always in order except when a motion to fix the time to
which to adjourn, or a motion to amend the calendar and
agenda, is pending. A motion to adjourn, a motion to lay on
the table, a motion for recess pending the consideration of
other business and all matters relating to questions of order
shall be decided without debate.

Read.

Delegate Stagg moved the adoption of Rule No. 70.

Seconded by Delegate Kelly.

And the Rule was adopted.

Rule No. 71. Withdrawal. Any motion may be withdrawn
by the mover at any time before decision, amendment or
ordering of the yeas and nays, except a motion to reconsider,
which may not be withdrawn without consent of the Conven-
tion.

Read.

Delegate Stagg moved the adoption of Rule No. 71.

Seconded by Delegate Reeves.

And the Rule was adopted.

Rule No. 72. Format of Motions and Seconds. Motions
shall be presented in the following manner:

A. No motion listed in Rule No. 69 need to be in writing.
Where a motion is in writing the delegate shall attach his
or her name hereto before it is received by the Chairman or
read by the Secretary, or before it is debated, if debate is in
order.

B. No motion need be seconded.

Read.

Delegate Stagg moved the adoption of Rule No. 72.

Seconded by Delegate Segura.

Delegate Stagg sent up a floor amendment, which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Stagg to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 23, line 21, after the word "name" and before
the word "before" delete the word "hereto" and insert in
lieu thereof the word "thereto"

Delegate Stagg moved the adoption of the amendment.

Seconded by Delegate Ullo.

And the amendment was adopted.

Delegate Stagg then moved the adoption of Rule No. 72,
as amended.

Seconded by Delegate Segura.

And the Rule, as amended, was adopted.

Rule No. 73. Motion for Reconsideration. Any member may
move for a reconsideration of any question at the same
session of the Convention or the next succeeding session.
The Committee on Style and Drafting may move for re-
consideration on any subsequent day if one session day's
notice of its intention to do so is given in writing to the
Secretary and is entered upon the Journal. A motion to re-
consider shall be taken up in its regular order and shall
be decided upon by a majority vote of those members pre-
sent and voting.



A motion to reconsider shall net be renewed on the same
day.

Read.

Delegate Stagg moved the adoption of Rule No. 73.

Seconded by Delegate Tobias.

Delegate Burson sent up a floor amendment, which was
lead as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Burson to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 23 in Rule No. 73 after the words "Motion for
Reconsideration." strike out the remainder of line 25 and
all of lines 26 and 27 and add the following sentence:

'Any member who voted on the prevailing side of the
question may move for a reconsideration of any question
at the same session of the Convention or the next suceeding
session."

Delegate Burson moved the adoption of the amendment.

Seconded by Delegate Munson.

And the amendment was rejected.

Delegate J. Jackson sent up a floor amendment, which
was read as follows:

FLOOR AMENDMENT

Amendmen; proposed by Delegate J. Jackson to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 23, line 29, immediately after the word "on" and
before the word "any" insert the following:

"any matter which is in the purview of said committee's
functions, on"

Delegate J. Jackson moved the adoption of the amend-
ment.

Seconded by Delegate Stovall.

And the amendment was rejected.

Delegate Leithman in the Chair

Delegate Stagg then moved the adoption of Rule No. 73.

Seconded by Delegate Tobias.

And the Rule, was adopted.

Rule No. 74. Motion to Call from the Table. A motion
which has been laid on the table shall be called from the
table only by the affirmative vote of two-thirds of the dele-
gates to the Convention.

Read.

Delegate Stagg moved the adoption of Rule No. 74.

Seconded by Delegate Bergeron.

And the Rule was adopted.

Rule No. 75. Division of a Question. Any delegate may call
for a division of the question, which shall be divided if it
includes propositions which are so distinct in substance
that, when one is removed or deferred, a substantive propo-
sition remains for the decision of the Convention. A motion
to strike cut and insert shall not be subject to division with-
in the meaning of this rule. No section of a proposal may be
divided. The limits on debate as set forth in Rule No. 30
of these rules shall apply to the debate on each division of
a question.



Read.



47



PAGE 4

6th Days Proceedings  January 18, 1973



Delegate Stagg moved the adoption of Rule No. 75.

Seconded by Delegate Fayard.

Delegate Stagg sent up floor amendments, which were
read as follows:

FLOOR AMENDMENTS

Amendments proposed by Delegate Stagg on behalf of the
Temporary Rules Committee to Committee Resolution No. 1
by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1
On page 24, line 11, delete the word "No".

AMENDMENT No. 2

On page 24, line 12, delete the words "section of a proposal
may be divided".

On motion of Delegate Stagg the amendments were with-
drawn.

Delegate De Blieux sent up floor amendments which were
read as follows:

FLOOR AMENDMENTS

Amendments proposed by Delegate De Blieux to Commit-
tee Resolution No. 1 by Delegate Stagg.



Amend the Original Resolution as follows:

AMENDMENT No. 1
On page 24, line 11, delete the word "No".

AMENDMENT No. 2

On page 24, line 12, delete the words "section of a proposal
may be divided".

Delegate De Blieux moved the adoption of the amendment.

Seconded by Delegate Avant.

And the amendments were adopted.

Delegate Stagg moved the adoption of Rule No. 75, as
amended.

Seconded by Delegate Fayard.

And the Rule, as amended, was adopted.

Rule No. 76. Previous Question. A. Previous question. This
undebatable motion is applicable only to the pending amend-
ment, or amendments, if more than one amendment is under
discussion; and it shall be admitted when ordered by a
favorable vote of two-thirds of the delegates present and
voting, and when carried its effect shall be to put an end
to the debate and bring the Convention to a vote on the
pending amendments only, without prejudice to further de-
bate on, or subsequent amendments to, the main question.
If there has been any discussion on the amendments, the
proponent, or a delegate designated by him, shall have the
right to close, even after the previous question is ordered,
which closing speech shall be limited to fifteen minutes.

B. Previous question on the entire subject matter. It shall
only be admitted when ordered by a favorable vote of two-
thirds of the delegates present and voting, and when carried,
its effect shall be to put an end to all debate, and bring the
Convention to a direct vote:

(1) Upon the pending amendment and so on back to the
first amendment offered;

(2) Upon amendment reported by a committee, if any;
and,

(3) Upon the main question. But in all questions involv-
ing length of time, amount of interest, questions of quantity,
and similar questions, such questions involving the longest
time, the largest interest or quantity shall be put first re-
gardless of the order in which motions, amendments or
substitutes, may have been made.



On a motion for the previous question on the entire sub-
ject matter, and prior to the ordering of the same, a call of
the Convention shall be in order; but after the Convention
shall have ordered such motion no call shall be in order
prior to a decision of the main question. On a motion for the
previous question on the entire subject matter, there shall be
no debate. All incidental questions of order, arising after a
motion is made for the previous question on the entire sub-
ject matter, and pending such motion, shall be decided
whether on appeal or otherwise, without debate. After a call
for the previous question on the entire subject matter has
been sustained, the question shall be put and determined in
order as above, without debate on either amendments or
the main question, provided that the proponents of the
amendments and measure, or a delegate designated by him,
shall respectively have the right to close the debate, after
the previous question on the entire subject matter is ordered,
which closing speech shall be limited to a total of fifteen
minutes.

Read.

Delegate Stagg moved the adoption of Rule No. 76.

Seconded by Delegate Slay.

Delegate Kean sent up floor amendments, which were
read as follows:

FLOOR AMENDMENTS

Amendments proposed by Delegate Kean to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 24, line 19 after the word "vote" delete the re-
mainder of line 19 and insert in lieu thereof the following:

"as provided in Rule 69"



AMENDMENT No. 2

On page 24, line 20 delete the word "voting"

AMENDMENT No. 3

On page 24, line 25, delete the "a" before the word "dele-
gate" and change the word "delegate" to "delegates"

AMENDMENT No. 4

On page 24, line 29, delete the word "of", and on line 30,
delete the words "two thirds of the delegates present vot-
ing" and insert "as provided in Rule 69."

AMENDMENT No. 5

On page 24, line 32 aftert the word "Convention" and be-
fore the word "to" add the words "or any committee"

AMENDMENT No. 6

On page 25, line 22 delete the "a" and change the word
"delegate" to "delegates"

AMENDMENT No. 7

On page 25, line 25, correctly spell the word "speechs" so
as to read "speeches"

Delegate Kean moved the adoption of the amendment.

Seconded by Delegate Kean.

And the amendments were adopted.

Delegate Duval sent up a floor amendment, which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Duval to Committee
Resolution No. 1, by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1
On page 25, between lines 7 and 8 add the following:
"(4) The motion for the previous question and the previ-
ous question on the subject matter shall, during the con-
sideration of any proposal, extend only to the individual
section under discussion in accordance with Rule No. 45."



Delegate Duval moved the adoption of the amendment.



48



PAGE 5

6th Days Proceedings  January 18, 1973

Seconded by Delegate Velazquez.

And the amendment was adopted.

Delegate Stagg then moved the adoption of Rule No. 76,
as amended.

Seconded by Delegate Slay.

And the Rule, as amended, was adopted.

Rule No. 77. Adjournment and Recess. A motion to adjourn
or recess shall always be in order, except when, on a call
for the previous question and previous question on the en-
tire subject matter, the question shall have been ordered, or
when a delegate has the floor, and shall be decided without
debate.

Read.

Delegate Stagg moved the adoption of Rule No. 77.

Seconded by Delegate Shannon.

And the Rule was adopted.

Rule No. 78. Voting after Decision is Announced. When
the Yeas and Nays are taken on any question, no delegate
shall be permitted, under any circumstances whatever, to
vote after the decision has been announced by the chairman.
The names of absentees on all calls of the yeas and nays
shall be placed on a separate list.

Read.

Delegate Stagg moved the adoption of Rule 78.

Seconded by Delegate Bergeron.

And the Rule was adopted.

Rule No. 79. Explanation of Vote. No delegate shall be
permitted to explain his or her vote except as hereafter pro-
vided. Any delegate may explain his or her vote in writing
or reasons for not voting in writing and request that such
explanation be made part of the record.

Read.

Delegate Stagg moved the adoption of Rule No. 79.

Seconded by Delegate Weiss.

And the Rule was adopted.

Rule No. 80. Tie Votes. When the Convention is equally
divided, the decision of the chairman shall be taken to break
the tie, provided that the chairman, in this event, shall not
have previously voted as a delegate on the question.

Read.

Delegate Stagg moved the adoption of Rule No. 80.

Seconded by Delegate Chehardy.

Delegate Stagg sent up a floor amendment, which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Stagg to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 26, line 11, after the words "divided, the" and
before the words "of the" delete the word "decision" and
insert in lieu thereof the word "vote"

Delegate Stagg moved the adoption of the amendment.
Seconded by Delegate Mire.
And the amendment was adopted.



Delegate Stagg then moved the adoption of Rule No. 8U,
as amended.

Seconded by Delegate Chehardy.

And the Rule, as amended, was adopted.

Rule No. 81.. Recording the Vote. On the passage on third
reading of every proposal, section, or article the yeas and
nays shall be entered in the Journal, and no proposal,
section, or article shall be declared passed unless a majority
of all the delegates to the Convention shall have voted in
favor of the passage of same.

Read.

Delegate Stagg moved the adoption of Rule No. 81.

Seconded by Delegate Kean.

And the Rule was adopted.

Rule No. 82. Consent. No proposal, resolution or other
subject shall be made a special order for a particular day
without the consent of two-thirds of the delegates present.

Delegate Stagg moved the adoption of Rule No. 82.

Seconded by Delegate Ourso.

Delegate Stagg sent up a floor amendment, which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Stagg to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 26. line 23, at the end of the line strike out the
period "." and insert in lieu thereof the following:

"and voting."

Delegate Stagg moved the adoption of the amendment.

Seconded by Delegate Ouiso.

And the amendment was adopted.

Delegate Stagg then moved the adoption of Rule No. 82,
as amended.

Seconded by Delegate Ourso.

And the Rule, as amended, was adopted.

Rule No. 83. Precedence. When two or more subjects shall
have been specially assigned for consideration, they shall
take precedence according to the order of time for which
they were severally made or assigned, and said orders shall
at no time be lost or changed except by direction of the
Convention.

Read.

Delegate Stagg moved the adoption of Rule No. 83.

Seconded by Delegate Wisham.

And the Rule was adopted.

Rule No. 84. Change in Rules. Any standing rule of the
Convention may be rescinded, altered, or amended in the
following manner: notice shall be given in writing of the
motion therefore, which motion shall be referred immediate-
ly by the chairman to the Committee on Rules, which shall
file its report to the Convention within twenty-four hours of
receipt of the motion. Two days after the filing of the pro-
posed change, the motion shall be considered by the Con-
vention with or without the report of the Committee on
Rules, and for passage shall require a vote of a majority
of the delegates to the Convention.

Read.

Delegate Stagg moved the adoption of Rule No. 84.

Seconded by Delegate Ginn.



49



PAGE 6

6th Days Proceedings  January 18, 1973



Delegate Stagg sent up floor amendments, which were
read as follows:

FLOOR AMENDMENTS

Amendments proposed by Delegate Stagg to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 26, line 33, after the word "motion" and before
the word "which" delete the word "therefore," and insert
in lieu thereof the word "therefor,"

AMENDMENT No. 2

On page 27, line 4, after the words "require a" and before
the word "vote" insert the following "favorable"

Delegate Stagg moved the adoption of the amendments.

Seconded by Delegate Lanier.

And the amendments were adopted.

Delegate Stagg then moved the adoption of Rule No. 84,
as amended.

Seconded by Delegate Ginn.

And the Rule, as amended, was adopted.

Rule No. 85. Suspension of Rules. One or more rules may
be suspended for a specified purpose by the affirmative
vote of two-thirds of the delegates present and voting or
a majority of delegates to the Convention, whichever consti-
tutes the lesser number.



Read.

Delegate Stagg moved the adoption of Rule No.

Seconded by Delegate Slay.



85.



Delegate Arnette sent up a floor amendment which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Arnette to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 27, line 8, after the word "of" delete the re-
mainder of the line and delete lines 9 and 10 in their en-
tirety and insert in lieu thereof the following:

"a majority of the delegates to the Convention."

Delegate Arnette moved the adoption of the amendment.

Seconded by Delegate Gauthier.

And the amendment was adopted.

Delegate Stagg then moved the adoption of Rule 85, as
amended.

Seconded by Delegate Slay.

And the Rule, as amended, was adopted.

Rule No. 86. Consideration of Proposals without Commit-
tee Recommendation. After one day's notice the Convention,
on motion passed by the affirmative vote of a majority of
the delegates present and voting, may require a committee
to return, with or without a recommendation, any proposal
referred to the committee.

Read.

Delegate Stagg moved the adoption of Rule No. 86.

Seconded by Delegate Thompson.

And the Rule was adopted.



Rule No. 87. Notice. Whenever notice is required to be
given by these rules, the following shall constitute notice:

(a) If the Convention is in session, an announcement made
by the Secretary in open session shall constitute notice for
all purposes.

(b) If the Convention is not in session, the Secretary shall
give notice to the delegates by U. S. Mail, certified, postage
prepaid. The date of mailing said notice shall constitute
the date of the notice for all purposes under these rules.

Read.

Delegate Stagg moved the adoption of Rule No. 87.

Seconded by Delegate Newton.

And the Rule was adopted.

Rule No. 88. Authority. On any question of order and
parliamentaiy practice, when these rules are silent or in-
explicit, Mason's Manual Of Legislative Procedure shall be
considered authority.

Read.

Delegate Stagg moved the adoption of Rule 88.

Seconded by Delegate Fayard.

And the Rule was adopted.

Delegate Stagg sent up a floor amendment, which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Stagg to Committee
Resolution No. 1 by Delegate Stagg et al.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 27, line 32, add the following:

"Rule No. 89. Name Abbreviation. In all correspondence,
news releases, memoranda and other similar writings, it
shall be permissible to refer to the Constitutional Conven-
tion of 1973 by the abreviation 'C.C./'73'."

Delegate Stagg moved the adoption of the amendment.

Seconded by Delegate Kean.

And the Rule was adopted.

Delegate Womack sent up a floor amendment, which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Womack to Committee
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1
On page 27. line 32 add the following:
"CHAPTER 7.
Interim Meetings

Rule No. 90. Interim Meetings of the Convention.

The Chairman, with the approval of the Executive Com-
mittee, may reconvene the Convention."

On motion of Delegate Womack, the amendment was
withdrawn.

Final Passage

Delegate Stagg moved the adoption of Committee Resolu-
tion No. 1, as amended.

Seconded by Delegate Kean.

And the Resolution was adopted.

Chairman Henry announced his appointment of the Hon.
David R. Poynter as Chief Clerk of the Convention.

Delegate Taylor moved to approve Chairman Henry's ap-
pointment as provided in the Rules.

And the appointment was approved by acclamation by the
Convention.



50



PAGE 7

6th Days Proceedings  January 18, 1973



Introduction of Resolutions

Delegate and Committee

Resolution

The following delegates introduced the following entitled
resolutions:

DELEGATE RESOLUTION No. 6

Introduced by Delegate Weiss:

A RESOLUTION
Relative to the use of existing Louisiana Hospital Television
Network Facilities by the Louisiana Constitutional Con-
vention of 1973, acting through its committees.

WHEREAS, it is of vital importance to the success of the
work of this convention that its committees have the bene-
fit of the knowledge, wisdom and opinion of all of the citi-
zens of Louisiana and that methods be evolved which permit
ease of access to such persons regardless of their place of
residence within the state; and

WHEREAS, in addition to the public meetings which the
various committees will hold within and without the city
of Baton Rouge at which interested citizens and those hav-
ing specialized knowledge will appear, it is anticipated
that additional need for consultation and hearings will
develop during the course of committee study and delibera-
tion which will require contact with individuals and groups
of individuals in various areas of the state; and

WHEREAS, the existing closed circuit television facilities
of the Louisiana Hospital Television Network can be of in-
estimable value to this convention and its committees, and
hence to the people of the state of Louisiana, in providing a
means of communication between the members of any com-
mittee and persons or groups residing in other areas in or
near the state owned and operated hospitals which form
a part of said hospital television network; and

WHEREAS, Section 5(F) of Act No. 2 of the 1972 Regular
Session of the Legislature authorizes this convention "to
use the facilities and services of any board, commission, de-
partment or agency of the state and of any political sub-
division of the state" and provides that "all such agencies
shall cooperate with the convention «o the fullest exetnt in
furnishing services, facilities and employees upon request,"
and it is desirable that action be taken to provide for the
use of the facilities of the above referred to television net-
work and, to the extent feasible and necessary, those of the
Louisiana Educational Television Authority.

THEREFORE, BE IT RESOLVED that, in the interest of
expediency and in order to provide a useful facility for the
development of data and information and for the review of
specific progress in the preparation of assigned categories of
its work, this Constitutional Convention does hereby make
its formal request to the Commissioner of the Louisiana
Health and Social and Rehabilitation Services Administra-
tion and the head of the Division of Hospitals of said Ad-
ministration and such other division heads as may be ap-
plicable, that the existing facilities of the Louisiana Hospital
Television Network be made available to this convention
and to the committees of this convention during the course
of the deliberations in connection with the framing of a new
constitution for the state of Louisiana, as provided by Act
No. 2 of the Regular Session of 1972, according to such sched-
ule, which shall not conflict with the regular closed circuit
programming of said network, as shall be developed and
determined by the convention, acting through the respective
chairmen of its committees and the appropriate officials or
personnel of said Louisiana Hospital Television Network.

BE IT FURTHER RESOLVED that such existing closed
circuit television facilities shall be made available only when
not in use for the purposes for which they are operated and
on an hourly cost basis for line charges and personnel time
which shall be determined by the Executive Committee of
this Constitutional Convention and, further, that such facili-
ties shall be made available only upon request by the re-
spective committee chairmen made prior to the date on
which such use is required and then only for necessary dis-
cussions relative to the work assigned to the committee
making the request and in no case for general discussion
meetings which would demand more time than use of lines



by all committees requesting such services would permit,
consistent with the regular usage of the facilities of the Lou-
isiana Hospital Television Network.

BE IT FURTHER RESOLVED that the Louisiana Edu-
cational Television Authority is hereby requested to coop-
erate with the Louisiana Hospital Television Network offi-
cials to the full extent deemed necessary and desirable in
order to assure that closed circuit television facilities are
made available to this Constitutional Convention and its
committees as herein set forth.

BE IT FURTHER RESOLVED that copies of this Reso-
lution shall be transmitted by the Secretary of the Consti-
tutional Convention to the Commissioner of the Louisiana
Health and Social and Rehabilitation Services Administra-
tion, to the head of the Division of Hospitals of said Ad-
ministration, to the head of the Louisiana Education Tele-
•"sion Authority and to any other person to whom applica-
ble without delay.

Read.

Motion

On motion of Delegate Weiss the Rules were suspended in
order to consider the Resolution at this time.

Delegate Weiss moved the adoption of the Resolution.

Delegate Womack moved as a substitute that the Resolu-
tion be referred to the Committee on Public Information.

Delegate Weiss objected.

The substitute motion was rejected viva voce.

Motion

Delegate Womack moved as a substitute that the Resolu-
tion be referred to the Executive Committee.

Delegate Weiss objected.

The substitute motion was rejected, viva voce.

The vote then recurred on Delegate Weiss's motion for
the adoption of the Resolution.

And the Resolution was adopted, viva voce.

DELEGATE RESOLUTION No. 7

Introduced by Delegate Derbes:

A RESOLUTION
To adopt the following standing rule of the Constitutional
Convention.
Rule No. ___ Registration of Advocates

A. Advocates Defined

An advocate is any person who is the representative for
compensation and/or reimbursement of expenses of any
other person, or any partnership, committee, association,
corporation or other organization, or of any division, sub-
division or agency of the State of Louisiana, its parishes or
municipalities, to advocate passage or defeat of proposals
or or to otherwise influence the work of the Convention, its
committees, sub-committees or delegates. Before advocating
passage or defeat of proposals of and before attempting to
influence the work of the Convention, its committees, sub-
committees or delegates, the advocate shall submit a regis-
tration statement setting forth his or her name and address,
the name and address of the person or entity by whom the
advocate is employed, and the name and address of the
person or entity whose interest the advocate will advocate.

B. Registration

Registration of advocates shall be by oath or affirmation
before an officer authorized by law to administer oaths, or
before the chairman of any committee or sub-committee as
provided in Rule No. 58. Whenever there occurs a change in
the facts stated in the registration statement, the advocate
shall file a revised statement. The Secretary of the Conven-
tion shall maintain for inspection by the public and by the
delegates of this Convention, a list of all advocates and
their affiliations.

C. Prohibition

Any person who has commenced the activities of an

advocate without prior registration as herein required shall,

upon resolution of the committees or sub-committees of the

Convention, be denied the privilege of addressing that

| respective committee or sub-committee. Any advocate who



51



PAGE 8

6th Days Proceedings  January 18, 1973



has falsified his or her registration statement shall be re-
ported to the Executive Committee, and upon resolution of
that committee, referred to an appropriate law enforcement
officer for prosecution for the crime of false swearing.

Read, lies over under the Rules.

DELEGATE RESOLUTION No. 8

Introduced by Delegates Roy, Gauthier and Dennis:
A RESOLUTION

WHEREAS, pursuant to Act 2 of 1972, the Constitutional
Convention for 1973 convened on January 5, 1973; and

WHEREAS, the Honorable Walter B. Hamlin, Chief
Justice of the Supreme Court of Louisiana was, by said
Act. designated as the temporary chairman of said Conven-
tion; and

WHEREAS, Chief Justice Hamlin immediately and con-
scientiously initiated procedures for the orderly commence-
ment of the Constitutional Convention; and

WHEREAS, Chief Justice Hamlin devoted many hours of
study and preparation for this historic undertaking; and

WHEREAS, his new duties as Chief Justice of the Lou-
isiana Supreme Court and as Chief Administrative Officer of
the Judiciary of the State of Louisiana compelled him to
have someone designated in his stead,

NOW, THEREFORE BE IT RESOLVED that the dele-
gates to the Constitutional Convention of 1973, individually
and on behalf of their respective districts do hereby express
their deep and sincere appreciation to Chief Justice Hamlin
for his interest and leadership in the formation of the Con-
vention and for his continued interest heretofore expressed
in the confection of a new Constitution for the State of Lou-

IS let T13

BE IT FURTHER RESOLVED that this Resolution be
engrossed and made part of the minutes of this Convention
and a copy suitably framed and presented to Chief Justice
Hamlin.

Read.

On motion of Delegate Roy the rules were suspended in
order to consider the adoption of the Resolution at this
time.

Delegate Triche sent up a floor amendment, which was
read as follows:

Amendment proposed by Delegate Triche to Delegate
Resolution No. 1 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1

Add as co-authors "and all members of the Constitutional
Convention of 1973"

On motion of Delegate Trice, the amendment was adopted.

On motion of Delegate Triche, the Resolution, as amended
was adopted.

DELEGATE RESOLUTION No. 9

By: Delegate Jenkins:

A RESOLUTION
To provide with respect to the purchase of printing, mate-
rials, supplies, equipment and services, except employ-
ment, and to provide further with respect thereto.

BE IT RESOLVED by the Louisiana Constitutional Con-
vention of 1973 that no printing, materials, supplies, equip-
ment or services, except employment, with a value in excess
of five hundred dollars shall be purchased or rented by the
Convention unless the Executive Committee or any sub-
committee of the Executive Committee or any officer who
may be authorized to do so shall have first advertised for
sealed bids, opened such bids in public and accepted the
lowest responsible bid which has been offered reserving the
right to refuse to accept any bid; and

BE IT FURTHER RESOLVED that no contract for
printing, materials, supplies, equipment or services, which
may have been heretofore agreed to by the State of Louisi-



ana shall be binding on this Convention.

On motion of Delegate Jenkins, and under a suspension of
the Rules, the Resolution was placed on the Calendar for
final passage on tomorrow.

DELEGATE RESOLUTION No. 10

Introduced by Delegate Asseff:

A RESOLUTION
To urge public and private employers in Louisiana to give
preference in their employment practices to disabled vet-
erans.

WHEREAS, there are many disabled veterans which has
resulted from their defense of their country in various areas
of the world, and

WHEREAS, this country owes a profound debt of grati-
tude especially to its disabled veterans for their performance
of their duty at great personal sacrifice, and,

WHEREAS, it is the duty of all of our citizens to repay
these veterans and not penalize them for their acts of brav-
ery and patriotism for their country, and

WHEREAS, the Louisiana Constitutional Convention is
deeply concerned about the welfare of our disabled veterans
who gave so much in behalf of their country and deserve
the best that we can offer for their great sacrifice for us
and for mankind.

THEREFORE. BE IT RESOLVED by the Louisiana Con-
stitutional Convention convened in Baton Rouge on January
16, 1973, that the Convention expresses its gratitude to our
disabled veterans and urges public and private employers
to give preference to disabled veterans in their employment
practices.

Read.

On motion of Delegate Asseff, the Rules were suspended
for the purpose of considering the Resolution at this time.

On motion of Delegate Asseff the Resolution was adopted.

DELEGATE RESOLUTION No. 11

Introduced by Delegate Avant:

A RESOLUTION
BE IT RESOLVED that no resolution, memorial or petition
be in order unless it is germane to the business of this
Convention as such.

Read.

On motion of Delegate Avant the Rules were suspended
for the purpose of considering the Resolution at this time.

On motion of Delegate Avant, the Resolution was adopted.

DELEGATE RESOLUTION No. 12

By Delegate Shannon:

A RESOLUTION
To commend and express the appreciation of this conven-
tion to all persons, groups and organizations for assis-
tance during the organizational period of the convention.

BE IT RESOLVED by the Louisiana Constitutional Con-
vention of 1973 that the convention and all of its members
do hereby express to all those individuals, groups and
organizations, public and private, who have generously as-
sisted this convention and its individual members during
the course of its organizational period its sincere apprecia-
tion for such services.

BE IT FURTHER RESOLVED that all such persons,
groups and organizations are highly commended for the
diligence and dedication exhibited in their efforts in behalf
of this Constitutional Convention.

Read.

On motion of Delegate Shannon the Rules were suspended
in order to consider the adoption of the Resolution at this
time.

On motion of Delegate Shannon the Resolution was
adopted.

DELEGATE RESOLUTION No. 13

Introduced bv Delegate Guarisco:

A RESOLUTION
To direct the Chairman and the Executive Committee of
the 1973 Constitutional Convention to furnish each dele-
gate with stationery under the Convention letterhead
containing the delegate's name and committee assign-
ment and any office held by a delegate.



52



PAGE 9

6th Days Proceedings  January 18, 1973



WHEREAS, it will be necessary for the delegate to corres-
pond with persons in the interest of forming a new Con-
stitution; and

WHEREAS, no official stationery exists for the delegates;
and

WHEREAS, it is of much importance that the delegates
do have official stationery so that they will be recognized
throughout the state when corresponding with various per-
sons and officials.

THEREFORE, BE IT RESOLVED by the delegates to
the 1973 Constitutional Convention of Louisiana that the
Chairman and Executive Committee of Convention are
hereby directed to provide each delegate with stationery
under the Convention letterhead containing the delegate's
name and committee assignment and any Convention office
held by a delegate.

Read.

On motion of Delegate Guarisco the Rules were suspended
for the purpose of considering the Resolution at this time.

Delegate Guarisco sent up a floor amendment which was
read as follows:

FLOOR AMENDMENT

Amendment proposed by Delegate Guarisco to Delegate
Resolution No. 13 by Delegate Stagg.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 1, line 21, immediately after the words "and any"
and before the word "office" insert the word "Convention"

On motion of Delegate Guarisco the amendment was
adopted.

On motion of Delegate Guarisco the resolution, as amended,
was adopted.

DELEGATE RESOLUTION No. 14

Introduced by Delegates Arnette, Sutherland and all dele-
gates to the Constitutional Convention of 1973:
A RESOLUTION

WHEREAS, pursuant to Act 2, of 1972, the Constitutional
Convention for 1973 convened on January 5, 1973; and

WHEREAS, the Honorable Joseph W. Sanders, Justice of
the Supreme Court of Louisiana was, by the Supreme Court,
designated as the temporary chairman of said Convention;
and

WHEREAS, Justice Sanders immediately and conscienti-



ously initiated procedures for the orderly commencement of
the Constitutional Convention; and

WHEREAS, Justice Sanders devoted many hours of study
and preparation for this historic undertaking; and

WHEREAS, Justice Sanders did perform the duties of
temporary chairman in an exemplorary manner.

NOW, THEREFORE BE IT RESOLVED that the dele-
gates to the Constitutional Convention of 1973, individually
and on behalf of their respective districts do hereby ex-
press their deep and sincere appreciation to Justice San-
ders for his interest and leadership in the formation of the
Convention and for his continued interest heretofore ex-
pressed in the confection of a new Constitution for the
State of Louisiana.

BE IT FURTHER RESOLVED that this Resolution be
engrossed and made part of the minutes of this Conven-
tion and a copy suitably framed and presented to Justice
Sanders.

Read.

On motion of Delegate Arnette the rules were suspended
for the purpose of considering the adoption of the Resolu-
tion at this time.

On motion of Delegate Arnette the Resolution was adopted.

Leave of Absence

Derbes  1 day.
Sandoz  1 day.
Ourso  hi day.
Tate % day.
LeBreton  % day.
J. Jackson  Vz day.
Colten  % day.

Adjournment

Delegate Wall, moved that the Convention do now adjourn
until Friday, January 19, 1973 at 9:30 o'clock, A.M.

Which motion was agreed to.

And Chairman Henry declared the Convention adjourned
to Friday, January 19, 1973 at 9:30 o'clock A.M.

Prepaid in accordance with the transcript
and records of the Convention. Resolu-
tions introduced on this day have been
numbered by the Secretary in accordance
with the order of the Convention.

MOISE W. DENNERY

Secretary

DAVID R. POYNTER
Chief Clerk



53



OFFICIAL JOURNAL

OF THE



CONSTITUTIONAL CONVENTION
OF 1973

OF THE

STATE OF LOUISIANA



SEVENTH DAY'S PROCEEDINGS



of the Constitutional Convention of 1973

held in accordance with Act 2 of 1972

Regular Session of the Legislature

Friday, January 19, 1973, Baton Rouge, La.

The Convention was called to order at 9:30 o'clock A.M.,
by Hon. E. L. Henry, Chairman of the Convention.

ROLL CALL

The roll being called, the following delegates answered
to their names:





PRESENT




Delegates 






Mr. Chairman


Fulco


Planchard


Aertker


Gauthier


Rachal


Alario


Giarrusso


Rayburn


Alexander


Ginn


Reeves


Anzalone


Gravel


Riecke


Armentor


Grier


Robinson


Arnette


Guarisco


Roemer


Asseff


Guidry


Roy


Avant


Hardee


Sandoz


Badeaux


Hayes


Schmitt


Bel


Haynes


Segura


Bergeron


Hernandez


Shannon


Blair


Jack


Silverberg


Bollinger


Jackson, A.


Singletary


Brien


Jackson, J.


Slay


Brown


Jenkins


Smith


Burns


Juneau


Soniat


Burson


Kean


Stagg


Cannon


Kelly


Stephenson


Carmouche


Kilbourne


Stinson


Casey


Kilpatrick


Stovall


Champagne


Lambert


Sutherland


Chatelain


Landrum


Tapper


Chehardy


Landry, A.


Tate


Colten


Landry, E. J.


Taylor


Conino


Lanier


Thistlethwaite


Conroy


LeBleu


Thompson


Corne


LeBreton


Tobias


Cowen


Leigh


Toca


D'Gerolamo


Leithman


Toomy


De Blieux


Lennox


Triche


Dennery


Lowe


Ullo


Dennis


McDaniel


Velazquez


Derbes


Martin


Vesich


Deshotels


Mauberret


Vick


Drew


Miller


Wall


Dunlap


Mire


Warren


Duval


Munson


Weiss


Edwards


Newton


Willis


Elkins


Nunez


Winchester


Fayard


O'Neill


Wisham


Flory


Ourso


Womack


Fonlenot


Perez


Zervigon


Fowler


Perkins




Total 131.


ABSENT




Delegates 






Abraham






Total 1.







The Chairman announced that there were 131 members
present and a quorum.



Prayer

Prayer was offered by Delegate Landrum.

Pledge of Allegiance

Delegate Kean led the Convention in reciting the Pledge
of Allegiance to the Flag of the United States of America.

Reading of the Journal

On motion of Delegate Alario, the reading of the Journal
was dispensed with.

Morning Hour

Introduction of Resolutions

Delegate and Committee

Resolution

The following delegates and Chairmen on behalf of their
committees introduced the following resolutions:

DELEGATE RESOLUTION No. 15

By Delegate Dennis:

A RESOLUTION
To provide with respect to the functioning of the com-
mittees of the Constitutional Convention of 1973.

BE IT RESOLVED, that the substantive, procedural and
other committees now created or otherwise created in ac-
cordance with the Standing Rules of the Convention are
hereby authorized and directed to commence immediately
the performance of their functions and duties, and to expend
funds of the Convention in furtherance thereof under the
administration of the Executive Committee, all in accordance
with the Standing Rules of the Convention.

BE IT FURTHER RESOLVED that the Executive Com-
mittee is hereby authorized and directed to commence im-
mediately the performance of its duties and functions in-
cluding that of budgeting and approving the expenditure of
convention funds by itself and all other committees of the
Convention, in accordance with Act 2 of 1972 and the
Standing Rules of the Convention.

Read.

On motion of Delegate Dennis the Rules were suspended
for the purpose of considering the adoption of the Resolution
at this time.

On motion of Delegate Dennis the Resolution was adopted.

Resolutions on Second
Reading and Referral

The following entitled Delegate Resolutions on second
reading to be referred to Committees were taken up, read,
and referred to Committees, as follows:

DELEGATE RESOLUTION No. 7

Introduced by Delegate Derbes:

A RESOLUTION
To adopt the following standing rule of the Constitutional

Convention.
Rule No. . Registration of Advocates

.Advocates Define

An advocate is any person not a delegate to the Louisiana
Constitutional Convention who is the representative for
compensation and/or reimbursement of expenses of any
other person, or any partnership, committee, association,
corporation or ether organization, or of any division, sub-
division or agency of the State of Louisiana, its parishes
or municipalities, to advocate passage or defeat of proposals
of or to otherwise influence the work of the Convention, its
committees, sub-committees or delegates. Before advocating
passage or defeat of proposals of and before attempting to
influence the work of the Convention, its committees, sub-
committees or delegates, the advocate shall submit a regis-
tration istatement setting forth his or her name and address,
the name and address of the person or entity by whom the
advocate is employed, and the name and address of the
person or entity whose interest the advocate will advocate.

B. Registration

Registration of advocates shall be by oath or affirmation
before an officer authorized by law to administer oaths, or



54



PAGE 2

7th Days Proceedings  January 18, 1973



before the chairman of any committee or sub-committee as
provided in Rule No. 58. Whenever there occurs a change in
the facts stated in the registration statement, the advocate
shall file a revised statement. The Secretary of the Conven-
tion shall maintain for inspection by the public and by the
delegates of this Convention, a list of all advocates and
their affiliations.

C. Prohibition

Any person who has commenced the activities of an advo-
cate without prior registration as herein required shall, upon
resolution of the committees or sub-committees of the Con-
vention, be denied the privilege of addressing that respective
committee or sub-committee. Any advocate who has falsi-
fied his or her registration statement shall be reported to
the Executive Committee, and upon resolution of that
committee, referred to an appropriate law enforcement
officer for prosecution for the crime of false swearing.

Read.

On motion of Delegate Derbes, the rules were suspended in
order to consider the adoption of the Resolution at this
time.

Delegate Derbes moved the adoption of the Resolution.

Delegate Kean moved, as a substitute, that the Resolution
be referred to the Committee on Rules, Credentials and
Ethics.

Delegate Triche objected.

The substitute motion carried, viva voce.

Delegate Kean moved to reconsider the vote by which the
Resolution was referred to the Committee on Rules, Creden-
tials and Ethics was adopted, and on his own motion, the
motion to reconsider was tabled.

Resolutions
Delegate and Committee

The following entitled Delegate Committee Resolutions
were taken up on their third reading and final passage:

RESOLUTION No. 9

By: Delegate Jenkins:

A RESOLUTION
To provide with respect to the purchase of printing, ma-
terials, supplies, equipment and services, except employ-
ment, and to provide further with respect thereto.

BE IT RESOLVED by the Louisiana Constitutional Con-
vention of 1973 that no printing, materials, supplies, equip-
ment or services, except employment, with a value in excess
of five hundred dollars shall be purchased or rented by the
Convention unless the Executive Committee or any sub-
committee of the Executive Committee or any officer who
may be authorized to do so shall have first advertised for
sealed bids, opened such bids in public and accepted the
lowest responsible bid which has been offered, reserving the
right to refuse to accept any bid: and

BE IT FURTHER RESOLVED that no contract for
printing, materials, supplies, equipment or services, which
may have been heretofore agreed to by the State of Louisiana
shall be binding on this Convention.

Read.

Delegate Jenkins sent up floor amendments, which were
read as follows:

FLOOR AMENDMENTS

Amendments proposed by Delegate Jenkins to Delegate
Resolution No. 9 by Delegate Jenkins.

Amend the Original Resolution as follows:

AMENDMENT No. 1

On page 1, line 7, delete the words "five hundred dollars"
and insert in lieu thereof the words "one thousand dollars"



AMENDMENT No.2

On page 1, line 12, after the word "bid" delete the semi-
colon, insert a comma and the following "all in accord with
the Public Contract Law of the state;"

On motion of Delegate Jenkins, the amendments were
adopted.

Delegate Jenkins moved the adoption of the Resolution,
as amended.

As a substitute Delegate Avant moved to refer the Resolu-
tion to the Executive Committee.

Delegate Jenkins objected.

The substitute motion carried viva voce.

Delegate Avant moved to reconsider the vote by which
the Resolution was referred to the Executive Committee,
and on his own motion that motion was laid on the table.

Motion

On motion of Delegate Casey, the Convention altered the
Order of Business to take up Introduction of Resolutions
at this time.

Introduction of Resolutions

Delegate and Committee

Resolution

The following delegates and Chairmen on behalf of their
committees introduced the following entitled resolutions:

DELEGATE RESOLUTION No. 16

Introduced by Delegates T. A. Casey:
A RESOLUTION
To commend and express the appreciation of the Conven-
tion to the Honorable Wade O. Martin, Jr., Secretary of
State, for his valuable contributions to the Louisiana
Constitutional Convention of 1973.

WHEREAS, Mr. Martin was instrumental in the en-
deavors to bring about this Convention; and

WHEREAS, even before the first meeting of the dele-
gates, Mr. Martin and his staff were hard at work taking
applications for staff positions for the Convention; and

WHEREAS, the Secretary of State attended the first
Convention meeting and called the roll of delegates and
announced the votes on various measures for the Conven-
tion; and

WHEREAS. Mr. Martin has offered his personal assis-
tance and the assistance of his staff to aid the delegates in
preparing a new constitution for the people of this state;
and

WHEREAS, the delegates of this Convention sincerely
appreciate his untiring efforts to help the people of the state
of Louisiana.

THEREFORE. BE IT RESOLVED by the Louisiana Con-
stitutional Convention of 1973 that its members do hereby
express its sincere appreciation to the Honorable Wade O.
Martin, Jr., Secretary of State, for his diligent efforts in
receiving applications and providing for a temporary staff
for this Convention, his participation in the opening session
of this body and the many other valuable services which
he has performed in behalf of this Convention.

BE IT FURTHER RESOLVED that the various members
of Secretary of State Martin's staff who worked in behalf
of this Convention are hereby commended for their contri-
butions toward a successful organizational session of the
Louisiana Constitutional Convention of 1973.

BE IT FURTHER RESOLVED that this Resolution be
engrossed and made part of the minutes of this Convention
and a copy suitably framed and presented to the Honorable
Wade O. Martin, Jr., Secretary of State.

Read.

On motion of Delegate Casey the Rules were suspended in
order to consider the adoption of the Resolution at this time.

Mr. Casey moved the adoption of the Resolution.

Delegate Casey sent up a floor amendment, which was

read as follows:



55



PAGE 3

7th Days Proceedings  January 18, 1973



FLOOR AMENDMENT

Amendment proposed by Delegate Casey to Delegate
Resolution No. 16 by Delegate Casey.

Amend Original Resolution as follows:

AMENDMENT No. I
Add as co-authors all the delegates to the Convention

On motion of Delegate Casey the amendment was adopted.

On motion of Delegate Casey the Resolution, as amended,
was adopted.

Election of Officers

On the motion of Delegate Kilpatrick, the Convention
took up the election of officers as provided in Act 2 of the
1972 Regular Session and the Standing Rules of the Con-
vention.

The election of the Statutory Vice-Chairman (First Vice
Chairman) was taken up at this time.

Delegate Burson placed in nomination the name of Dele-
gate Ruth Miller.

Delegate Arnette seconded the nomination.

Delegate Badeaux seconded the nomination.

Delegate A. Jackson placed in nomination the name of
Delegate Tom Stagg.

Delegate Roemer seconded the nomination.

Delegate Bollinger seconded the nomination.

Delegate Lynn Perkins placed in nomination her own
name.

Delegate Warren seconded the nomination.

Delegate O'Neill seconded the nomination.

Delegate Thompson moved that the nominations be closed.

The roll was called and the vote taken with the follow-
ing results:

ROLL CALL VOTE

FOR DELEGATE MILLER



Delegates 






Alario


Elkins


Rachal


Alexander


Flory


Roy


Arnette


Ginn


Rayburn


Avant


Gravel


Robinson


Badeaux


Grier


Riecke


Bel


Hardee


Segura


Bergeron


Haynes


Silverberg


Blair


Jackson, J.


Singletary


Brien


Juneau


Soniat


Brown


Kelly


StovaU


Burns


Kilpatrick


Tate


Burson


Landrum


Taylor


Cannon


Landry, A.


Tobias


Carmouche


Landry, E. J.


Toca


Casey


Lanier


Triche


Chatelain


LeBleu


Ullo


Chehardy


LeBreton


Velazquez


Conino


Leigh


Vick


Cowen


Leithman


Wall


D'Gerolamo


Lennox


Weiss


De Blieux


Lowe


Willis


Dennery


Miller


Winchester


Dennis


Mire


Wisham


Deshotels


Munson


Zervigon


Dunlap


Newton




Edwards


Planchard




Total 76.







FOR DELEGATE STAGG



Delegates






Bollinger


Guarisco


Sandoz


Conroy


Hayes


Schmitt


Come


Hernandez


Shannon


Derbes


Jack


Smith


Drew


Jackson, A.


Stagg


Duval


Kean


Stinson


Fowler


Kilbourne


Thistlethwaite


Fulco


McDaniel




Giarrusso


Roemer




Total 25.








FOR DELEGATE PERKINS


Delegates 






Anzalone


Martin


Slay


Champagne


Mauberret


Sutherland


Fayard


Nunez


Thompson


Fontenot


O'Neill


Toomy


Gauthier


Ourso


Warren


Guidry


Perkins


Womack


Jenkins


Perez




Lambert


Reeves




Total 22.


NOT VOTING




Delegates 






Mr. Chairman


Armentor


Stephenson


Abraham


Asseff


Tapper


Aertker


Colten


Vesich


Total 9.







Before the vote was announced, on the suggestion of
Delegate Stagg and Delegate Perkins, all delegates voting
otherwise changed their vote so as to vote for Delegate
Miller.

And the Chair declared Delegate Miller elected as Statu-
tory Vice Chairman (1st Vice Chairman).

The election of a Vice Chairman was taken up at this time.

Delegate Dennis placed in nomination the name of Dele-
gate Tom Casey.

Delegate Juneau seconded the nomination.

Delegate Soniat seconded the nomination.

Delegate Thompson moved that nominations be closed,
which motion was adopted.

Delegate Guidry moved that Delegates Casey be elected

by acclamation, which motion was adopted unanimously.

And the Chair declared Delegate Tom Casey elected as
a Vice-Chairman.

The election of another Vice-Chairman was taken up at
this time.

Delegate Taylor placed in nomination the name of Dele-
gate Avery C. Alexander.

Delegate Wall seconded the nomination.

Delegate Burns seconded the nomination.

Delegate Carmouche moved that the nominations be
closed, and that Delegate Alexander be elected by acclama-
tion, which motion was adopted unanimously.

And the Chair declared Delegate Avery C. Alexander
elected as a Vice Chairman.

The election of a final Vice-Chairman was taken up at
this time.

Delegate Fayard placed in nomination the name of Dele-
gate Chris J. Roy.

Delegate Kelly seconded the nomination.

Delegate Bergeron seconded the nomination.

Delegate Toca moved that the nominations be closed and
that Delegate Roy be elected by acclamation, which motion
was adopted unanimously.

And the Chair declared Delegate Chris J. Roy elected as
a Vice Chairman.



56



PAGE 4

7th Days Proceedings  January 18, 1973



The election of Secretary was taken up at this time.

Delegate Kilpatrick placed in nomination the name of
Delegate Moise W. Dennery.

Delegate Leigh seconded the nomination.

Delegate Cowen seconded the nomination.

Delegate Stinson placed in nomination the name of Dele-
gate Louis "Woody" Jenkins.

Delegate Roemer seconded the nomination.

Delegate Warren seconded the nomination.

Delegate Kean moved that the nominations be closed,
which motion was adopted.

And the roll was called with the following results:
ROLL CALL VOTE
FOR DELEGATE DENNERY



Delegates 






Alario


Gauthier


Rachal


Alexander


Giarrusso


Roy


Anzalone


Ginn


Robinson


Avant


Gravel


Riecke


Bel


Grier


Segura


Bergeron


Guidry


Silverberg


Blair


Haynes


Soniat


Brien


Jackson, A.


Stovall


Burson


Jackson, J.


Sutherland


Carmouche


Juneau


Taylor


Casey


Kilpatrick


Tobias


Chatelain


Landrum


Toca


Chehardy


Landry, A.


Toomy


Conino


LeBreton


Triche


Conroy


Leigh


Ullo


Cowen


Leithman


Velazquez


D'Gerolamo


Lennox


Vesich


Dennery


Martin


Vick


Dennis


Mauberret


Wall


Derbes


Miller


Weiss


Dunlap


Mire


Willis


Edwards


Munson


Winchester


Flory


Newton


Zervigon


Total 69.








FOR DELEGATE JENKINS


Delegates 






Aertker


Hayes


Rayburn


Arnette


Hernandez


Reeves


Badeaux


Jack


Roemer


Bollinger


Jenkins


Sandoz


Brown


Kean


Schmitt


Burns


Kelly


Shannon


Cannon


Kilbourne


Singletary


Champagne


Lambert


Slay


Corne


Landry, E. J.


Smith


De Blieux


Lanier


Stinson


Deshotels


LeBleu


Tapper


Drew


Lowe


Tate


Duval


McDaniel


Thistlethwaite


Elkins


Nunez


Thompson


Fayard


O'Neill


Warren


Fontenot


Ourso


Wisham


Fowler


Perkins


Womack


Fulco


Perez




Hardee


Planchard




Total 55.


NOT VOTING




Delegates 






Mr. Chairman


Asseff


Stagg


Abraham


Colten


Stephenson


Armentor


Guarisco

Total 8.







Delegate Jenkins, all delegates voting otherwise changed
their vote so as to vote for Delegate Dennery.

And the Chair declared Delegate Moise W. Dennery
elected as Secretary.

The election of Treasurer was taken up at this time.

Delegate O'Neill placed in nomination the name of Dele-
gate Ethan J. Chatelain.

Delegate Conroy seconded the nomination.

Delegate Gauthier seconded the nomination.

Delegate Kean placed in nomination the name of Delegate
Herman "Monday" Lowe.

Delegate Womack seconded the nomination.

Delegate Flory seconded the nomination.

Delegate Planchard moved that the nominations be closed,
which motion was adopted.

And the roll was called with the following results:

ROLL CALL VOTE



FOR DELEGATE CHATELAIN



Delegates-
Anzalone
Arnette
Bergeron
Bollinger
Burns
Burson
Champagne
Chatelain
Conroy
Corne
Cowen
Dennis
Derbes
Deshotels
Duval
Fayard
Fontenot

Total 49.



Delegates
Aertker
Alario
Alexander
Avant
Badeaux
Bel
Blair
Brien
Cannon
Carmouche
Casey
Chehardy
Conino
D'Gerolamo
De Blieux
Drew
Dunlap
Edwards
Elkins
Flory
Fowler
Fulco
Ginn
Gravel

Total 71.



Delegates-
Abraham
Armentor
Asseff
Brown

Total 12.



Gauthier


Reeves


Giarrusso


Riecke


Grier


Sandoz


Hardee


Segura


Hayes


Singletary


Jackson, J.


Slay


Juneau


Smith


Lambert


Stovall


Leigh


Sutherland


Lennox


Tate


McDaniel


Thistlethwaite


Miller


Thompson


Newton


Velazquez


O'Neill


Warren


Perkins


Willis


Planchard


Zervigon



FOR DELEGATE LOWE



Guidry


Rachal


Haynes


Rayburn


Hernandez


Robinson


Jack


Roemer


Jackson, A.


Schmitt


Jenkins


Shannon


Kean


Silverberg


Kelly


Soniat


Kilbourne


Stinson


Kilpatrick


Tapper


Landrum


Taylor


Landry, A.


Tobias


Landry, E. J.


Toca


Lanier


Toomy


LeBleu


Triche


LeBreton


Ullo


Leithman


Vesich


Lowe


Vick


Martin


Wall


Mire


Weiss


Munson


Winchester


Nunez


Wisham


Ourso


Womack


Perez




NOT VOTING




Colten


Roy


Dennery


Stagg


Guarisco


Stephenson


Mauberret





Before the vote was announced, on the suggestion of



Before the vote was announced on the suggestion of Dele-
gate Chatelain, all delegates voting otherwise changed their
votes so as to vote for Delegate Lowe.



57



PAGE 5

7th Days Proceedings  January 18, 1973

Recess

On the motion of Delegate Kean, the Convention recessed
for 30 minutes for the purpose of holding congressional
caucuses to elect members to the Committee on Committees
and the Executive Committee.

After Recess

Upon a call of the Convention the Chair announced there
was a quorum present.

And the congressional caucuses reported to the Conven-
tion the election of the following delegates to the Executive
Committee:

FIRST CONGRESSIONAL DISTRICT
Delegate Vesich
Delegate Nunez

SECOND CONGRESSIONAL DISTRICT
Delegate Alario, Jr.
Delegate Landrum, Jr.

THIRD CONGRESSIONAL DISTRICT
Delegate Segura
Delegate Chehardy

FOURTH CONGRESSIONAL DISTRICT
Delegate Drew
Delegate Fulco

FIFTH CONGRESSIONAL DISTRICT
Delegate Womack
Delegate Wall

SIXTH CONGRESSIONAL DISTRICT
Delegate Flory
Delegate Newton

SEVENTH CONGRESSIONAL DISTRICT
Delegate Cowen
Delegate Planchard

EIGHTH CONGRESSIONAL DISTRICT
Delegate Thistlethwaite
Delegate Carmouche

And the Chair declared the above delegates elected to
the Executive Committee.

The Congressional Caucuses reported to the Convention
the election of the following delegates to the Committee
on Committees:

FIRST CONGRESSIONAL DISTRICT
Delegate Riecke
Delegate Burns



SECOND CONGRESSIONAL DISTRICT
Delegate Soniat
Delegate Toomy

THIRD CONGRESSIONAL DISTRICT
Delegate Lanier
Delegate D'Gerolamo

FOURTH CONGRESSIONAL DISTRICT
Delegate Fowler
Delegate Smith

FIFTH CONGRESSIONAL DISTRICT
Delegate Kilpatrick
Delegate Thompson

SIXTH CONGRESSIONAL DISTRICT
Delegate Anzalone
Delegate Wisham

SEVENTH CONGRESSIONAL DISTRICT
Delegate Deshotels
Delegate Willis

EIGHTH CONGRESSIONAL DISTRICT
Delegate Champagne
Delegate Martin

And the Chair declared the above delegates elected to
the Committee on Committees.

Announcement of Committee Meetings

Executive Committee Tuesday, January 23, 1973 at 10:00
A.M., State Capitol.

Committee on Committees  Wednesday, January 24, 1973
at 10:00 A.M., State Capitol



Leave of Absence



Abraham  % day.



Adjournment



Delegate Womack moved that the Convention do now
adjourn until Tuesday, January 30 at 4:00 o'clock, p.m.

Which motion was agreed to.

And Chairman Henry declared the Convention adjourned
to Tuesday, January 30 at 4:00 o'clock p.m.

Prepared in accordance with the transcript
and records of the Convention. Resolutions
introduced on this day have been num-
bered by the Secretary in accordance with
the order of the Convention.

MOISE W. DENNERY
Secretary

DAVID R. POYNTER
Chief Clerk



58



OFFICIAL JOURNAL

OF THE

CONSTITUTIONAL CONVENTION
OF 1973

OF THE

STATE OF LOUISIANA



EIGHTH DATS PROCEEDINGS



of the Constitutional Convention of 1973

held in accordance with Act 2 of the 1972

Regular Session of the Legislature

Tuesday, January 30, 1973, Baton Rouge, La.

The Convention was called to order at 4:00 o'clock P.M.,
by Hon. E. L. Henry, Chairman of the Convention.

ROLL CALL

The roll being called, the following delegates answered
to their names:

PRESENT



Mr. Chairman


Fulco


Rachal


Abraham


Giarrusso


Rayburn


Aertker


Ginn


Reeves


Alexander


Gravel


Riecke


Anzalone


Grier


Robinson


Armentor


Guarisco


Roemer


Arnette


Guidry


Roy


Asseff


Hardee


Sandoz


Avant


Hayes


Schmitt


Badeaux


Haynes


Segura


Bel


Hernandez


Shannon


Bergeron


Jack


Silverberg


Blair


Jackson, A.


Singletary


Bollinger


Jackson, J.


Slay


Brien


Juneau


Smith


Burns


Kean


Soniat


Burson


Kelly


Stagg


Cannon


Kilbourne


Stephenson


Carmouche


Kilpatrick


Stinson


Casey


Lambert


Stovall


Champagne


Landrum


Sutherland


Chatelain


Landry, A.


Tapper


Chehardy


Landry, E. J.


Tate


Conino


Lanier


Taylor


Conroy


LeBleu


Thistlethwaite


Corne


LeBreton


Thompson


Cowen


Leigh


Tobias


D'Gerolamo


Leithman


Toca


Dennery


Lennox


Toomy


Dennis


Lowe


Triche


Derbes


Martin


Ullo


Deshotels


Mauberret


Velazquez


Drew


Miller


Vesich


Dunlap


Munson


Vick


Duval


Newton


Warren


Edwards


Nunez


Weiss


Elkins


O'Neill


Willis


Fayard


Ourso


Winchester


Flory


Perez


Wisham


Fontenot


Perkins


Womack


Fowler


Planchard


Zervigon


Total 123.


ABSENT




Delegates






Alario


De Blieux


MoDaniel


Brown


Gauthier


Mire


Colten


Jenkins


Wall


Total 9.







The Chairman announced that there were 123 members
present and a quorum.



Prayer

Prayer was offered by Delegate Miller.

Pledge of Allegiance

Delegate De Blieux led the Convention in reciting the
Pledge of Allegiance to the Flag of the United States of
America.

Reading of the Journal

On motion of Delegate De Blieux, the reading of the
Journal was dispensed with.

Morning Hour

Petitions, Memorials and
Communications

The following petitions, memorials and communications
were received and read:

State of Louisiana
SECRETARY OF STATE

January 5, 1973

Honorable Joe W. Sanders

Associate Justice, Supreme Court of Louisiana

Acting Chairman

Louisiana Constitutional Convention

Baton Rouge, Louisiana

Dear Judge Sanders:

Pursuant to the direction of the Louisiana Legislature
contained in House Concurrent Resolution No. 280 of the
1972 Regular Session, I am transmitting said Resolution to
be inscribed on the permanent records of the Constitutional
Convention.

With best wishes for a very successful convention, I am



Sincerely,

WADE O. MARTIN, JR.

Secretary of State



WOMjr/lsg
Enclosure



HOUSE CONCURRENT RESOLUTION No. 280

By Mr. Long (on behalf of the House Education Commit-
tee):

A CONCURRENT RESOLUTION

To express to the constitutional convention the desire of the
Legislature the the convention will provide, in the pro-
prosed constitution which it adopts and sends to the people
for ratification, that the terms of office of the members
of the state board of education shall be staggered four-
year terms.

WHEREAS, the state board of education is the governing
board for the educational system of the state of Louisiana,
a department of government upon which each of the young
people of this state are in a real sense dependent for the
opportunities which their lives will afford; and

WHEREAS, it is important that this board be closely tied
to the people of the state and that it be directly responsible
and answerable to the people at such times and with such
frequency that the actions of the members of said board may
be supported with a vote of confidence or repudiated by a
negative vote; and

WHEREAS, the present terms of the members are of such
length as to make it difficult, if not impossible, for the
electorate to express their opinion of the actions of board
members at the polls, since the time which elapses between
actions taken in the earlier portions of a member's term
are forgotten or contradicted by later action; and

WHEREAS, a term of four years for each member, with
vacancies occurring at such times as to assure that experi-
enced members will be included on the board at all times,
would permit the electorate to speak in a more meaningful
fashion on the actions of a member of the board by return-
ing him to office on the basis of his actions or defeating
him at the polls on the same basis if the voters find this
warranted.

THEREFORE, BE IT RESOLVED by the House of Rep-
resentatives of the Louisiana Legislature, the Senate thereof



59



PAGE 2

8th Days Proceedings  January 30, 1973



concurring herein, that the Legislature of the state of Lou-
isiana does hereby state its desire that the constitutional
convention, to be convened in January of 1973, will provide
in the constitution which it adopts and sends to the people
for ratification, that the terms of the members of the state
board of education shall be four year terms and that
vacancies in the membership of such board shall occur each
year, thus assuring that experienced members will always
be included on the board.

BE IT FURTHER RESOLVED that a copy of this resolu-
tion shall be transmitted to the Secretary of State and by
him transmitted to the constitutional convention on its first
day of meeting with the intention that the receipt of and
the contents of this resolution shall be inscribed on the
permanent records of the constitutional convention.

JOINT LEGISLATIVE COMMITTEE

ON THE

REORGANIZATION OF LEVEE DISTRICTS

(Created by Act No. 387 of the 1972 Regular Session)

Report to the

Constitutional Convention

called by Act No. 2 of the 1972 Regular Session

January 5, 1973

To: The Honorable Chairman and Members of the Con-
stitutional Convention called by Act No. 2 of the 1972
Regular Session

Gentlemen and Ladies:

Act No. 387 of the 1972 Regular Session created the Joint
Legislative Committee on the Reorganization of Levee Dis-
tricts, to study and make recommendations to this Con-
stitutional Convention relative to the manner and procedure
by which the levee districts and levee and drainage districts
and the board of commissioners thereof may be reorganized
and operated.

Following extensive research and study, the committee
reports and recommends as follows:

1. This is an interim report, to be followed by a more de-
tailed report which will be submitted to the Constitutional
Convention at a later date.

2. The committee recommends that no levee district be
accorded Constitutional status, such as is presently granted
to the Orleans and Pontchartrain levee districts. In this con-
nection, the committee recognizes that the Constitution now
provides protection to the bondholders of those outstanding
bonds which have been issued by these two districts, and
it is necessary that continued protection be granted to all
such bondholders. On the other hand, the committee is of
the opinion that the full faith and credit of the state could
be placed behind the bonds by simple legislative Act, rather
than by placing a provision in the new Constitution.

3. The committee is continuing its study as to the legis-
lative changes which should be made and its report on same
will be issued at a later date. The committee urges the Con-
vention also to study this area. The extensive files of the
committee are located in the offices of the Legislative Coun-
cil, and will be made available to the Convention upon
request at any time.

Respectfully submitted,

JOINT LEGISLATIVE COMMITTEE ON

REORGANIATION OF LEVEE DISTRICTS

F. E. "HANK" LAURICELLA
Senator F. E. Lauricella, Chairman

Introduction of Resolutions

Delegate and Committee

Resolution

The following delegates and Chairmen on behalf of their
committees introduced the following entitled resolutions:

DELEGATE RESOLUTION No. 17

Introduced by Delegates Abraham, Brien, Champagne,
Chatelain, Conroy, Derbes, J. Jackson, Juneau, Landrum,



Lanier, Miller, Newton, O'Neill, Reeves, Taylor, Tobias,
Triche, Weiss and Zervigon:

A RESOLUTION

WHEREAS, it is the desire of all delegates to the Con-
stitutional Convention of 1973 that all Citizens of the State
of Louisiana participate in the drafting of a new Constitu-
tion for the State of Louisiana; and

WHEREAS, the paiticipation and support of all Citizens
of the State of Louisiana is necessary and desirable in all
stages of the drafting and ratification of a new Constitution
for the State of Louisiana.

NOW, THEREFORE BE IT RESOLVED that the delegates
of the Constitutional Convention of 1973, individually and
jointly, request that each Citizen of the State of Louisiana
communicate with any or all delegates to the Constitu-
tional Convention of 1973 advising what he, she or they think
a new Constitution for the State of Louisiana should provide.

BE IT FURTHER RESOLVED that each Citizen of the
State of Louisiana is extended an invitation by the delegates
of the Constitutional Convention of 1973 to testify, either in
writing or orally, before any appropriate Committee of the
Constitutional Convention of 1973 regarding what he, she
or they think a new Constitution for the State of Louisiana
should provide.

Read.

On motion of Delegate Tobias the rules were suspended
for the purpose of considering the adoption of the Resolu-
tion at this time.

On motion of Delegate Tobias the resolution was adopted.

Delegate Tobias moved to reconsider the vote by which
the above resolution was adopted and on his own motion that
motion was laid on the table.

DELEGATE RESOLUTION No. 18
 

Introduced by Delegate Dennis:

A RESOLUTION
To create and establish a composite committe to hold public

hearings with respect to matters with which the Lou-
isiana Constitutional Convention of 1973 is concerned.

WHEREAS, a state constitution as any constitution repre-
sents the most basic legal foundation of a people out of which
all order and harmony originates; and

WHEREAS, a constitution, being a document of the people,
must as closely as possible reflect the thoughts and ideas of
its people if it is to be flexible and viable; and

WHEREAS, in order to ensure that the work of this
Convention be a document of and for all the citizens of
this state an appropriate number of public hearings should
be held at which public views on particular vital issues
might be dele: mined; and

WHEREAS, such public hearings would provide a forum
through which the sagest decisions on constitutional matters
might be arrived at by the delegates to the Convention; and

WHEREAS, public hearings would also provide the public
with a closer view of the progress of the Convention and a
more intimate contact with the making of decisions by the
delegates.

THEREFORE, BE IT RESOLVED that this Constitutional
Convention does hereby authorize its Executive Committee to
appoint one member from each of the substantive and pro-
cedural committees of this Convention to serve as a com-
posite committee which shall hold public hearings on matters
with which the convention is concerned.

BE IT FURTHER RESOLVED that the Executive Com-
mittee shall determine the time, place and dates for meet-
ings of the composite committee herein authorized.

Read.

Lies over under the rules.

Reports of Committees

The following reports of committees were received and
read.

Delegate Henry, chairman, on behalf of the Committee on

Committees, submitted the following report:

Constitutional Convention

State Capitol

State of Louisiana

January 30, 1972, Baton Rouge, La.

Delegates to the Convention:



To the Chairman and



60



PAGE 3

8th Days Proceedings  January 30, 1973



I am directed by your Committee on Committees to submit
the following report:

In accordance with Rule No. 51 of the Rules of Procedure
of the Constitutional Convention of 1973 the following dele-
gates have been appointed to the following committees:

COMMITTEE ON NATURAL RESOURCES AND
ENVIRONMENT

1. Bollinger

2. Derbes

3. Elkins

4. Guidry

5. Hardee

6. Jack

7. LeBleu

8. Leigh

9. Lambert

10. Miller

11. Munson

12. Perkins

13. Singletary

14. Thompson

15. Velazquez

16. Warren

17. Womack

COMMITTEE ON EDUCATION AND WELFARE

1. Armentor

2. Aertker

3. Carmouche

4. Corne

5. Cowen

6. Flory

7. Grier

8. Haynes

9. Hernandez

10. E. J. Landry

11. Leithman

12. Lennox

13. Rachal

14. Riecke

15. Robinson

16. Segura

17. Silverberg

18. Sutherland

19. Thistlethwaite

20. Toca

21. Wisham

COMMITTEE ON REVENUE, FINANCE AND TAXATION

1. Alario

2. Badeaux

3. Brown

4. Champagne

5. Chehardy

6. Conroy

7. DeBlieux

8. Edwards

9. Fontenot

10. Lowe

11. McDaniel

12. Mauberret

13. Mire

14. Newton

15. Nunez

16. Planchard

17. Rayburn

18. Roemer

19. Schmitt

20. Slay

21. Smith

22. Triche

23. Winchester



COMMITTEE ON LOCAL AND
PAROCHIAL GOVERNMENT



1. Burson

2. Cannon

3. Chatelain

4. Colton

5. Conino

6. D'Gerolamo

7. Fowler

8. Giarrusso

9. Hayes

10. J. Jackson

11. Lanier

12. Kean

13. Perez

14. Reeves

15. Shannon

16. Stephenson

17. Taylor

18. Toomy

19. Ullo

20. Zervigon

COMMITTEE ON JUDICIARY

1. Avant

2. Bel

3. Bergeron

4. Burns

5. Dennis

6. Deshotels

7. Drew

8. Gauthier

9. Kelly

10. Kilbourne

11. A. Landry

12. Martin

13. Ourso

14. Sandoz

15. Tate

16. Tobias

17. Vesich

18. Willis

COMMITTEE ON LEGISLATIVE POWERS AND
FUNCTIONS

1. Asseff

2. Blair

3. Casey

4. Fayard

5. Fulco

6. Ginn

7. Juneau

8. Landrum

9. LeBreton

10. Kilpatrick

11. O'Neill

COMMITTEE ON EXECUTIVE DEPARTMENT

1. Abraham

2. Alexander

3. Anzalone

4. Arnette

5. Brien

6. Dennery

7. Duval

8. Gravel

9. Stagg

10. Stovall

11. Tapper

COMMITTEE ON BILL OF RIGHTS AND
ELECTIONS

1. Dunlap

2. Guarisco

3. Jenkins

4. A. Jackson

5. Roy

6. Soniat

7. Stinson

8. Vick

9. Wall
10. Weiss



61



PAGE 4

8th Days Proceedings  January 30, 1973



Having completed its work, the committee was dissolved.

Respectfully submitted,

E. L. HENRY,
Chairman.

Delegate Henry, chairman, on behalf of the Executive Com-
mittee, submitted the following report:

Constitutional Convention

State Capitol

Slate of Louisiana

January 30, 1973, Baton Rouge, La.

To the Chairman and Delegates to the Convention:

I am directed by your Executive Committee to submit the
following report:

DELEGATE RESOLUTION No. 9

Introduced by Delegate Jenkins:

A RESOLUTION
To provide with respect to the purchase of printing, ma-
terials, supplies, equipment and services, except employ-
ment, and to provide further thereto.

Reported without action.

Respectfully submitted,

E. L. HENRY,
Chairman.

On motion of Delegate Jenkins the Rules were suspended
in order to take up the Resolution contained in the report
at this time.

On motion of Delegate Jenkins the above resolution was
withdrawn from the files of the Convention.

The Convention then stood at ease to allow the procedural
committees to elect officers.

The committes notified the Convention that the following
officers had been elected.

PUBLIC INFORMATION

Delegate Juneau  Chairman
Delegate Fontenot  Vice Chairman
Delegate Silverberg  Vice Chairman
Delegate Dunlap  Secretary

STLYE & DRAFTING

Delegate Tate  Chairman
Delegate Tobias  Vice Chairman
Delegate Asseff  Secretary

RULES, CREDENTIALS AND ETHICS

Delegate Stovall  Chairman
Delegate Arnette  Vice Chairman
Delegate Corne  Secretary

LEGISLATIVE LIAISON AND
TRANSITIONAL MEASURES

Delegate LeBreton  Chairman
Delegate Zervigon  Vice Chairman

Motion

On motion of Delegate Dennery, the Convention altered the
Order of Business to take up Introduction of Resolutions
at this time.

Introduction of Resolutions

Delegate and Committee

Resolution

The following delegates and Chairmen on behalf of their
committees introduced the following entitled resolutions:



DELEGATE RESOLUTION No. 19

Introduced by Mr. Dennery:

A RESOLUTION
To authorize the Executive Committee of the Louisiana Con-
stitutional Convention to utilize the Division of Adminis-
tration in purchasing and procuring supplies, equipment
and printing for the convention and to provide that the
provisions of law relative to the letting of public con-
tracts shall be applicable to the purchase or procure-
ment of supplies, equipment or printing by the convention.
BE IT RESOLVED by the Louisiana Constitutional Con-
vention of 1973 that the Executive Committee of the Con-
stitutional Convention is hereby authorized to utilize the
personnel and the bidding, purchasing and procurement pro-
cedures and services of the Division of Administration in
the purchase or procurement of supplies, equipment and
printing for the Constitutional Convention.

BE IT FURTHER RESOLVED that the provisions of Part
II of Chapter 10 of Title 38 of the Louisiana Revised Statutes
of 1950. relative to the letting of public contracts, shall be
applicable to the purchase or procurement of supplies, equip-
ment or printing by the Louisiana Constitutional Conven-
tion and that the Executive Committee of the convention
shall, and is hereby directed to, comply with such provi-
sions of law in making such purchases or procuring such
items for the convention.

Read.

On motion of Delegate Dennery, the Rules were suspended
for the purpose of considering the adoption of the Resolu-
tion at this time.

Delegate Dennery moved the adoption of the Resolution.

Delegate Triche moved, as a substitute, that the Resolu-
tion be referred to the Executive Committee.

Delegate Dennery objected.

By a vote of 41 yeas and 67 nays, the Convention refused
to refer the Resolution to the Executive Committee.

The vote then recurred on Delegate Dennery's motion for
the adoption of the Resolution.

And the Resolution was adopted, viva voce.

Announcements

Delegate Lowe, the Convention Treasurer, then presented
the following financial report:

CONSTITUTIONAL CONVENTION, 1973
FINANCIAL FIGURES

(TO BE USED ONLY AS A POINT OF

DEPARTURE FOR ESTABLISHING A FINAL

DRAFT OF A BUDGET)

CONSTITUTIONAL CONVENTION, 1973

Summary of Attendance at Meetings
January 5, 1973 through January 29, 1973



Number of Delegates



Date

1973 Meeting

1/5 Convention

1/6 Temporary Rules Committee

1/7 Temporary Rules Committee

1/8 Temporary Rules Committee

1/12 Convention

1/13 Convention

1/16 Convention

1/17 Convention

1/18 Convention

1/19 Convention

1/23 Executive Committee

1/24 Executive Committee

1/24 Committee on Committees

1/25 Executive Committee

1/25 Committee on Committees

1/29 Executive Board Sub
Committees

TOTALS





Pres-


Ab-


%


Total


ent


sent Present


132


132





100.00%


17


17





100.00


17


17





100.00


17


17





100.00


132


129


3


97.73


132


130


2


98.49


132


128


4


96.97


132


130


2


98.49


132


130


2


98.49


132


131


1


99.24


23


23





100.00


23


22


1


95.65


17


17





100.00


23


20


3


86.96


17


17





100.00


7


7





100.00


1,085


1,067


18


98.34%



62



PAGE 5

8th Days Proceedings  January 30, 1973

Number of meetings attended by Chairman Henry
for which no per diem was charged _12^

Total attendance subject to per diem for delegates 1,055

Per diem rate per day for no more than one meeting



per day

Total delegate per diem

January 5, 1973 through January 29, 1973



$50.00



$52,750.00



Number of meetings January 5, 1973 through January 29, 1973



Meeting

Convention

Temporary Rules Committee

Executive Committee

Executive Committee  Sub Committees

Committee on Committees



TOTAL



7
3
3

1
2

16



CONSTITUTIONAL CONVENTION, 1973

Estimated Expenses To Date
Through January 29, 1973



Estimated Expenses

White House Inn
Room Rent  5 days

Bellemont Motor Hotel
Room Rent  1 day
Coffee

Copy machine paper & toner  A. B. Dick
Stationery  Latil Stationery Co., Inc

Secretary of State
Projets of Constitution to Delegates

Gulf South Research Institute

Convention Meetings  Per Diem  Note  A
903 delegates in attendance at 7 meetings

Committee Meetings  Per Diem  Note  A
Temporary Rules Committee (51)
Executive Committee (69)
Committee on Committees (32)



$1,120
695


$ 1,815


$ 80
102


182




157




96




279




19,568



$2,550
3,450
1,600



45,150



7,600



Louisiana State University
Reimbursement for out of pocket costs for
setting up and cleaning Assembly Center,
January 5, 1973

Printing  State of La.  Division of Administration
TOTAL



671



Substantive Committee

16 members @ $50 ea.

1 Assistant Sergeant at Arms
1 Page

Contingencies
Total  1 meeting

Procedural Committee

16 members @ $50 ea.

1 Assistant Sergeant at Arms
1 Page

Contingencies
Total  1 meeting

Convention

132 Delegates @ $50 ea.

1 Sergeant at Arms @ $50

5 Assistant Sergeant at Arms @

$30 ea.
3 Pages @ $15 ea.
Rental of Meeting Room
Coffee

Copy Machine
Contingencies
Total  1 meeting

Committee on Committees

16 members @ $50 ea.

1 Assistant Sergeant at Arms

1 Page

Contingencies

Total  1 meeting

CONSTITUTIONAL CONVENTION, 1973

Projected Estimated Expenses by Months

January 5, 1973 through December 31, 1973

To be used only as a point of departure for establishing

a final draft of a budget

Estimated Expenses



$75,521



Note  A  Does not include any costs to cover assistant clerks.
Sergeant at Aims and Assistants, Pages and Contingencies.

CONSTITUTIONAL CONVENTION, 1973

Projected Estimated Costs  Convention and Committee

Meetings (excluding travel allowance and providing for

100% attendance)

(To be used only as a point of departure for establishing
a final draft of a budget)

Projected Estimated Cost

Total Delegates Other



Executive Committee

23 members (Si $50 ea.

1 Assistant Sergeant at Arms
1 Page

Contingencies
Total  1 meeting


$1150

30

15

100

$1295


$1150
$1150


$
30
15
100

$ 145



$800


$ 800


$


30




30


15




15


100




100


$ 945


$ 800
$ 800


$ 145


$ 800


$


30




30


15




15


100




100


$ 945


$ 800


$ 145


$6600


$6600


$


50




50


150




150


120




120


200




200


75




75


50




50


1000




1000


$8245


$6600


$1645


$ 800


$ 800


$


30




30


15




15


100




100


$945


$ 800


$ 145



Salaries






Chairman Henry






Chief Clerk Poynter






Assistant Clerks


12,000




Research Director


22,000




Assistant Research Directors






14 @ $1,000 a month each


154,000




Clerical






20 @ $500 month each


110,000




Accountant


11,000




Contingencies


22,000




Attorney-Specialist in Federal






Constitution


24,000




Total Salaries




$355,000


Staff Retirement and/or Social Security




35,500


Staff Travel Allowance




11,000


Meetings






Executive Committee @ $1,295 each


67,340




Substantive Committees @ $945 each


370,440




Procedural Committees @ $945 each


257,040




Convention @ $8,245 each


659,600




Interim Committees @ $945 each


45,360




Total Meetings




$1,399,780


Delegates travel Allowance 132 @ $100




158,400


Delegates Retirement and/or Social Security 6


83,960


Public Information




40,000


Committee T.V. Rental




10,000


Office Equipment Rental




22,500


Stationery, printing, & office supplies




22,500


Daily journal




95,000


Electronic voting system






Contingencies




25,000


Total Estimated Expenses




$2,293,640


Total Expenses Year to Date






Estimated Number of Committee Meetings






Executive Committee




52


Substantive Committees




392


Procedural Committees




272


Convention




80


Interim Committees

 
Comment: This provision considers that basic political
rights include not only the right to vote but also the
right to participate personally and directly in govern-
ment by observing public bodies and examining public
documents.

Section 12. Oath of Office

All officers before entering upon the duties of their re-
spective offices shall take the following oath or affirma-
tion: "I, (A B), do solemnly swear (or affirm) that I
will support the constitution and laws of the United States
and the constitution and laws of this state and that I
will faithfully and impartially discharge and perform all

the duties incumbent upon me as according to

the best of my ability and understanding, so help me God."
Source: La. Const. Art. XIX, 51 (1921).

Comment: The section is virtually identical to the 1921
provision except that the words "except as otherwise
provided in the Constitution", have been deleted as un-
necessary since there have been no exceptions to the
oath of office.
Section 13. State Capital

The capital of Louisiana is the city of Baton Rouge.
Source: New; see however, La. Const. Art. XIX, 52, (1921).
Comment: This complies with Act 2 of the 1972 Regular
Session.
 

COMMITTEE REPORT WITH RESPECT TO COMMITTEE
PROPOSAL No. 2

A PREAMBLE
We, the people of Louisiana, grateful to Almighty God for
the civil, political, economic, and religious liberties we
enjoy, and desiring to protect individual rights to life,
liberty, and property; afford opportunity for the fullest
development of the individual; assure equality of rights;
provide for the health, safety, education, and welfare of the
I people; maintain a representative and orderly government;
ensure domestic tranquility; provide for the common de-
fense; and secure the blessings of freedom and justice to
ourselves and our posterity, do ordain and establish this
constitution.
Source: La. Const. Preamble (1921) and 111. Const. Preamble

(1970).
Comment: The 1921 preamble stressed liberty; the proposed
preamble stresses both individual rights and the general
interest of the people in establishing the constitution. The
preamble is not a legally binding part of the constitution;
it is not a source of power for any department of the
government. Instead, the preamble indicates the general
purposes for which the people ordain and establish a con-
stitution, Jacobson v. Massachusetts, 197 US 11, 22 (1904).
ARTICLE I. DECLARATION OF RIGHTS
Section 1. Origin and Purpose of Government
Section 1. All government, of right, originates with the
people, is founded on their will alone, and is instituted to
protect the rights of the individual and for the good of the
whole. Its only legitimate ends are to secure justice for all,
preserve peace, and promote and protect the rights, happi-
ness, and general welfare of the people. The rights enumer-
ated in this article are inalienable and shall be preserved
inviolate.

Source: La. Const. Art. I, 51 (1921).

Comment: The 1921 provision has been changed to emphasize
that the purpose of government is to protect both indi-
vidual rights and the general welfare of the people and
that rights are inalienable.
Section 2. Due Process of Law

Section 2. No person shall be deprived of life, liberty,
property, or other rights without substantive and procedural
due process of law.
Source: La. Const. Art. I, 52 (1921).

Comment: The 1921 provision was changed to emphasize that
due process is a protection for all rights and substantive



85



PAGE 3

llth Days Proceedings July 6, 1973



due process is protected as well as fair procedures. The
1921 provisions on expropriation are expanded in a sepa-
rate section on the Right to Property.
Section 3. Right to Individual Dignity-
Section 3. No person shall be denied the equal protection
of the laws nor shall any law discriminate against a person in
the exercise of his rights on account of birth, race, sex,
social origin or condition, or political or religious ideas. Slav-
ery and involuntary servitude are prohibited, except in the
latter case as a punishment for crime.
Source: New; see, however, Mont. Const. Art. II, 14, (1972)

and U. S. Const. Amend. 13.
Comment: The purpose of this section is to prohibit direct
state action which unreasonably discriminates against any
person because of birth, race, sex, social origin or condi-
tion, or political or religious beliefs. It does not interfere
with the right to discriminate in private affairs, nor is it
intended to prohibit harmless state action. Rather, this
provision is intended both to prohibit forced segregation
and to outlaw new forms of "reverse discrimination" such
as the imposition of quotas. Its only purpose is to insure
that the State of Louisiana will treat each person within
its jurisdiction as an individual who will be judged solely
according to his own merit and worth.
Section 4. Right to Property

Section 4. Every person has the right to acquire by volun-
tary means, to own, to control, to enjoy, to protect, and to
dispose of private property. This right is subject to the rea-
sonable exercise of the police power and to the law of forced
heirship. Property shall not be taken or damaged except for
a public and necessary purpose and with just compensation
previously paid to the owner or into court for his benefit.
The owner shall be compensated to the full extent of his
loss and has the right to a trial by jury to determine such
compensation. No business enterprise or any of its assets shall
be taken for the purpose of operating that enterprise or for
the purpose of halting competition with government enter-
prises, nor shall the intangible assets of any business enter-
prise be taken. Unattached movable property shall not be
expropriated except when necessary in emergencies to save
lives or property, and personal effects, other than contra-
band, shall never be taken. The issue of whether the con-
templated purpose be public and necessary shall be a judicial
question, and determined as such without regard to any legis-
lative assertion.

Source: New; see, however, La. Const. Art. I, §2; Art. II, §37;
Art. IV, §§19, 19.1 (1921); Ariz. Const. Art. I, §1 (1912);
Calif. Const. Art. I, §§1, 14 (1876); Colo. Const. Art. II, §2
(1876) : 111. Const. Art. I, §15 (1970); Mont. Const. Art. I,
§29 (1972); Nev. Const. Art. I, §1 (1864); N. Dak. Const.
Art. I, §§1, 14 (1889); Amer. Conv. on Human Rights Art.
XXI, §1 (1969).
Comment: The first sentence of the section contains language
paralleling that used by the U. S. Supreme Court in Lynch
v. Household Insurance Corp., 92 S. Ct. 1113, 1118 (1972) in
upholding a right to property by virtue of the due process
clause of the Fourteenth Amendment to the U. S. Consti-
tution. Similar provisions are contained in the California,
Colorado, and Nevada Constitutions and the American
Convention on Human Rights. See source above. The right
to property is to be limited in this section, however, by the
laws of forced heirship. The term "full extent of the loss"
(See Mont. Const, cited above) is intended to permit the
owner whose property has been taken to remain in equi-
valent financial circumstances after the taking. It is in-
tended that a business shall not be taken over for the
purpose of operating it, although presumably a business
could be terminated in an orderly manner. Personal ef-
fects are intended to include money, stocks, bonds, objects
of art, books, papers, essential tools of trade, and clothing.
Contraband, however is an exception to the prohibition
against taking personal effects. The reservation of trial
by jury is not intended to interfere with a "quick-taking"
statute since compensation could initially be paid into
court. The term "taking" is to apply to both "expropria-
tion" and "appropriation" so that "appropriation" would
no longer have a special status in Louisiana law. Finally
determination of the purpose for the taking would be a
judicial question without regard to legislative assertions,



just as it is in the Arizona and Colorado Constitutions
cited above.
Section 5. Right to Privacy

Section 5. Every person shall be secure in his person,
property, communications, houses, papers, and effects against
unreasonable searches, seizures, or invasions of privacy. No
warrant shall issue without probable cause, supported by oath
or affirmation particularly describing the place to be searched,
the persons or things to be seized, and the lawful purpose or
reason for the search. Any person adversely affected by a
search or seizure conducted in violation of this section shall
have standing to raise the illegality of that search or seizure
in the appropriate court of law.

Source: New; see, however, La. Const. Art. I, §7 (1921).
Comment: The 1921 provisions have been changed to stress
that communications and property are included in the
right to privacy. A search warrant is to include the lawful
purpose or reason for the search. In addition, persons pro-
tected against illegal searches and seizures include not
only the person whose house or property has been illegally
searched but also any other person adversely affected by
the illegal search.

Section 6. Freedom from Intrusion

Section 6. No person shall be quartered in any house with-
out the consent of the owner or lawful occupant.
Source: La. Const. Art. XIX. §7 (1921).

Comment: The 1921 provision is broadened to include any
"person" in lieu of "soldier, sailor, or marine", to include
"owner or lawful occupant" in lieu of "owner", and to
eliminate the exception during time of war.
Section 7. Freedom from Discrimination
Section 7. All persons shall be free from discrimination on
the basis of race, color, creed, national ancestry, and sex in
access to public accommodations or in the sale or rental of
property by persons or agents who derive a substantial in-
come from such business activity. Nothing herein shall be
construed to impair freedom of association.
Source: New; see, however. 111. Const. Art. I, §17 (1970).
Comment: This section asserts the right to be free from pri-
vate discrimination in certain activities. Federal law
presently prohibits discrimination in public accommoda-
tions (42 U.S.L. §2000) and in the sale or rental of hous-
ing (42 U.S.C. §3604) except in the case of a single-famly
house sold without advertising and in the case of rooms
or apartments in an owner's own home (42 U.S.C. §3603).
The prohibitions intended to those "who derive a sub-
stantial income from such business activity" as opposed
to an individual homeowner selling or renting his own
home.

Sectio 8. Trial by Jury in Civil Cases

Section 8. In all civil cases, except summary, domestic,
and adoption cases, the right to trial by jury shall not be
abridged. No fact determined by a judge or jury shall be re-
examined on appeal. Determination of facts by an adminis-
trative body shall be subject to review.
Source: New; see, however, U. S. Const. Amend. 7, La. Const.

Art. VII, §29 (1921).
Comment: This section abandons the practice of appellate
court review of the facts determined by the judge or jury
in the lower court. It enlarges the right to trial by jury
in civil cases. La. Const. Art. VII, §29 (1921).
Section 9. Freedom of Expression

Section 9. No law shall abridge the freedom of every per-
son to speak, write, publish, photograph, illustrate, or broad-
cast on any subject or to gather, receive, or transmit knowl-
edge or information, but each person shall be responsible
for the abuse of that liberty; nor shall such activities ever be
subject to censorship, licensure, registration, control, or spe-
cial taxation.

Source: New; see, however, U. S. Const. Amend. 1.
Comment: The section is intended to be a strong assertion of
the right to free speech. Under the section, suits for libel
and slander would still be permitted, however, and truth
would be a defense in such suits.
Section 10. Freedom of Religion

Section 10. No law shall be enacted respecting an estab-
lishment of religion or prohibiting the free exercise thereof.
Source: La. Const. Art. I, §4 (1921).

Comment: Modernization of language. No substantive change.
Section 11. Freedom of Assembly and Movement
Section 11. No law shall impair the right of every person
to assemble peaceably, to petition government for a redress
of grievances, to travel freely within the state, and to enter
and leave the state. Nothing herein shall prohibit quarantines.



86



PAGE 4

llth Days Proceedings July 6, 1973



or restrict the authority of the state to supervise persons sub-
ject to parole or probation.

Source: New; see, however, La. Const. Art. I, §5 (1921).
Comment: The section is intended to strengthen the tradi-
tional freedom of assembly provision and to add a pro-
vision recognizing freedom of movement. The latter pro-
vision would not affect restrictions on the freedom of
movement of convicted persons on parole. Under the sec-
tion on Right to Humane Treatment, the rights of persons
convicted are not fully restored until the termination of
state or federal supervision for any offense and this sec-
tion is not inconsistent with that provision. The section
also does not restrict movement of persons under quaran-
tine for medical reasons or in other emergency situations.
Section 12. Rights of the Accused

Section 12. When a person has been detained, he shall
immediately be advised of his legal rights and the reason
for his detention. In all criminal prosecutions, the accused
shall be precisely informed of the nature and cause of the
accusation against him. At all stages of the proceedings,
every person shall be entitled to assistance of counsel of his
choice, or appointed by the court in indigent cases if charged
with a serious offense.
Source: New; see, however, La. Const. Art. I, §§9, 10, 11, 12;

Art. VII, §541, 42 (1921).
Comment: This section and the six sections that follow are a
rearrangement of the provisions on criminal procedure
rights contained in the 1921 Constitution. The provisions
are arranged in the chronological order which the rights
are exercised.

The accused is entitled to be informed of his relevant
legal rights and the reason for his detention as soon as
he is detained. In being informed of accusations against
him, he is to be precisely informed. Also, he is entitled
to the early assistance of counsel in indigent cases.
Section 13. Initiation of Prosecution

Section 13. Prosecution of felonies shall be initiated by
indictment or information, provided that no person shall be
held to answer for a capital crime or a felony necessarily
punishable by hard labor, except on indictment by a grand
jury. No person shall be twice placed in jeopardy for the
same offense, except on his own application for a new trial
or where there is a mistrial or a motion in arrest of judg-
ment is sustained.
Source: New; see, however, La. Const. Art. I, §9; Art. VII,

§41 (1921); U. S. Const. Amend. 5.
Comment: The section requires grand jury indictments for
felonies necessarily punishable by hard labor as well as
capital crimes.
Section 14. Grand Jury Proceedings

Section 14. At all stages of the grand jury proceedings,
after arrest, the accused shall have the right to the advice
of counsel while testifying, to compulsory process for pre-
senting witnesses to the grand jury for interrogation, and to
any transcribed testimony of any witnesses appearing before
the grand jury in his case.
Source: New; see, however, La. Const. Art. I, §9 (1921); U. S.

Const. Amend. 6.
Comment: No change with respect to the secrecy of the grand
jury is anticipated. The "accused" is a person who has
been arrested or otherwise booked with an offense requir-
ing an indictment and who is permitted to appear before
the grand jury. In such cases he shall have the right to
the advice of counsel while testifying. The attorney's role
may be strictly limited to "advising" his client. The ac-
cused also has the right to present witnesses to the grand
jury on his own behalf but the grand jury is under no
obligation to interrogate them. Finally, if testimony in the
grand jury room is transcribed, the accused is entitled to
a transcript of such testimony of witnesses appearing in
his case.

Section 15. Fair Trial

Section 15. Every person charged with a crime shall be
presumed innocent until proven guilty, and shall be entitled
to a speedy, public, and impartial trial in the parish where
the offense or an element of the offense occurred, unless
venue be changed in accordance with law. No person shall
be compelled to give evidence against himself. An accused
shall be entitled to confront and cross-examine the witnesses



against him, to compel the attendance of witnesses, to pre-
sent a defense, and to take the stand in his own behalf.
Source: New; see, however, La. Const. Art. I, §§9, 11 (1921).
Comment: The 1921 provisions provide explicitly for excep-
tions with respect to self-incrimination and do not state
that a person may take the stand in his own behalf.
Section 16. Trial by Jury in Criminal Cases
Section 16. Any person charged with an offense or set of
offenses punishable by imprisonment of more than six months
may demand a trial by jury. In cases involving a crime
necessarily punishable by hard labor, the jury shall consist
of twelve persons, all of whom must concur to render a ver-
dict in capital cases or cases in which no parole or proba-
tion is permitted, and ten of whom must agree in others.
In cases not necessarily punishable by hard labor, the jury
may consist of a smaller number of persons, all of whom
must concur to render a verdict. The accused shall have the
right to voir dire and to challenge jurors peremptorily.
Source: New; see, however, La. Const. Art. I, § 9; Art. VII,
§41 (1921).

Comment: This section strengthens the right to trial by jury
by incorporating the rule in Duncan v. Louisiana, 891 US
145 (1968> which recognizes the right to a trial by jury in
cases in which the potential punishment is imprisonment
for six months or more. The provision would also include
the right to a jury trial when a set of offenses could result
in imprisonment for six months or more. The latter may
be beyond the federal requirement. The requirement for
a unanimous jury verdict in cases in which no parole is
permitted is a change from the 1921 provision and the
number needed to convict in lesser cases is raised from
nine to 10. The right to voir dire or to challenge witnesses
for cause, is expressly stated in this section for the first
time.

Section 17. Right to Bail

Section 17. Excessive bail shall not be required. Before
and during trial, a person shall be bailable by sufficient
sureties, unless charged with a capital offense and the proof
is evident and the presumption great. After conviction and
before sentencing, a person shall be bailable if the maximum
sentence which may be imposed is less than five years and,
the judge may grant bail if the maximum sentence which
may be imposed is greater. After sentencing and until final
judgment, persons shall be bailable if the sentence actually
imposed is less than five years, and the judge may grant
bail if the sentence actually imposed is greater.
Source: New; see, however, La. Const. Art. I, §12 (1921).
Comment: This section represents a departure from the 1921
Constitution in permitting bail at the discretion of the
judge in certain situations where it was not permitted
before. It permits bail after conviction and before sen-
tencing as well as after sentencing and before final
judgment.
Section 18. Right to Humane Treatment
Section. No person shall be subjected to torture or to
cruel, unusual, or excessive punishments or treatments, and
full rights shall be restored by termination of state or
federal supervision for any offense.

Source: New; see, however, La. Const. Art. I, §12 (1921).
Comment: The 1921 provision is revised to include "exces-
sive" as well as "cruel and unusual" punishments, and
"treatments" are included as well as "punishments". The
provision on restoration of full rights is intended to mean
convicted person automatically recovers all rights recog-
nized in this "Declaration of Rights" at the point at which
supervision ceases. It does not erase his past record; for
example, a multiple offender could still receive a harsher
penalty than a first offender.
Section 19. Right to Vote

Section 19. No person eighteen years of age or older who
is a resident or domiciliary of the state shall be denied the
right to register and to vote, except that this right may be
suspended while a person is judicially committed and insti-
tutionalized, or under an order of imprisonment for convic-
tion of a felony.
Source: New: see, however, 111. Const. Art. Ill, §§1, 2 (1970);

Montana Const. Art. TV, §1 (1972).
Comment: Voting is included in the "Declaration of Rights"
because it is regarded as a basic political right rather
than a privilege. As a right, it should be suspended only
in the most serious cases. The Illinois provision does not
even except interdicted persons. The Montana provision
excerpts persons "of unsound mind, as determined by a



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court". This provision also recognizes a right to register
as long as registration is a prerequisite to voting.
Section 20. Right to Keep and Bear Arms
Section 20. A well-regulated militia is necessary to the
security of a free state. The right of each person to keep
and bear arms and ammunition shall not be abridged, but
this provision shall not prevent the passage of laws to pro-
hibit the carrying of concealed weapons.
Source: La. Const. Art. I. §8 (1921).

Comment: The section is adopted with virtually no change
in substance from the 1921 provision. The provision re-
lating to the militia is set out as a separate sentence. The
right to bear arms is connected with the provision per-
mitting laws to prohibit the carrying of concealed
weapons.
Section 21. Writ of Habeas Corpus

Section 21. The writ of habeas corpus shall not be sus-
pended.

Source: La. Const. Art. I, §13 (1921).

Comment: The 1921 provision is revised to recognize the writ
of habeas corpus as a right rather than a privilege and to
eliminate the exception for suspending it. Emergencies
and other times of disorder are precisely the times when
the writ is most needed as a right of redress.
Section 22. Access to Courts

Section 22. All courts shall be open, and every person
shall have an adequate remedy by due process of law and
justice, administered without denial, partiality, or unrea-
sonable delay for actual or threatened injury to him in his
person, property, reputation, or other rights. Neither the
state, its political subdivisions, nor any private person shall
be immune from suit.
Source: New: see, however, La. Const. Art. I, § 6; Art. Ill,
 

§ 35; Art. XIX, §13 (1921).
Comment: This provision is intended to broaden the general
right of redress recognized in the 1921 provision. The
right of redress is recognized for "threatened" as well
as "actual" injury or violation of any right of a person.
No private person is to be immune from suit. Sovereign
immunity is abolished but the legislature may provide
for immunity for the governor or other "public persons"
in connection with the performance of their official duties.

COMMITTEE REPORT WITH RESPECT TO COMMITTEE
PROPOSAL No. 3—

ARTICLE III. LEGISLATIVE DEPARTMENT
Section 1. Legislative Power of State; Vesting: Contin-
uous Body

Section 1. (A) The legislative power of the state is
vested in a legislature, consisting of a Senate and a House
of Representatives.

(B) The legislature shall be a continuous body during the
term for which its members are elected.
Source: La. Const. Art. Ill, §1 (1921).

Comment: Paragraph (A) rewords without substantive
change the present provisions.

Paragraph (B) is new. Term "continuous body" is dis-
tinguished from "continuous session." Term "continuous
body" means that legislature is a viable and ongoing body
for the duration of each of the four-year terms of its
members rather than a year to year body. At present
legislature acts as a body only when convened in actual
session and all orders, resolutions, and proceedings cease
at the end of the session, unless otherwise extended. Un-
like the judicial and executive branches of government,
the legislature at present is restricted in the number of
days it can operate and can only function while it is in
session for a limited period each year, while the other
branches operate throughout the year. Leaves no doubt
as to authority of legislature to organize itself, select it
officers, and establish its standing committees for four-
year term of its members. Allows legislature to adopt
procedures to operate through its standing committees
year-round for continuing study and analysis of needed oi
proposed legislative action. Eliminates necessity for cre-
ation of interim committees to meet between sessions.
Permits legislature more readily to manage its own oper-
ations when not actually in session by allowing it to pro-
vide for: 1) prefiling of bills, 2) formal introduction of



bills prior to convening in regular or extraordinary ses-
sion, 3) assignment of such bills to committees, 4) pre-
sessicn committee hearings and determination of reports;
and otherwise to exercise its functions year-round and
from year to year in an effort to provide more time for
informed and deliberative decision-making, benefiting the
state and its people.

Note "continuous body" is not synonymous with "con-
tinuous session" and the legislature could only meet in
actual session as permitted by Section 2 below.
Section 2. Sessions; Annual; Extraordinary
Section 2. (A) The legislature shall meet in regular an-
nual sessions. In each year the regular session shall not ex-
tend for more than sixty legislative days within a one hun-
dred and twenty day period; however, upon the consent of
a majority of the elected members of each house, the leg-
islature may extend the regular session in any year for
not to exceed fifteen legislative days within the one hun-
dred and twenty day period.

(B) The legislature may be convened at other times by
the governor or, at the written request of a majority of the
elected members of each house, by the presiding officers of
both houses. The governor or the presiding officers of both
houses, as the case may be, shall issue a proclamation con-
vening the legislature into extraordinary session. The pro-
clamation shall state the object or objects for convening the
legislature in extraordinary sessions, the date on which the
legislature is to be convened, and the number of days for
which the legislature is convened. The power to legislate,
under the penalty of nullity, shall be limited to the objects
specifically enumerated in the proclamation convening the
extraordinary session, and the session shall be limited to
the number of days named therein, which shall never ex-
ceed thirty calendar days.

Source: La. Const. Art. Ill, § 8; Art. V, § 14 (1921).
Comment: Requires legislature to meet in regular annual
session, with no restriction as to fiscal matters in odd-
year sessions as at present. Establishes length of regu-
lar sessions at 60 legislative days held within a 120-
day period. Allows for extension of regular session by
consent of majority of elected members for up to 15
legislative days within same 120-day period. Term "legis-
lative days" is new. It refers to exact number of days
legislature actually meets, sometimes referred to as
"working days." Some 14 states either by constitution or
statute use "legislative day" concept. It most generally is
defined or interpreted to mean, any day on which
either or both houses is in session. (See Indiana Statutes
34-226  and Opinions of the Justices, 257 So. 2d 336
(Ala. 1972)] Thus, a session by one house, the other
house not sitting, comprises a legislative day to be de-
ducted from the total 60 days permitted by this section.
However, if neither house is in session both having ad-
journed or recessed to a later date, meetings of commit-
tees of cne or both houses would not constitute legisla-
tive days.

Continues existing authority of governor and legisla-
ture to call extraordinary sessions, but reduces vote nec-
essary for legislature to call itself into session from two-
thirds to a majority of elected members of each house.
Changes method of legislature calling itself into session
by providing that presiding officers of both houses are to
issue call or proclamation. Present provision places pri-
mary responsibility on governor to call legislature into
session when petitioned to do so.

Rewords without substantive change present provision
relative to issuance of proclamation and enumeration of
objects to be considered.

Retains without substantive change present provision
relative to restriction on power to legislate and limita-
tion on maximum number of days of an extraordinary
session.

Makes no constitutional provision for a convening date,
leaving this to be fixed by statute. Note: provision for
first convening date after new constitution is adopted
likely could be included in a transitional or schedule pro-
vision.

Section 3. Size

Section 3. The number of members of the legislature shall
be provided by law, but the number of Senate members shall
not exceed forty-one and the number of House members
shall not exceed one hundred and eleven.
Source: La. Const. Art. Ill, §§2, 3, 4, 5 (1921).
Comment: Establishes a maximum number of members for



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each house of legislature but permits legislature to fix
exact size. Maximum allowable number of senators is in-
creased from 39 to 41 and maximum allowable number
of representatives is increased from 105 to 111. Deletes
those provisions of constitution establishing specific geo-
graphic districts.

Section 4. Qualifications; Residence Requirements; Term;
Vacancies

Section 4. (A) Every elector who at the time of his elec-
tion has reached the age of eighteen years shall be eligible
to membership in the House of Representatives. Every elec-
tor who at the time of his election has reached the age of
twenty-one years shall be eligible to membership in the
Senate.

(B) No person shall be eligible to membership in the leg-
islature unless at the time of his election he has been a
resident of the state for two years and actually domiciled
within the legislative district from which he seeks election
for one year immediately preceding his election. However, at
the first election following the reapportionment of the leg-
islature only, a person may qualify for election from any
district created in whole on in part from the district exist-
ing prior to reapportionment in which such person was
domiciled, if he was domiciled in that prior district for at
least one year immediately preceding his election. The seat
of any member who changes his domicile from the legisla-
tive district which he represents shall be vacated thereby,
any declaration of a retention of domicile to the contrary
notwithstanding.

(C) The members of the legislature shall be elected for
terms of four years each.

(D) When a vacancy occurs in either house of the legis-
lature, the remainder of the term shall be filled only by elec-
tion, as provided by law.

Source; La. Cons!. Art. Ill, §§8, 9 (1921).

Comment: Reduces age requirement for senators from 25
to 21 years. Specifies 18 years instead of "elector" for age
requirement for representatives.

Reduces residency in state from five to two years and
requires one year of actual domicile in district preced-
ing election. Present constitution requires one-year resi-
dence. Makes special provision for first election follow-
ing reapportionment. Provides that change of domicile
(rather than residence) vacates seat.
Retains four-year term of members.

Requires any vacancy in legislative office to be filled
for remainder of term only by election as provided by
law. Present provision requires governor to order elections
to fill vacancies.

Section 5. Legislative Apportionment; Judicial Review;
Apportionment by Supreme Court

Section 5. (A) Not later than the end of the first year
following the year in which the population of this state is
reported to the president of the United States for each
decennial federal census, the legislature shall apportion the
representation in each house on the basis of the total state
population as shown by the census. Within ten days after
the legislature adopts an apportionment plan the presiding
officers of the two houses shall submit the plan to the su-
preme court for review.

(B) If the legislature fails to apportion itself, the supreme
court, upon petition therefor, by the attorney general with-
in ten days after the close of the year above specified shall
apportion each house thereof as provided in Paragraph (A)
of this Section.

(C) The procedure for review and petition shall be pro-
vided by law.

Source: La. Const. Art. Ill, §§2, 3, 4, 5, 6 (1921).

Comment: Replaces present constitutional provisions relat-
ing to legislative reapportionment. Requires legislature,
no later than end of first year following official pro-
mulgation of census to reapportion state on basis of total
state population. Deletes all provisions specifying geo-
graphical makeup of legislative districts.

Grants to state supreme court direct review of legis-
lative reapportionment as well as authority upon petition
to apportion the legislature when it fails to do so.
Requires legislature to establish procedures for this re-



view and petition within guidelines and time periods spe-
cified by this section. (Replaces Article III, §§2, 3; de-
letes Article III, §§4, 5 and 6)

Section 6. Judging Qualifications and Election; Procedural
Rules; Discipline; Officers

Section 6. (A) Each house shall be the judge of the qual-
ifications and elections of its own members, determine the
rules of its procedure, and may punish its members for dis-
orderly conduct or contempt and, with the concurrence of
two-thirds of its elected members, may expel a member. Ex-
pulsion shall create a vacancy in the office.

(B) Each house shall have power to compel the attendance
and testimony of witnesses and the production of books and
papers before such house as a whole, before any committee
thereof, or before joint committees of the houses and shall
have the power to punish for contempt those in wilfull dis-
obedience of it orders.

(C) Each house shall choose its own officers, including a
permanent presiding officer selected from its membership,
who shall be designated in the Senate as the president of
the Senate and in the House as the speaker of the House of
Representatives.

Source: La. Const. Art. Ill, §§10, 11; Art. V, §§8, 17 (1921).
Comment: Revises present provisions providing for each
house to judge "qualifications, elections, and returns" of
its own members by deleting the word "returns". Clari-
fies power to expel by stating that expulsion creates a
vacancy.

Retains provision relating to compelling attendance and
production of all types of papers or documents and au-
thorizes legislature to punish for contempt those who
disobey its orders.

Removes lieutenant governor as presiding officer of
the Senate and provides that each house is to choose its
officers from its members.
Section 7. Privileges and Immunities

Section 7. The members of the legislature shall in all
cases, except felony, be privileged from arrest during their
attendance at the sessions and committee meetings of their
respective houses and in going to and returning from the
same. No member shall be questioned in any other place for
any speech or debate in either house.
Souice: La. Const. Art. Ill, §13 (1921).

Comment: Revises present provision by extending the privi-
leges and immunities granted legislators during sessions
to include committee meetings. Extends privilege from ar-
rest in criminal matters to all offenses not felonies.
Section 8. Conflict of Interest

Section 8. Legislative office is a public trust and every
effort to realize personal gain through official conduct is
a violation of that trust. The legislature shall enact a code
of ethics prohibiting conflict between public duty and pri-
vate interests of members of the legislature.
Source: La. Const. Art. Ill, §§29, 30 (1921).
Comment: Substantially replaces present constitutional
provisions relating to legislative conflict of interest. De-
letes requirement that individual legislators disclose per-
sonal interest in bills and refrain from voting thereon, as
well as provisions relating to sale or trade of votes.
Section 9. Quorum; Compulsory Attendance; Journal; Ad-
journment; Consent of Other House.

Section 9. (A) Not less than a majority of the elected
members of each house shall form a quorum to transact busi-
ness, but a smaller number may adjourn from day to day
and shall have power to compel the attendance of absent
members.

(Bl Each house shall keep a journal of its proceedings
which shall be published from day to day and which shall
accurately reflect the proceedings of that house, including
all record votes. A record vote is a written, printed, or oral
vote by yeas and nays.

(C) Whenever the legislature is in session neither house
shall adjourn for more than three days or to any other place
than that in which it is then meeting, without the consent
of the other house.

Source: La. Const. Art. Ill, §§7, 15, 19, 20 (1921).
Comment: Clarifies present provision relative to quorum by
specifying that it is a majority of the elected members of
each house.

Retains requirement for each house to maintain a jour-
nal and adds definition of record vote.

Rewords without substantive change provision relat-
ing to adjournment of either house for more than three
days without consent of the other house.



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Section 10. Legislative Auditor

Section 10. There shall be a legislative auditor who shall
be elected by the consent of a majority of the elected mem-
bers of each house and may be removed by the consent of
two-thirds of the elected members of each house. The leg-
islative auditor shall be responsible solely to the legisla-
ture and shall serve as fiscal advisor to the legislature. He
shall perform such duties and functions relating to the aud-
iting of the fiscal records of state and local governments as
are provided by law.
Source: La. Const. Art. VI, §26(2) (1921).

Comment: Rewords present provisions relating to legislative
auditor. Provides for his election by a simple majority
but requires two-thirds majority to remove. Deletes the
detail in present constitution relating to existing execu-
tive and legislative functions of legislative auditor and
instead requires legislature to fix his duties and functions.
Section 11. Salaries of Public Officers; Change
Section 11. Salaries of public officers may be changed
only by vote of two-thirds of the elected members of each
house of the legislature.
Source: La. Const. Art. Ill, § 34 (1921).

Comment: Changes the vote required in legislature from
two-thirds of members to two-thirds of the elected mem-
bers and deletes phrase "whether fixed in this constitu-
tion or otherwise."
Section 12. Local or Special Laws

Section 12. The legislature shall pass no local or special
law when a general law is or can be made applicable.
Publication
Source: New

Comment: Replaces the enumeration of prohibited local or
special laws contained in Art. IV, §4 and prohibits all
local or special laws where a general law would suffice.
Outright prohibition of all local or special legislation
is not feasible, for example an appropriation of money
to pay an outstanding judgment is necessarily a special
law, a law creating or changing a judicial district is a
local law. The major problem under this section is not,
"What is a local or special law?" but "When is a general
law applicable?" This section does not specify who is to
make this determination but it is understood that the
courts will.

Section 13. Local or Special Laws; Notice of Intention;
Section 13. No local or special law shall be introduced into
the legislature unless notice of the intention to introduce
such law has been published, without cost to the state, in
the locality where the matter or things to be affected are
situated on two separate days, the last day of which is at
least thirty days prior to the introduction of such a bill
into the legislature. The notice shall state the substance of
the contemplated law. Every such bill shall contain a recital
that the notice has been given.
Source: La. Const. Art. IV, §6 (1921).

Comment: Rewords present provision relating to publica-
tion 30 days prior to introduction, but specifies number
of times notice is to be published. Deletes requirement
that evidence of publication be exhibited in legislature.
Section 14. Suits Against the State

Section 14. The legislature may authorize suit to be filed
against the state, its agencies, and political subdivisions,
and shall provide a method of procedure and the effect of
the judgments which may be rendered therein. Any law
enacted for the purpose shall waive immunity from suit
and from liability.

Source: La. Const. Art. Ill, §35 (1921).

Comment: Rewords present provisions relating to authoriza-
tion of suit against the state, its agencies, and political
subdivisions. Authorizes legislature to establish proce-
dures for authorizing suit and specifying the effect of
judgments.

Deletes present detail and deletes specific provision
(Art. XIX, § 26) withdrawing waiver of immunity from
suit of certain state and local boards and agencies.
Section 15. Continuity of Government

Section 15. The legislature shall provide for the orderly and
temporary continuity of government, in periods of emergen-
cy, until such time as the normal processes of government



can be reestablished in accordance with the constitution and
laws of the state. It shall also provide for the prompt and
temporary succession to the powers and duties of public
offices, the incumbents of which may become unavailable
to execute the functions of their offices.
Source: La. Const. Art. II, §3 (1921).

Comment: Revises prewent provision by extending this
power to all types of emergencies and not just to those
caused by enemy attack. Requires legislature to provide
for continuity of government and succession to office
in those emergencies.

Section 16. Style of Laws; Enacting Clause

Section 16. The style of the laws of this state shall be:
"Be it eancted by the Legislature of Louisiana." It shall not
be necessary to repeat the enacting clause after the first
section of an act.

Source: La. Const. Art. Ill, §7 (1921).
Comment: Retains present provision with only style changes.

Section 17. Passage of Bills

Section 17. (A) The legislature shall enact no law and
propose no amendment to the constitution except by a
bill. Every bill, except the general appropriation bill and
bills for the enactment, rearrangement, codification, or re-
vision of a system of laws, shall be confined to one object
and shall contain a brief title indicative of its object.

(B) All bills enacting, amending, or reviving laws shall
set forth completely the provisions of the laws enacted,
amended, or revived, and no system or code of laws shall
be adopted by general reference to such system or code
of laws.

(C) No bill shall be so amended in its passage through
either house as to change its original object.

(D) Every bill shall be read at least by title on three
separate days in each house. No bill shall be considered
for final passage unless it has been reported on by a
committee.

(E) No bill which has been rejected by either house
may again be proposed or considered in the same house
during the same session without the consent of a majority
of the members elected to the house which rejected it.

(F) No amendments to bills by one house shall be con-
curred in by the other, nor shall any conference com-
mittee report be concurred in by either house except by
the same vote required for final passage of the bill. The
vote thereon shall be by record vote.

(G) No bill shall become law without the concurrence
of at least a majority of the members elected to each
house. Final passage of a bill shall be by record vote. At
the request of one-fifth of the members elected to either
house, a record vote shall be taken on any other measure
or for any other purpose.

Source: La. Const. Art. Ill, §§8.1, 16, 17, 18, 21, 23, 24,

25, 25.1; Art. IV, §9 (1921).
Comment: Restates present provisions requiring enactment
of laws only by bill. Retains requirement that a bill
be confined to one object and have a title indicative
of that object. Continues existing exception relating to
general appropriation bill and bills to enact, rearrange,
codify, or revise a system of laws.

Restates provisions relating to prohibition against
adoption of laws by reference.

Restates provision prohibiting amendments which are
not germane to object of bill as introduced.

Revises procedure for reading of bills in legislature.
Requires reading of a bill at least by title on three
separate days in each house. Retains requirement that
bills be reported on before consideration for final pas-
sage but removes requirement for reading in full.

Retains without substantive change provision relating
to reconsideration of rejected bills.

Restates present provisions relating to vote require-
ment for concurrence in amendments of another house
or conference committee reports by specifying that con-
currence in either case is to be by same vote required
for final passage.

Rewords provisions relating to the vote required for
passage of a bill. Specifies that a bill must receive at
least a majority of votes in each house to pass. Re-
tains provision that one-fifth of elected members in
either house may require a record vote on other than
final passage.
Section 18. Appropriations
Section 18. (A) No money shall be withdrawn from the



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state treasury except through specific appropriation, and
no appropriation ol money shall be made for contingencies
or for longer than two years.

(B) All bills for raising revenue or appropriating money
shall originate in the House of Representatives, but the
Senate may propose or concur in amendments, as in other
bills.

(C) The general appropriation bill shall be itemized and
shall contain only appropriations for the ordinary operat-
ing expenses of government, public charities, pensions, and
the public debt and interest thereon.

(D) All other bills for appropriating money shall be for
a specific purpose and for a specific amount.

(E) Any bill appropriating money in an extraordinary
session of the legislature convened after final adjournment
of the regular session held in the last year of the term
of office of a governor, except for expenses of the legis-
lature, shall require the approval of three-fourths of the
elected members of each house.

Source: La. Const. Art. Ill, §22; Art. IV, §§1, 9, 10, 11

(1921).
Comment: Rewords present provisions relating to with-
drawal of money from state treasury. Retains prohi-
bition against appropriations for contingencies or for
longer than two years.

Retains without substantive change provision relating
to origination of revenue or appropriation bills.

Restates without substantive change present provisions
relating to general appropriation bill.

Rewords without substantive change present provision
relating to other appropriation bills.

Revises present provision relating to appropriation bills
in extraordinary sessions held in the period 90 days
before primary election for governor and ending at ex-
piration of the governor's term to bring it into line
with provision dealing with annual sessions, since a
90-day period could overlap with 120-day period if date
for primary election were changed.
Section 19. Signing of Bills; Delivery to Governor
Section 19. (A) A bill that has been passed by both
houses of the legislature shall be signed by the presiding
officers of both houses and shall be submitted to the
governor for his signature or other action. Delivery to
the governor shall be within three days after passage.
(B) No joint, concurrent, or other resolution shall re-
quire the signature or other action of the governor.
Source: La. Const. Art. Ill, §26; Art. V, §17 (1921).
Comment: Revises present provisions relating to the sign-
ing of bills by the presiding officers of both houses.
Deletes requirement for signing in open session. Allows
delivery of signed bills to governor up to three days
after passage, instead of present requirement for de-
livery on same day. Governor can sign, veto, or take
no action on bills. If no action is taken, a bill becomes
law after a certain period as specified in Section 20
.below.

Section 20. Signature of Governor on Bills; Veto
Section 20. (A) A bill shall become law if the governor
does not sign or veto the bill within ten days after its
delivery to him if the legislature is in session or within
twenty days if the legislature is adjourned.

(B) If the governor does not approve of a bill, he may
veto it and return it to the legislature, with his veto
message, within twelve days after its delivery to him if
the legislature is in session. If the legislature has ad-
journed before the governor vetoes or returns one or more
bills, he shall return them, with his veto message, to the
legislature as provided by law. Any bill thus returned by
the governor and subsequently approved by two-thirds of
the elected members of each house shall become law.

(C) The presiding officers of both houses shall convene
the legislature in veto session upon the written request
therefor, by at least a majority of the members electee!
to each house, on the thirty-fifth day after final adjourn-
ment of each session, for the sole purpose of reconsidering
the bills vetoed by the governor. The veto session shall
not exceed five consecutive days.

Source: La. Const. Art. V, §15 (1921).



Comment: Revises present provision relating to signing or
vetoing of bills by governor. Allows governor 10 days
if legislature is in session to sign or veto a bill and
up to 20 days if legislature has adjourned.

Gives governor an additional period of time in which
to prepare and deliver his veto message. Allows legis-
lature to specify how and when governor is to return
bills vetoed after it has adjourned. Retains two-thirds
vote requirement to override governor's veto.

Revises present provisions on veto sessions by pro-
viding that presiding officers of both houses are to
call legislature into veto session upon written request
of a majority of members elected to each house. Changes
present method which requires a majority from each
house to vote to come back into veto session on a
particular vetoed bill to a majority from each house
voting to come back into veto session.
Section 21. Effective Date of Laws

Section 21. All laws shall be published as provided by
law and shall take effect on the sixtieth day after final
adjournment of the session in which they were enacted.
However, any bill may specify an earlier or later effec-
tive date.

Source: La. Const. Art. Ill, §27 (1921).

Comment: Revises present provisions relating to effective
date of laws. Changes effective date from present 20th
day after adjournment to 60th day after adjournment.
Provides for general appropriation bill, emergency legis-
lation, and other bills to have an earlier or later effec-
tive date. Deletes provisions on certification of emergency
legislation.

Section 22. Suspension of Laws

Section 22. No power of suspending laws of this state
shall be exercised except by the legislature and then only
by the same vote required for final passage of the law
proposed to be suspended. The vote thereon shall be by
record vote.

Source: La. Const. Art. XIX, §5 (1921).

Comment: Rewords without substantive change present
provision.
Section 23. Corporations; Perpetual or Indefinite Dura-
tion; Dissolution; Perpetual Franchises or Privileges

Section 23. The legislature may authorize the organization
of corporations for perpetual or indefinite duration. How-
ever, every corporation shall be subject to dissolution or
forfeiture of its charter or franchise, as provided by law.
Neither the state nor any political subdivision shall grant
a perpetual franchise or privilege to any person or cor-
poration.

Source: La. Const. Art. XIII, §7 (1921).

Comment: Rewords without substantive change. Note: other
sections in Article XIII assigned to this committee
(§§2, 3, 5, & 8) are deleted.
Section 24. State and District Officers; Impeachment;
Conviction; Effect

Section 24. (A) All state and district officers, whether
elected or appointed, shall be liable to impeachment for
felonies, incompetency, corruption, extortion, oppression
in office, gross misconduct, or habitual drunkenness.

(B) All impeachments shall be originated by the House
of Representatives and shall be tried by the Senate. Two-
thirds of the members elected to the Senate shall be neces-
sary to convict. The Senate may sit for said purpose whether
or not the House is in session and may adjourn as it
thinks proper.

(C) Judgment of conviction in impeachment cases re-
moves and debars the person from holding any office
under the state, but neither conviction nor acquittal shall
prevent prosecution and punishment otherwise according to
law. Impeachment proceedings shall suspend any officer
except the governor or acting governor, and the office shall
be filled by the governor until decision of impeachment.
Source: La. Const. Art. IX, §§1, 2 (1921).

Comment: Revises present provision relating to grounds
for impeachment by replacing phrase "high crimes" with
the word "felonies" and deleting "misdemeanors in office"
and "favoritism."

Deletes disqualification from practicing law if judge,
district attorney, or attorney general is convicted.
Changes method of filling the office of a suspended
official from appointing authority to governor.

Note: Provision in present constitution and this pro-
posed section do not apply to local officers.



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Deletes provision (Art. IX, §3) on removal by ad-
dress of legislature.
Section 25. Removal by Suit; Officers Subject; Com-
mencement of Suit

Section 25. The legislature shall provide for the removal
by suit of any state, district, parochial, ward, or muni-
cipal officer except the governor, lieutenant governor, and
judges of the courts of record.
Source: La. Const. Art. IX, §§6, 7 (1921).

Comment: Replaces present provisions by requiring legis-
lature to enact laws for removal of public officials by
suit. Removes detail from present constitution.
Section 26. Recall

Section 26. The legislature shall provide for the recall
by election of any state, district, parochial, ward, or muni-
cipal officer except judges of the courts of record. The
sole issue at any recall election shall be whether such
officer shall be recalled.
Source: La. Const. Art. IX, §9 (1921).

Comment: Rewords present provision relating to recall of
public officials to require legislature to enact laws for
recall by election. (See R.S. 42:341-357)

COMMITTEE REPORT WITH RESPECT TO COMMITTEE
PROPOSAL No. 4—

ARTICLE IV. EXECUTIVE DEPARTMENT
Section 1. Composition

Section 1. (A) The executive branch shall consist of a
governor, lieutenant governor, secretary of state, attorney
general, treasurer, and all other executive offices, agencies.
and instrumentalities.

(B) All offices, agencies, and other instrumentalities of
the executive branch of state government and their respec-
tive functions, powers, and duties and responsibilities, except
for the offices of governor and lieutenant governor, shall
be allocated according to function, within not more than
twenty departments.
Source: La. Const. Art. V, §§1, 18; Art. VII, §55; Art. XII,

§5 (1921).
Comment: The 1921 Constitution provides for an "executive
department" of state government composed of 10 officials,
nine of whom are elected. The constitution also provides
for an elected attorney general who is an officer of the
judicial department, and an elected superintendent of
education.

The proposed section defines the "executive branch
of state government as including five statewide elected of-
ficials and all other agencies, offices, and instrumental-
ities having executive functions. Deleted as elected of-
ficials are the comptroller, register of the land office,
commissioner of insurance, commissioner of agriculture,
custodian of voting machines, and superintendent of ed-
ucation. The commissioner of conservation is no longer
listed as a constitutional officer to be appointed by the
governor. The attorney general is classified as an exec-
utive rather than a judicial officer. The proposed section
also provides for a maximum of twenty departments in
the executive branch to be grouped according to function.
Section 2. Qualifications

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

(B) The attorney general shall have been admitted to
the practice of law in this state for at least the five years
immediately preceding his election.
Source: La. Const. Art. V, 13; Art. VII, §56; Art XIX, §4

(1921).
Comment: The 1921 Constitution provides that no person
shall be eligible to the offices of governor and lieutenant
governor who is "less than thirty years of age", or who
has not "for at least the ten years preceding his elec-
tion" been a citizen of both the state and the United
States, or who "holds office under the United States at
the time of the election". The attorney general is re-
quired, by the 1921 Constitution, to be "learned in the



law", and to have "resided and practiced law" as a "duly
licensed attorney" in the state for "at least the five
years" preceding his election. These officials and all other
statewide elected officers are subject to a general constitu-
tional prohibition against dual office-holding; otherwise,
there are presently no constitutional eligibility require-
ments for eight of the eleven elected executive officers.
The proposed section sets the minimum age for eligi-
bility to all statewide elective positions at twenty-five,
and the period of state and national citizenship at five
years immediately preceding election. The provision
against dual office-holding is extended to all offices ex-
cept those held ex officio. The proposed section also re-
quires that the attorney general shall have been admitted
to the practice of law in Louisiana for at least five years
immediately preceding his election.
Section 3. Elections and Terms

Section 3. (A) The governor, lieutenant governor, secretary
of state, attorney general, and treasurer shall each be elected
statewide 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 person who has served as governor for more
than one and one-half terms in two consecutive terms
shall not be elected governor for the next succeeding term

(B) The returns of the election of such officials shall
be transmitted to and be promulgated by the secretary of
state in a manner as may be provided by statute. The person
having the greatest number of votes for each office shall
be declared elected.

(C) If two or more persons have an equal, and the
highest number of votes for an office, they shall draw lots
to determine the result. The secretary of state shall arrange
for the drawing of lots within ten days after the election
results are promulgated, and the decision as to the winner
shall be final and conclusive. Election contests shall be
decided by the courts as may be provided by statute.

(D) The term of office of each elected official shall begin
at noon on the second Monday in March next following
the election.

(E) No official shall be elected statewide, except as pro-
vided by this constitution.

Source: La. Const. Art. V, §§2, 3, 4, 18; Art. VII, §55; Art

XII, §5 (1921).
Comment: The section provides that all statewide elected
officials in the executive branch shall be elected to serve
four-year terms.

In Paragraph (A) the elective offices of comptroller,
register of the land office, commissioner of agriculture,
commissioner of insurance, custodian of voting machines,
and superintendent of education are deleted from the
source provisions in conformity with provisions of Sec-
tion 1.

An elected governor continues to be prevented from
serving from more than two consecutive terms. The pro-
vision that a person succeeding to the governorship, with
more than one-half a term remaining, can serve only one
consecutive term is new.

In Paragraph (B) the secretary of state rather than
the legislature as in the source provision promulgates
the election returns of all statewide elective officers.

Paragraph (C) which provides that tie votes shall be
decided by drawing of lots by the two candidates re-
ceiving the same and highest number of votes is new.
In Paragraph (D) the time of taking office for execu-
tive ofifcers is changed from the first day following an-
nouncement of their election by the legislature, as pro-
vided in the 1921 Constitution, to noon on the second
Monday in March following their election. (Note: The
Schedule must provide that incumbent terms are not af-
fected by this change.)

Paragraph (E) is new, and provides that no official
shall be elected statewide except those named in the con-
stitution.
Section 4. Compensation

Section 4. (A) The compensation of each elected official
within the executive branch shall be fixed by the legislature
and shall not be increased or decreased for the term for
which the official is elected. No state official shall receive
a salary in excess of that paid to the governor.

(B) The lieutenant governor when acting as governor
shall receive the same salary as the governor, and an
appointed assistant when acting as an elected official shall
receive the same salary as the elected official.
Source: La. Const. Art. Ill, §34; Art. V, §§5, 7, 20; Art. VII,
§57 (1921).



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Comment: The 1921 Constitution sets the salaries of constitu-
tional officers, and provides that the salary of any public
officer may be changed by a two-thirds vote of the
membership of each house of the legislature. The present
constitution also provides that the lieutenant governor
when discharging the duties of governor shall receive the
same compensation as the governor.

The proposed revision authorizes the legislature to fix
the salary of each elected official within the executive
branch. The revision prohibits an increase or decrease
in salary for the term for which the official is elected.
The proposed section further provides that no state of-
- 1 shall receive a salary in excess of that paid to the
governor.

The proposed section also provides that compensation of
constitutional successors to elected officials in the event
of vacancies, absences, or inability shall be the same as
that of the elected official.
Section 5. Powers and Duties of Governor
Section 5. (A) Executive Authority. The governor shaL
be the chief executive officer of the state and shall faith-
fully support the constitution and laws of the state.
Source: La. Const. Art. V, §§2, 14 (1921).

Comment: This paragraph changes the source provision that
the "supreme executive power" is vested in the governor
and, instead, designates him as the state's "chief executive
officer". The source provision requiring the governor to
take care that the "laws be faithfully executed" is changed
to requiie him to "faithfully support the constitution and
laws of the state".

(B) Legislative Reports and Recommendations. The gover-
nor shall at the beginning of each regular session of the
legislature, and may at other times, make reports and recom-
mendations and give information to the legislature concern-
ing the affairs of state, including its complete financial
condition.

Source: La. Const. Art. V, §13 (1921).

Comment: The 1921 Constitution requires the governor to give
periodic reports to the legislature concerning affairs of
the state and to recommend measures for its considera-
tion.

The proposed section requires the governor to make

such reports and recommendations to the legislature at

the beginning of each regular session, including information

on the financial condition of the state. He may make

such reports and recommendations at other times.

(C) Reports and Information. All department heads shall
provide the governor with reports and information in writing
or otherwise request by him on any subject relating to
their respective departments excepting matters relating to
investigations of the governor's office.

Source: La. Const. Art. V, §13; Art. VI, §39 (1921).

Comment: The 1921 Constitution permits the governor to
require written information and financial reports from all
agencies in the executive branch of state government and
from certain local units of government.

The proposed section requires "department heads" to
provide the governor with information on their depart-
ments when so requested. Information on matters relating
to investigations of the governor's office is excepted from
the requirement.

(D) Operating Budget. The governor shall prepare the
state's annual operating budget, and shall transmit copies
thereof to the legislature at least two weeks prior to the
first day of each annual session. Upon adoption of the
operating budget by the legislature, it shall become the
official state budget and shall be executed and administered
by the governor. Total appropriations for the year shall
not exceed annual revenues as anticipated by the governor
in the operating budget.

SOURCE: New

Comment: The provision requires the governor to prepare,
execute, and administer the state budget which he is to
present to the legislature at least two weeks before the
first day of each annual session. Total annual appropria-
tions shall not exceed annual anticipated revenues as de-
termined by the governor in the operating budget.

(E) Capital Budget. The governor shall prepaie annually
a five-year capital program and shall submit to each regular



session of the legislature a proposed capital budget as pro-
vided by statute implementing the first year of the program.
All capital projects approved by the legislature shall be
made a part of the capital budget, and the operating budget
for each year shall provide for amortization of the cost of
each such capital project.
Source: New

Comment: The provision requires the governor to prepare
annually a five-year capital program and a capital budget
which shall include all capital projects. The annual operat-
ing budget is to provide funds for amortization of capital
costs.

(F) Pardon, Commutation, Reprieve, Remission. Except
in cases of conviction upon impeachment, the governor may
reprieve, may grant commutation of sentence, and may par-
acn tncse convicted of offenses against the state and may
remit fines and forfeitures imposed for such offenses. In
addition, the legislature may provide additional methods for
the foregoing and other post-conviction remedies.

Source: La. Const. Art. V, §10 (1921).

Comment: The 1921 Constituion grants the governor power
to grant reprieves for all offenses against the state. Ex-
cept in cases of impeachment or treason, he is empowered
to grant pardons, commute sentences, and remit fines
and forfeitures on recommendation of a majority of a
pardon board consisting of the lieutenant governor, at-
torney general, and the presiding judge of the sentencing
court. The governor may, under present law, grant tem-
porary reprieves for treason, but the final pardoning
power for this crime is vested in the legislature. The
source provision requires automatic pardons for first-
offender felons upon completion of their sentence.

The proposed section permits the governor to reprieve,
grant commutation of sentence, and pardon those convicted
of offenses against the state, except in cases of conviction
upon impeachment. The governor also may remit fines
and forfeitures. The legislature is authorized to provide
additional methods for post-conviction remedies. The pro-
vision for a three-man pardon board is deleted from the
present source.

(G) Signature on Bills; Veto. The date and time when
each bill passed by the legislature is delivered to the gover-
nor shall be entered thereon. He shall then have thirty calen-
dar days within which to act on it. If he approves, he shall
sign it. If he disapproves, he shall veto it, giving his reason
therefor, and if the legislature is in session, he shall return
it to the house in which it originated within twenty-four
hours If he fails to veto within the time otherwise pro-
vided by this constitution, it shall become law.

Source: La. Const. Art. Ill, §8.2; Art. V, §§15, 17 (1921).

Comment: The source provisions require that the governor
sign all bills passed by both houses of the legislature. Cer-
tain legislative documents, such as resolutions and pro-
posed contitutional amendments, are specifically exempted
from requiring his signature. Presently, the governor must
act on a bill within ten days after he receives it; other-
wise, it becomes law. Procedural details for vetoing,
overriding vetoes, and promulgation of signed legis-
lation are set forth in the source provisions.

The proposed section revises the present law by delet-
ing all references to legislative action on vetoes, with
the understanding that these provisions will appear in the
proposed article dealing with the legislature. It is also
assumed that the provision exempting legislative docu-
ments from gubernatorial signature will be included in
the legislative article. As in the present law, the proposed
section provides that bills sent to the governor must be
documented on receipt of their delivery to the governor,
and reasons must be given for his vetoes. Under the new
provision the governor has thirty rather than ten days
in which to act; if he fails to act within the time limit,
the bill becomes law.
(H) Appropriation Bills. (1) The governor may veto any

line item in an appropriation bill. The items vetoed shall

be void unless the veto is overridden as prescribed for the

passage of any bill over a veto.

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

means provided in the bill, in order that total appropriations

for the year shall not exceed anticipated revenues for the

year.

Source: La. Const. Art. V, §16 (1921).

Comment: Paragraph (1) which permits the governor to
veto line items in an appropriation bill restates the source
provision withcut substantive change. Paragraph (2) re-
quires the governor either to veto line items in an ap-



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propriation bill, or use other means given in the bill to
assure that total appropriations for the year do not
exceed anticipated revenues.

(1) Appointments. (1) The governor shall appoint, subject
to confirmation by the Senate, the heads of all department?
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 provided for by
this constitution or by statute.

(2) Should the legislature be in session, the governor
shall submit for confirmation by the Senate the names of
those appointed within forty-eight hours after the appoint-
ment is made. Failure of the Senate to confirm an appoint-
ment prior to the end of the session shall be equivalent to
rejection.

(3) Should the legislature not be in session, the governor
may make interim appointments which shall expire at the
end of the next session of the legislature, unless submitted
to and confirmed by the Senate during such session.

(4) A person not confirmed by the Senate shall not be
appointed to the same office during any recess of the legis-
lature.

Source: La. Const. Art. IV, §l(a); Art. V, §§8, 10; Art. VI,

§22 (e); Art. VIII, §18 (1921).
Comment: The 1921 Constitution requires the governor to
appoint, with senatorial confirmation, constitutional of-
ficers whose appointment or election is not otherwise
provided for in the constitution. The legislature is per-
mitted to provide the mode of filling statutory offices.
The proposed section requires the governor to appoint,
with senatorial confirmation, all statutory and constitu-
tional executive department heads and all boards and
commission members whose election or appointment is
not otherwise provided for by the constitution or by
statute.

Under the present law commissions must be signed by
the governor and countersigned by the secretary of state.
The governor is authorized to make recess appointments
where not otherwise provided for in the constitution.
Commissions granted for recess appointments are to expire
at the end of the next legislative session. Failure of the
governor to send a name to the Senate is equivalent to
rejection, and persons rejected cannot be appointed to the
same office during a Senate recess. The proposed section
is substantially the same as the present law, except that
should the legislature be in session, the governor must
submit names for Senate confirmation within forty-eight
hours after the appointment is made. Failure of the Senate
to confirm an appointee before the end of a session is
equivalent to rejection. The provision requiring signatures
on commissions has been delected.

(J) Removal. The governor may remove from office those
whom he appoints, except those appointed for a term fixed
by this constitution or as may be fixed by statute.
Source: New

Comment: Under the present constituion the governor has no
general authority to remove those whom he appoints. Ap-
pointed officers are subject to constitutional removal by
impeachment, recall, and removal by suit in district courts.
(See 1921 Constitution, Art. IX, §1).

The proposed section allows the governor to remove
without cause those whom he appoints, except those ap-
pointed for fixed terms.

(K) Commander-in-Chief. The governor shall be comman-
der-in-chief of the armed forces of the state, except when
they are called into service of the federal government. He
may call out the armed forces of the state to preserve law
and order, to suppress insurrection, to repel invasion, or
in other times of emergency.
Source: La. Const. Art. XVII, §2 (1921).

Comment: The proposed section restates the source provision
without substantive change. Authority is granted to the
governor to call out the militia for any emergency as well
as for the specifically named purposes of preserving law
and order, suppressing insurrection, and repelling in-
vasions.

(L) Extraordinary Session. (1) The governor may convene
the legislature into extraordinary session by issuance of a
proclamation to the legislature at least five days prior to



the convening of the session. The proclamation shall state
the specific subjects to be considered, the date and time
the legislature is to convene, and the number of days for
which the legislature is convened. The subject matter of
the session may be amended, by proclamation to the legis-
lature, until forty-eight hours prior to the hour at which
the legislature convenes. The power to legislate, under the
penalty of nullity, shall be limited to the subjects specially
enumerated in the latest proclamation convening such ex-
traordinary session. The session shall be limited to the time
named therein, and shall not exceed thirty days.

(2) The governor may convene the legislature in extra-
ordinary session without prior notice or proclamation on
occasions of public emergencies caused by epidemics, attacks
by the enemy, or public catastrophe.
Source: La. Const. Art. V, §14 (1921).

Comment: The present constitution permits the governor to
convene the legislature in special session in cases of emer-
gencies and on other occasions as he sees fit, and requires
him to do so when petitioned by the legislature. Proce-
dural details concerning petitions, notices, and proclama-
tions are given. Special sessions, except in cases of
emergency, are limited to 30 days and the power to legis-
late is confined to the subjects enumerated in the call.
When the governor convenes the legislature into special
session on his own initiative, except for emergencies, he
must give five days notice to the legislature.

The proposed revision relates only to special sessions
called by the governor and deletes all references to pro-
cedures whereby the legislature can convene itself into
special session. It is assumed that power of the legislature
to convene itself witll be provided in the legislative
article.

The governor, under the proposed revision may convene
the legislature in emergencies without prior notice or
proclamation. He may do so at other times by issuing
a proclamation to the legislature at least five days prior
to the convening of the session. The sessions are to be
limited by the items in the proclamation and the proclama-
tion cannot be amended for a 48-hour period prior to the
hour at which the legislature convenes. Special sessions
continue to be limited to 30 days. Much of the procedural
detail concerning calls for special sessions has been clarifi-
ed or deleted.
Section 6. Powers and Duties of the Lieutenant Governor
Section 6. The lieutenant governor shall serve ex officio
as a member on every committee, board, and commission
on which the governor serves, exercise the powers delegated
to him by the governor, and have such other powers and
perform such other duties in the executive branch as may
be authorized by this constitution or provided by statute.
Source: La. Const. Art. IV, §l(a); Art. V, §§8, 10; Art. VI,

§22 (e); Art. VIII, §18 (1921).
Comment: The 1921 Constitution provides that the lieutenant
governor shall be ex officio president of the Senate with
authority to break tie votes. He is also named by the
Constitution as a member of the State Highway Advisory
Board, the Board of Liquidation of State Debt, the
Board of Registration, and the State Pardon Board.

The proposed revision provides that the lieutenant
governor shall serve ex officio on every statutory com-
mittee, board, and commission on which the governor
serves, exercise powers delegated to him by the governor,
and perform other executive functions as may be provided
by the constitution or statute.
Section 7. Powers and Duties of the Secretary of State
Section 7. There shall be a department of state headed
by the secretary of state, who shall serve as the chief elec-
tions officer and administer the election laws; administer
the laws relative to voting machines or other voting devices
as now or may be hereafter provided by this constitution
or as may be provided by statute; administer the state
corporation and trademark laws; serve as keeper of the
Great Seal of the State of Louisiana and attest therewith
all official laws, documents, proclamations, and commissions;
administer and preserve the official archives and records of
the state; promulgate, publish, and retain the originals of
all laws enacted by the legislature; countersign all com-
missions and keep an official registry of same; administer
oaths. He shall have such other powers and perform such
other duties as may be authorized by this constitution or
provided by statute.

Source: La. Const. Art. V, Sec. 21; Art. VI, §22 (e) (1921).
Comment: The 1921 Constitution provides that the secretary
of state shall be a member of the State Highway Ad-


94
 

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visory Board. It also sets forth in various provisions
a number of ministerial duties of the secretary relative to
the publication of legislation, countersigning of commis-
sions, receiving and recording of public notices, petitions,
and election returns.

The proposed section is a new provision which creates
a department of state, headed by the secretary of state.
It sets forth the duties of the secretary which are similar
to his present constitutional and statutory duties, except
that the secretary is given constitutional authority to
administer election laws, including the voting machine
law. Since 1960 the custodian of voting machines, a state-
wide elected official, has administered the state's voting
machine law. From 1940 to I960, the law was administered
by a board of voting machines and a custodian, who was
the secretary of state. The secretary of state was a mem-
ber of the board from 1940 to 1959.

Section 8. Powers and Duties of the Attorney General
Section 8. There shall be a department of justice, headed
by the attorney general who shall be the state's chief legal
officer. As may be necessary for the assertion or protection
cf the rights and interests of the state, the attorney genera:
shall have authority to:

(1) institute, and prosecute or intervene in any legal
actions or other proceedings, civil or criminal;

(2) exercise supervision over the several district attorneys
throughout the state; and

(3) for cause, supersede any attorney representing the
state in any civil or criminal proceeding.

He shall have such other powers and perform such othe:
duties as may be authorized by this constitution or pro-
vided by statute.
Source: La. Const. Art. Ill, §31: Art. V, §10; Art. VI, §22(e);

Art. VII, §§55, 56 (1921).
Comment: The 1921 Constitution creates the office of attorney
general as a statewise elective official in the judicial
branch. His powers and duties are established in various
constitutional articles. Primarily, the attorney general is
to institute, prosecute, and intervene in criminal or
civil suits in which the state has an interest, and to super-
vise district attorneys. The official is also made a mem-
ber of the State Highway Advisory Board, the Legisla-
tive Bureau, and the State Pardon Board.

The proposed section places the attorney general and
the department of justice in the executive branch. The
attorney general is made the state's "chief legal officer"
and, in addition to the duties presently granted, he is
given authority to supersede, for cause and when neces-
sary for the interest of the state, any attorney represent-
ing the state in a civil or criminal proceeding.

The revision of this Section will serve to void the ruling
in Kemp v. Stanley, 204 La. 110, 15 So. 2d 1 (1943)
which limited the authority of the attorney general to
intervene in legal matters in which the state has an
interest.
Section 9. Powers and Duties of the Treasurer
Section 9. There shall be a department of treasury headed
by the state treasurer who shall be responsible for the
custody, investment, and disbursement of the public funds
of the state. He shall report annually to the governor and
the legislature one month in advance of the regular session
on the financial condition of the state, and shall have such
other powers and perform such other duties as may be
authorized by this constitution or provided by statute.
Source: Art. IV, §l(a); Art. VI, §22(e) (1921).
Comment: Fiscal duties of the treasurer are set forth in
various articles and sections of the present constitution.
The treasurer is a constitutional member of the State
Highway Advisory Board and the Board of Liquidation
of State Debt.

The proposed section creates a treasury department to
be headed by a state treasurer. The treasurer is respons-
ible for the "custody", investment, and disbursement of
state funds. He is required to made an annual financial
report to the governor and the legislature.
Section 10. First Assistants

Section 10. Each statewide elected official, except the gov-
ernor and lieutenant governor, shall each appoint a first as-
sistant, subject to confirmation by the Senate, and may
remove him at his pleasure. The official shall submit such



appointment to the Senate in the same manner in which
the governor submits appointments, and shall be subject
to the same procedures and limitations in connection there-
with as are imposed upon the governor. The first assistant
shall possess the same qualifications as those required for
election to that office.

Source: La. Const. Art. V, §18; Art. VII, §55 (1921).
Comment: The 1921 Constitution permits a number of state-
wide elected officials to appoint and remove assistants
who, under certain conditions, have authority to perform
acts and duties of the elected officer.

The proposed section requires Senate confirmation of
the appointed assistants of the secretary of state, at-
torney general, and treasurer, with provision for their
removal at the pleasure of the appointing officer. The
first assistant is required to have the same qualifications
as are required for those elected to the office.
Section 11. Vacancy in Office of Governor
Section 11. The order of succession in the office of gover-
nor in the event of vacancy shall be (1) the elected lieute-
nant governor, (2) the elected secretary of state, (3) the
elected attorney general, (4) the elected treasurer, (5) the
presiding officer of the Senate, (6) the speaker of the House
of Representatives, and then as may be provided by statute.
Successors shall serve the remaining term for which the
governor was elected.
Source: La. Const. Art. V, §6 (1921).

Comment: The 1921 Constitution establishes the following
order of succession in case of vacancy in the office of
governor: lieutenant governor, president pro tempore of
the Senate, secretary of state acting until a president
pro tempore is elected.

In the proposed section the first priority in the event
of a vacancy in the office of governor is given to state-
wide elected officials, followed by legislative officers and,
thereafter, as the legislature may provide by law. Suc-
cessors aie to serve the unexpired term for which the
governor was elected.

Section 12. Vacancy in Office of Lieutenant Governor
Section 12. Whenever there is a vacancy in the office of
the lieutenant governor, the governor shall nominate a lieu-
tenant governor, who shall take office upon confirmation by
a majority vote of the elected members of each house of
the legislature.

Source: La. Const. Art. V, §9 (1921).

Comment: The 1921 Constitution provides that in the event
of a vacancy in the office of the lieutenant governor, the
president pro tempore of the Senate shall discharge the
duties of the office.

The proposed section requires that a vacancy in the
office of lieutenant governor be filled by an appointee
of the governor confirmed by the legislature.
Section 13. Vacancies in Other Statewide Elective Offices
Section 13. The order of succession in any other statewide
elective office, in the event of a vacancy in such office,
shall be the appointed first assistant in such office. Succes-
sors to such offices shall serve for the remainder of the
term for which the official was elected.
Source: La. Const. Art. V, §18; Art. VII, §56 (1921).
Comment: The 1921 Constitution provides that the attorney
general shall appoint a first assistant who, in case of a
vacancy in the office of attorney general, shall perform
the duties of the office until another attorney general
has been elected and qualified.

The 1921 Constitution also provides that statewide
elected officials, exclusive of the governor, lieutenant gov-
ernor, commissioner of agriculture, and register of the
state land office, are each authorized to appoint and re-
move an assistant who may perform duties of the office
when the elected official is absent or unable to act.

The proposed section provides that appointed first
assistants of elected officials, exclusive of the governor
and lieutenant governor, shall succeed to the elective
offices in the event of vacancies in these offices. As
successor, the assistant will serve the unexpired term for
which the official was elected.
Section 14. Other Vacancies

Section 14. (A) Where no other provision therefor is
made by this constitution, by statute, by local government
charged, or by ordinance, the governor shall have the power
to fill any vacancy occurring in any elective office. If, at
the time a vacancy occurs in such office, and the unex-
pired portion of the term of office is more than one year,
the vacancy shall be filled at an election within six months,
as may be provided by statute. The appointment provided



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for herein shall be effective only until a successor is duly
elected and qualified.

(B) Nothing in this Section shall be construed as chang-
ing the qualifications for the various offices involved, and
all appointments must be of persons who otherwise would
be eligible to hold offices to which appointed.
Source: La. Const. Art. Ill, §8; Art. V, §18; Art. VI, §§19.2,

26; Art. VII, §69; Art. X, §2; Art. XII, §§4, 7 (1921).
Comment: The 1921 Constitution contains a number of separ-
ate provisions and considerable procedural detail requiring
the governor to fill vacancies in particular offices. It
also contains a general provision allowing the governor
to make appointments not otherwise provided for in the
constitution.

The proposed section is a general provision which re-
quires the governor to fill vacancies in elective offices
if not otherwise provided for in the constitution, by
statute, by local government charter, or by ordinance.
Elections are to be held within a six-month period fol-
lowing the occurrence of a vacancy where the unexpired
term is longer than one year, and in any such case, the
governor is to make appointments only until a successor
is elected. Other procedures are to be determined by law.
Gubernatorial appointees to vacancies must possess the
same qualifications as required by law for persons elected
to the position.

Section 15. Definition of Vacancy

Section 15. A vacancy as used in this constitution shall
occur in the event of death, resignation, removal by any
means, or the failure to take office for any reason.
Source: New

Comment: The proposed section provided a general state-
ment that a vacancy occurs only in the event of death,
resignation, removal by any means, or failure to take of-
fice.

Section 16. Declaration of Disability

Section 16. Whenever a statewide elective official trans-
mits to the presiding officer of the Senate and the speaker
of the House of Representatives a written declaration that
he is unable to discharge the powers and duties of the office
and until he transmits to them a written declaration to the
contrary, the person succeeding to the office in the event of
a vacancy shall assume the powers and duties of the office
as acting official.

Source: La. Const. Art. V, §§6, 18 (1921).

Comment: The 1921 Constitution provides that in case of
the inability of the governor to act, the powers and du-
ties of his office shall devolve upon the same officers
who succeed to governorship in the event of a vacancy.
Successors act until the inability of the governor is re-
moved.

The 1921 Constitution also provides that the statewide
elective officers who are authorized to appoint assistants
may direct the assistants to carry out duties of the
office in event of the official's inability to act.

The proposed section applies to all statewide elected
officials. It allows each official to make an official de-
claration of his inability at the time it commences and at
the time it ceases. The constitutionally named succes-
sor acts for the official during the period of inability.

The proposed section is similar to disability provisions
of the federal constitution. (Amendment XXV, § 3)
Section 17. Determination of Inability

Section 17. (A) Whenever a majority of the statewide
elected officials determine that any other such official is
unable to discharge the powers and duties of his office, they
shall transmit to the presiding officer of each house of the
legislature and to such official, and shall file in the office
of the secretary of state, their written declaration that such
official is unable to exercise the powers and perform the
duties of his office. Thereafter the constitutional successor
shall assume the office as acting official unless, within
forty-eight hours after such filing in the office of the secre-
tary of state, such official files in said office and transmits
to said presiding officers his written counter-declaration
that he is able to exercise such powers and perform such
duties.

(B) The legislature shall convene at noon on the third
calendar day after the filing of any counter-declaration,



which may be filed by such official at any time. Should
two-thirds of the elected members of each house of the
legislature fail to adopt a resolution within seventy-two
hours declaring that probable justification for the determina-
tion that inability exists, such officer shall continue or re-
sume 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 constitu-
tional successor shall assume the powers and duties of the
office and such resolution shall be transmitted forthwith to
the Supreme 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 recon-
sideration, determine that no inability then exists, where-
upon such officer shall immediately resume the powers and
duties of his office.

Source: New

Comment: The proposed section, similar to inability provi-
sion of the federal constitution (Amendment XXV, § 4)
provides a procedure whereby the inability of statewide
elected officials can be determined.

The procedure is initiated by a written declaration by
the elected officials acting in concert, and the officer
declared disabled has the privilege of responding to their
declaration. If there is a difference of opinion about
the cessation of the disability, the legislature may re-
solve by a two-thirds vote that "probable cause" for in-
ability exists, and the issue shall then be finally decided
by the state supreme court both initially and on recon-
sideration.

Section 18. Absences

Section 18. In the event of a temporary absence of the
governor from the state, the lieutenant governor shall act
as goveinor. In the event of a temporary absence of a state-
wide elected official from the state, the appointed first as-
sistant shall act in his absence.
Source: La. Const. Art. V, §§6, 18 (1921).

Comment: The 1921 Constitution provides that during ab-
sences of the governor, the powers and duties of the office
shall devolve upon persons named as successors to the
office in case of a vacancy. An 1874 Louisiana case held
that "the absence must be such as would affect injurious-
ly the public interest" before powers and duties would
devolve on the lieutenant governor. The 1921 Constitution
also provides that other named statewide elected offi-
cials may appoint assistants who then "shall" act for
them during their absences.

The proposed section provides that constitutionally
named successors are required to act on behalf of the
elected officials, whether or not so requested, when the
elected officers are temporarily absent.
Section 19. Dual Office-Holding; Prohibition
Section 19. (A) No person holding, under the government
of this state or any of its political subdivisions, any office
or employment of trust or any office or employment which
entitles him to any per diem, salary or other emolument of
office shall at the same time hold any other such office
or employment with the United States, any foreign power,
or any other state; nor shall any such person hold more
than one such office or employment with this state or any
of its political subdivisions.

(B) For purposes of this Section, the following shall not
be considered to be offices or employment described in
Paragraph (A) of this Section: (1) ex officio positions; (2)
notaries public; (3) those serving on boards, commissions,
and other instrumentalities performing only advisory func-
tions; (4) delegates to, as well as officials and employees
of, any constitutional convention; (5) members in the re-
serve of the armed forces and the national guard; and (6)
election commissioners.
Source: La. Const. Art. XIX, §4 (1921).

Comment: The proposed section prohibits any person hold-
ing a state or local office of employment or trust which
entitles him to a per diem, salary, or emolument from
holding any other such office or employment under the
United States, a foreign power, or any other state. A



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person is prohibited from holding more than one office
of trust or employment with the state or any of its poli-
tical subdivisions. Specific exceptions are listed.
Section 20. Code of Ethics; Board of Ethics
Section 20. (A) The legislature shall enact a code of
ethics prohibiting conflict between public duty and private
interests of all state employees and elected officials.

(B) The legislature shall create a board or boards of
ethics which shall investigate all allegations of violations of
such a code, and shall have such other powers and duties
consistent therewith as may be provided by statute.
Source: La. Const. Art. XIX, §27 (1921).
Comment: The proposed section mandates the legislature to
enact a code of ethics for state employees and elected
officials. Sections in the source provision stating a pre-
amble and declaration of policy have been deleted. Also
deleted are provisions naming specific boards and provi-
sions for appellate procedures.

Paragraph (B) requires the legislature to create a
board or boards of ethics to investigate violations of the
ethics code.

Section 21. Impeachment

Section 21. (A) Any state and district official, whether
elected or appointed, shall be liable to impeachment fo:
commission or conviction of felonies or malfeasance during
his term of office, or for gross misconduct.

(B) All impeachments shall be by the House of Represen-
tatives, and shall be tried by the Senate, whose members
shall be upon oath or affirmation for that purpose, and a
vote of two-thirds of the senators elected shall be necessary
to convict. The Senate may sit for said purpose whethei
the House be in session or not, and may adjourn as it
thinks proper. Conviction upon impeachment shall result in
immediate removal from office and shall prohibit the official
from holding any office under the government of this state
or any of its political subdivisions. Nothing herein shall be
construed to prevent any other action, prosecution, or
punishment authorized by statute.
Source: La. Const. Art. IX, §§1, 2 (1921).

Comment: The proposed section makes a number of changes
in the impeachment provisions of the 1921 Constitution.

In Paragraph (A) the grounds for removal have been
changed to include commission or conviction of felonies
or malfeasance during a term of office, or gross mis-
conduct. Eliminated are "high crimes and misdemeanor
in office", "incompetency", "corruption", "favoratism".
"extortion", "oppression in office", and "habitual drunk-
enness".

In (B> the phrase "and shall disqualify any judge or
district attorney, or attorney general from practicing
law" which appears in the 1921 provision has been de-
leted as has the provision that a supreme court judge
shall preside when the governor is on trial. Conviction
results in immediate removal from office and bars fu-
ture office holding.

Under the 1921 constitutional provision, officers are
suspended when impeachment proceedings are begun.
This provision has been deleted from the proposed sec-
tion.

Section 22. Reorganization

Section 22. The governor may propose to the legislature,
en or before the first day of any session, a plan of re-
allocation of the functions, powers, duties, and responsibil-
ities of all departments, offices, agencies, and other instru-
mentalities of the executive branch, except those functions,
powers, duties, and responsibilities allocated by this consti-
tution, among and within not more than twenty depart-
ments. The legislature, by a majority vote of the elected
members of each house, may disapprove such plan, but
may not substantively amend it.
Source: La. Const. Art. Ill, §32; Art. V, § 1 (1921).
Comment: The 1921 Constitution vests the power of re-
organization in the legislature. The proposed section
would give the governor constitutional authority to re-
allocate nonconstitutional executive functions, powers, du-
ties, and responsibilities into not more than 20 depart-
ments. The legislature could disapprove the governor's
plan by a majority vote of elected members, but could



substantively not amend it. The governor's plan would
have to be submitted on the first day of a legislative ses-
sion.

Section 23. Mandatory Reorganization

Section 23. The legislature shall allocate the functions,
powers, duties, and responsibilities of all departments, of-
fices, agencies, and other instrumentalities of the executive
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.
Source: New

Comment: The proposal for scheduling reorganization would
require the legislature to initiate a reorganization of the
executive branch into not more than 20 departments, ex-
clusive of constitutional powers and duties, on or before
18 months after the effective date of this constitution. The
governor cannot veto the allocation, but if the legisla-
ture fails to act, the governor can reorganize by execu-
tive order.

COMMITTEE REPORT WITH RESPECT TO COMMITTEE
PROPOSAL No. 5—

ARICLE IV. EXECUTIVE DEPARTMENT
Section 1. Public Service Commission

Section 1. (A) Composition: Term. There shall be a Public
Service Commission which shall consist of five members
elected at the time fixed for congressional elections from
separate districts as may be established by statute for over-
lapping terms of six years. The commission annually shall
elect a chairman from one of its members.
Source: La. Cor.st. Art. VI, §§3, 8 (1921).

Comment: The proposed revision changes the composition of
the Public Service Commission from three to five mem-
ers and retains the six-year term of office and time of
election. Staggered terms of the commissioners are to be
implemented by the legislature. Deleted are provisions
relating to conflict of interest, transition from Railroad
Commission of Louisiana to Louisiana Public Service
Commission, salary, expenses, employees, and domicile.
The present provision establishing three specific geo-
graphic districts to replaced with a provision for five new
districts as may be established by law. The commission
is to elect a chairman from one of its members.

(B) Powers and Duties. Except as otherwise provided by
this constitution the commission shall regulate all common
carriers and other public utilities. It shall adopt and enforce
reasonable rules, regulations, and procedures necessary for
the discharge of its duties, and shall have such other pow-
ers and perform such other duties as may be provided by
statute.

Source: La. Const. Art. VI, § 4 (1921).

Comment: The proposed revision shortens the present con-
stitutional provision. It provides no substantive change
except deletion of the prohibition against the commission's
jurisdiction over direct sales of natural gas to industry.
That prohibition is presently provided in La. R.S. 45:303.
The power of the commission to regulate common car-
riers and public utilities is limited by other applicable
constitutional provisions; under present constitutional
law, it is not so limited.

The phrase "common carriers and other public utili-
ties" is intended to include all carriers and utilities spe-
cifically enumerated in the present constitution.

(C) Limitation. The commission shall have no power to
regulate any class of common carrier or public utility
owned, operated, or presently regulated by the governing
authority of any one or more political subdivisions, except
by the consent of a majority of the electors voting in an
election held for that purpose; provided, however, that such
political subdivision may reinvest itself with such regula-
tory power in the same manner as it was surrendered.
Source: La. Const. Art. VI, § 7 (1921).

Comment: The revised section shortens but provides no
substantive change from the present constitutional pro-
visions.

(D) Decisions on Applications, Petitions, and Schedules.
(1) The commission shall render its final decision on ap-
plications, petitions, and proposed rate schedules within



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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 that 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.

Source: La. Const. Art. VI, §§5, 6 (1921).

Comment: The 1921 Constitution provides that orders of the
Public Service Commission establishing common carrier
.or public utility rates shall go into effect when fixed by
the commission and remain until set aside by the com-
mission or the courts. Conditions for issuance of tem-
porary restraining orders are given. Orders of the com-
mission are enforced subject to constitutional penalties.

The proposal provides that rate schedules become ten-
tatively approved, subject to statutory bond or security
requirements, if the commission does not act within six
.months from the time the schedule is filed. If the com-
mission fails to act within 12 months, persons affected by
rate schedules may intervene and file suit as if the de-
cision had been rendered. If the commission disapproved
the rate schedule, the rates may be placed in effect un-
der bond or security pending judicial review. Refund suits
may be filed only within one year after court action. There
are no penalty provisions in the proposed revision.
(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.
Source: La. Const. Art. VI, §5 (1921).

Comment: The 1921 Constitution provides that appeals from
orders and decrees of the Public Service Commission
shall be filed with the Nineteenth Judicial District Court
and thereafter directly with the Louisiana Supreme Court.
Provisions in the present source relating to trial proce-
dures, delays, and bond requirements when the commis-
sion appeals have been deleted from the proposed revi-
sion. Otherwise, no substantive changes have been made
from the present constitutional provision.

COMMITTEE REPORT WITH RESPECT TO COMMITTEE
PROPOSAL No. 6—

ARTICLE V. JUDICIARY DEPARTMENT

Section 1. Judicial Power

Section 1. The judicial power shall be vested in a su-
preme court, courts of appeal, district courts, and such other
courts as this constitution may authorize.

Section 2. Needful Writs, Habeas Corpus, Orders and Pro-
cess

Section 2. A judge may issue a writ of habeas corpus
and all other needful writs, orders and process in aid of the
jurisdiction of his court. Exercise of this authority by a
judge of the supreme court or court of appeal is subject to
review by the whole court. The power of a court to punish
for contempt shall be limited by law.

Section 3. Supreme Court; Membership; Terms

Section 3. The supreme court shall be composed of a chief
justice and six associate justices, four of whom must con-
cur to render judgment. The term of a judge of the supreme
court shall be fourteen years.

Section 4. Supreme Court; Districts

Section 4. The state shall be divided into at least six



supreme court districts, with at least one judge elected from
each. The present districts and the number of judges as-
signed to each are retained, subject to change by a two-
thirds vote of the elected members of each house of the
legislature.

Section 5. Supreme Court; Supervisory, Original, and Ap-
pellate Jurisdiction; Rule-Making Power; Assignment of
Judges

Section 5. (A) The supreme court has general supervi-
sory jurisdiction over all other courts. It may promulgate
procedural and administrative rules not in conflict with
law. It may assign a sitting or retired judge to another
court.

 Creation: Powers. There is created a body
corporate, known as the Board of Supervisors of Louisiana
State University and Agricultural and Mechanical College,
which subject to the powers vested in the Board of Regents,
shall supervise and manage the institutions and statewide
agricultural and other programs administered through the
Louisiana State University and Agricultural and Mechani-
cal College system.

(Bl Membership: Terms. The members of the board shall
be appointed by the governor, with the consent of the
Senate, for overlapping terms of six years following initial
terms which shall be fixed by law. Two of the members
shall be residents of each of the congressional districts
into which the state is divided, and one member shall be
from the state at large.

(C) Vacancies. A vacancy occurring prior to the expira-
tion of the term shall be filled for the remainder of the
unexpired term by appointment by the governor, with the
consent of the Senate.
Source: La. Const. Art. XII, §§7. 25 (1921).
Comment: Revises Section 7A of Article XII. Changes the
term of office of members of the board from 14 years to
six years and provides that all members shall serve
overlapping terms of that duration following the initial
terms which shall be fixed by law. Deletes the provision
that the governor shall be an ex officio member of the
board.

Provides that the board shall, subject to power vested
in the Board of Regents, supervise and manage the Lou-
isiana State University system.

Requires the governor to appoint, with senate consent,
the members of the board consisting of two from each
congressional district and one from the state at large.
Provides that the governor fill vacancies.



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Section 10. Minority Representation
Section 10. An appropriate number of citizens from the
predominant minority race of the state shall be included
on the State Board of Elementary and Secondary Education,
the Board of Regents, the Board of Supervisors of Louisiana
State University and Agricultural and Mechanical College,
the Board of Trustees for State Colleges and Universities,
and any other board created pursuant to this Article.
Source: New

Comment: Requires appropriate representation from the pre-
dominant minority race of the state on all boards afore-
mentioned and any board created pursuant to this Article.
Section 11. Boards; Dual Membership Prohibited
Section 11. No person shall be eligible to simultaneously
serve on more than one board created by or pursuant to
this Article.
Source: New

Comment: The proposed provision prohibits dual member-
ship on boards responsible for public education.
Section 12. Parish School Boards; Parish Superintendents
Section 12. (A) Parish School Boards. The legislature
shall create parish school boards and shall provide for the
election of the members of such boards.

(B) Parish Superintendents. Each parish board shall elect
a superintendent of parish schools. The State Board of
Elementary and Secondary Education shall fix the qualifi-
cations and prescribe the duties of the parish superinten-
dent, who need not be a resident of the parish in which
he serves.

Source: La. Const. Art. XII, §10 (1921).

Comment: Revisies the present provision. Deletes the last
sentence which provides that where parishes contain a
municipality with a population in excess of one-half of
the population of the entire parish, it shall have re-
presentation proportionate to its population on the parish
board.
Section 13. Recognition of Existing Boards and Systems;
Consolidation

Section 13. (A) Recognition of Boards and Systems. Parish
and city school board systems, in existence on the effective
date of this constitution, by virtue of special or local legis-
lative acts or previous constitutional provisions, are hereby
recognized, subject to control by and supervision of the
State Board of Elementary and Secondary Education and
the power of the legislature to enact laws affecting them.
(B) Consolidation. Two or more school systems may be
consolidated under procedures enacted by the legislature,
subject to approval of a majority of the qualified electors
voting in each system affected in an election called for
that purpose.

Source: La. Const. Art. XII, §11 (1921).

Comment: Rewords the present provision without substantive
change.

Provides for the consolidation of two or more school
systems subject to procedures prescribed by the legislature
and approval of a majority of the electors voting in a
election for that purpose.
Section 14. Appropriations; Boards

Section 14. The legislature shall appropriate funds for
the operating and administrative expenses of the boards
created pursuant to this Article.
Source: La. Const. Art. XII, §8 (1921).

Comment: Revises the present provision by requiring the leg-
islature to provide funds for the operation and adminis-
tration of the boards.

The present provision prohibits the State Board ot
Education to create or maintain administrative depart-
ments in which salaries or expenses are payable from
state funds, unless authorized by the legislature.

Deletes the requirement that the legislature shall pre-
scribe the terms under which funds offered for educa-
tional purposes shall be received and disbursed.
Section 15. Appropriations; Higher Education
Section 15. Appropriations for the institutions of higher
education and post-secondary vocational-technical training
and career education shall be made to their respective man-
aging boards. The appropriations shall be administered by
the managing boards and used solely for the operations
of the institution for which designated in the appropriations.
Source: La. Const. Art. XII, §9 (1921).



Comment: Revises that part of Section 9 dealing with ap-
propriations. Proposed provision requires appropriations
for the institutions of higher education and post-secondary
vocational-technical training and career education to be
made to their respective board for the use of the institu-
tion for which designated.

Section 16. Funding; Elementary and Secondary Schools;
Apportionment

Section 16. (A) State Funds. State funds for the support
of the public schools of elementary and secondary levels
shall be derived from the sources and shall be apportioned
to the parish and city school boards in the manner here-
inafter set forth:

First: After dedication of annual amounts required by
his constitution to be deducted from the first moneis avail-
able to the State Severance Tax Fund, and after deduction
of not to exceed five hundred thousand dollars per annum
to pay for the costs of collecting this tax and administering
the laws pertaining to the conservation of the natural re-
sources of the state, out of the first moneis comprising the
residue then existing in the fund, the legislature shall ap-
propriate funds to supply free school books and other mater-
ials of instruction prescribed by the State Board of Elemen-
tary and Secondary Education. After July first of each year,
the state treasurer shall set up a fund for the payment
of the amounts set forth in Paragraph (A) of this Section.
When sufficient funds have accumulated in the fund for
the payment of the moneis required for the purposes above
mentioned including school books and materials of in-
struction, then, before the tenth day of each month, the
state treasurer shall transfer to a fund in the state treasury
designated as the State Public School Fund such balances
as have accrued.

Second: The proceeds of particular taxes now or here-
after levied by the legislature and dedicated, appropriated,
or otherwise made available to the State Public School
Fund or for the support of public schools.

Third: Such other funds as the legislature has provided
or hereafter provides for the support of public schools.

(B) Allocation of Funds. The funds specified in Para-
graph (A) hereof shall be apportioned as follows:

(1> Minimum program. There shall be appropriated from
the State Public School Fund and from the State General
Fund sufficient funds to insure a minimum program of
education in all public elementary and secondary schools.
The minimum program of education to be maintained in
all parish and city school systems shall be established by
the State Board of Elementary and Secondary Education.
The board shall adopt formulas and procedures for the
distribution of these funds to the several school boards.

<2> Other state funds. Any other funds provided by the
legislature for the support of public schools shall be ap-
portioned and distributed in accordance with a formula es-
tablished by the State Board of Elementary and Secondary
Education, except as otherwise specifically provided for by
the law appropriating the funds.

(3) Other funds. Any funds for public education from
any other source shall be distributed in the manner deter-
mined by the State Board of Elementary and Secondary
Education subject, however, to the terms of the laws gov-
erning such funds or the lawful stipulations of the source
of the funds.

(C) Local Funds. The local funds for the support of
elementary and secondary public schools shall be derived
from the following sources:

First: Each parish school board, the parish of Orleans
excepted, and no other parochial or municipal authority,
except as otherwise specifically provided for in this consti-
tution, shall levy annually an ad valorem maintenance tax
of five mills, or as much thereof as is necessary, on all
property subject to such taxation within the parish.

Second: The provisions of Paragraph (C) First above
shall not apply to property within a municipality which
is exempt from parochial taxation. In lieu of that the govern-
ing authority of each of these municipalities shall levy a
tax annually and shall collect and pay, to the parish school
board in which such municipality is situated, out of the
proceeds of the general ad valorem tax for municipal pur-
poses, such an amount as shall equal the rate of five mills
levied hereunder by the parish school board.

The provisions of Paragraph (C( First shall not apply
to municipalities which under constitutional or legislative
authority are actually operating, maintaining, and support-
ing a separate city system of public schools. In lieu of such
tax, however, the school board in each such municipality



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llth Days Proceedings— July 6, 1973



shall levy an annual tax of five mills on the dollar on the
assessed valuation of all property within the municipality.
The proceeds thereof shall be used exclusively for the sup-
port of the public schools.

Third: The Orleans Parish School Board shall levy annual-
ly a tax not to exceed thirteen mills on the dollar on the
assessed valuation of all property within the city of New
Orleans assessed for city taxation and shall certify the
fact to the governing authority of the city. The governing
authority shall cause said tax to be entered on the tax
rolls of the city and collected in the manner and under
the conditions and with the interest and penalties prescribed
by law for city taxes. The money thus collected shall be
paid daily to the Orleans Parish School Board.

Fourth: For giving additional support to the public ele-
mentary and secondary schools, any parish, school district,
or subschool district, or any municipality which supports
a separate city system of public schools may levy ad valorem
taxes for specific purposes, when authorized by a majority
of the electors voting in the parish, municipality, district,
or subdistrict, in an election called for the purpose. The
amount, duration, and purpose of such taxes shall be in
accord with any limitations imposed by the legislature. No
such tax shall be levied for a period longer than ten years,
except that any tax levied to pay the costs of bonds or
other debts incurred shall be levied and collected until
the principal and interest on the bonds or other debts have
been paid.

Fifth: The legislature may provide for additional sources
of local support for elementary and secondary schools.

(D) Monroe, Bogalusa: Treatment as Parishes. For the
effects and purposes of the provisions of this entire Section,
the municipalities of Monroe, in Ouachita Parish, and Bog-
alusa in Washington Parish, and no other, shall be regarded
as, and treated upon the same basis and shall have the
same authority as though they were separate parishes in-
stead of municipalities.

(E) Ouachita Parish. The school board of Ouachita Parish
shall not be required to pay to the city of Monroe out of
the public funds any per capita for children residing with-
out the limits of said city and who may attend the schools
maintained by the city of Monroe under its legislative
charter.

Source: La. Const. Art. XII, §§8, 14, 15 (1921).

Comment: Revises Sections 14 and 15 of the present constitu-
tion. Deletes Section 14 First because of obsolescence.
Stipulates the sources and apportionment of funds for
public elementary and secondary schools. Sources: (1)
The legislature shall appropriate funds, for free school
books and materials of instruction, from the residue of
the State Severance Tax Fund. The appropriation shall
be made after a deduction of an amount annually dedicat-
ed from the first monies of the fund, and after a deduc-
tion of an amount, not in excess of $500,000, for the
costs of collecting the tax and administering the laws
pertaining to the conservation of natural resources. The
state treasurer shall set up a fund for the payment of the
amounts set forth and shall establish the State Public
School Fund. (This dedication of funds shall be removed
if no dedications of funds are involved in the proposed
constitution) .

(2) Proceeds from taxes levied by the legislature, de-
dicated, appropriated, or otherwise made available to and
for the support of public schools.

(3) Other funds provided by the legislature, or other
sources. This provision revises that portion of Article
XII, §8 of the present constitution which says that the
legislature shall prescribed the terms under which funds
offered for educational purposes shall be received and
disbursed. The funds set forth in Paragraph A hereof
shall be apportioned by the formulas, procedures, and
manner established by the State Board of Elementary and
Secondary Education except as otherwise specifically pro-
vided by the law or sources of the funds.

(4) Local funds shall be derived in the manner pic-
scribed by law allowing the levy of taxes for that pur-
pose in the parishes and municipalities.

Retains the present provision which regards Bogalusa
and Monroe on the same basis and gives them the same



authority in respect to this Section as though they were
separate parishes.
Retains the present provision, Art. XII, Section 15
Seventh which exempts Ouachita Parish from the payment
of per capita contributions for children living in the
parish but attending city schools.
Section 17. Tulane University

Section 17. The Tulane University of Louisiana, located
in New Orleans, is hereby recognized as created and to
be developed in accordance with provisions of the Legis-
lative Act No. 43 approved July 5, 1884.
Source: La. Const. Art. XII, §24 (1921).
Comment: Retains the present provision without change.

COMMITTEE REPORT WITH RESPECT TO COMMITTEE
PROPOSAL No. 8—

ARTICLE VI. LOCAL GOVERNMENT
Section 1. Parishes; Ratification of Boundaries, Creation.
Consolidation, and Dissolution

Section 1. (A) All parishes and their boundaries as es-
tablished under existing law are recognized and ratified.

(B) The legislature shall provide by general law for the
creation, consolidation, or dissolution of parishes under the
limitations hereinafter provided. No new parish shall con-
tain less than six hundred and twenty-five square miles,
or less than fifty thousand inhabitants, and no parish shall
be reduced below that area or number of inhabitants.
Source: La. Const. Art. XIV, §§1, 4 (1921).
Comment: Paragraph (A) ratifies existing parish boundaries.
Paragraph (B) increases the population requirement for
creation of new parishes from 7,000 to 50,000 inhabitants.
Section 2. Change of Parish Lines; Election
Section 2. Before taking effect any law changing parish
lines, consolidating parishes, dissolving parishes, or creating
new parishes shall be submitted to the electors of the par-
ishes to be affected at a special election held for that pur-
pose. The change shall take effect only if two-thirds of the
total vote cast on the question in each affected parish
is in favor thereof.

Source: La. Const. Art. XIV, §§2, 4 (1921).
Comment: The proposed section provides for consolidation,
dissolution, changing parish lines, and creation of new
parishes only after approval by a two-thirds vote of the
electors voting on the question in each affected parish.
The source provides that parishes may be dissolved and
merged by a two-thirds vote of the electors voting on the
question in the parish to be dissolved and approval by a
majority vote of the electors voting on the question in
the parish or parishes into which the dissolved parish is
to become incorporated.
Section 3. New or Enlarged Parishes; Adjustment of As-
sets and Liabilities

Section 3. When a parish is enlarged or created from con-
tiguous territory, it shall be entitled to a just proportion of
the property and assets and shall be liable for a just pro-
portion of the existing debts and liabilities of the parish
or parishes from which the territory is taken.
Source: La. Const. Art. XIV, §5 (1921).

Comment: The proposed section is a restatement of the
source provision and makes no change in the law.
Section 4. Change of Location of Parish Seat
Section 4. Upon the written petition of not less than
twenty-five percent of the electors, as certified to by the
registrar of voters, the governing authority of a parish shall
call an election on the question of changing the location of
the parish seat. The location of a parish seat shall not be
changed unless two-thirds of the total vote cast on the ques-
tion is in favor thereof.
Source: La. Const. Art. XIV, §2 (1921).

Comment: The proposed section retains the requirement of
a two-thirds approval by the electors voting at a special
election to effect a change in the location of the parish
seat and adds the method by which said election shall
be called.
Section 5. Municipalities; Incorporation, Consolidation,
Merger, and Government

Section 5. The legislature shall provide by general law
for the incorporation, consolidation, merger, and government
of municipalities. No special law shall be enacted to create
a municipal corporation or to amend, modify, or repeal its
charter; however, if a municipality is operating under a
special legislative charter it may be amended, modified, or
repealed by special law as long as such municipality con-
tinues to operate under such charter.
Source: La. Const. Art. XIV, §§10, 40 (1921).
Comment: The proposed section authorizes the legislature to



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llth Days Proceedings — July 6, 1973

provide for incorporation, consolidation, mereger and giv-
ernment of municipalities only by general law. The source
provision prohibiting the enactment of special laws to af-
fect the charter of a municipality is retained without
substantive change.

Section 6. Except as provided in this constitution, the
Section 6. Excapt as provided in this constitution, the
legislature may classify parishes or municipalities accord-
ing to population or on any other reasonable basis related
to the purpose of this classification, and legislation may
be limited in its effect to any of such class or classes;
provided, however, no statute which is applicable to fewer
than six parishes or municipalities shall become operative
in any such parish or municipality until approved by ordi-
nance enacted by the governing authority of the parish or
municipality.

Source: La. Const. Art. XIV, §22 (1921).

Comment: (a) Under the source provision, legislation appli-
cable to fewer than the five largest citirs of the state
would not become operative in the city of New Orleans
until approved by a majority of the electors of that city
voting on the question.

(b) The revision deals with laws which classify either
parishes or municipalities and provides that if a law is
applicable to fewer than six parishes or municipalities,
the law becomes operative in the parish or municipality
to which it applies only if approved by the governing au-
thority of the parish or municipality. Thus, the law be-
comes operative in a municipality or parish where it is
approved, even if it does not become operative in others.
Section 7. Existing Home Rule Charters and Plans of
Government of Parishes and Municipalities Ratified

Section 7. (A) The plans cf government and home rule
charters of the parishes of East Baton Rouge, Jefferson,
and Plaquemines and of the cities of New Orleans, Baton
Rouge, and Shreveport shall remain in effect, and may be
amended, modified, or repealed as provided therein. Each
of them shall retain the authority, powers, rights, privileges,
and immunities granted by its charter. Each shall be
subject to the duties imposed by the applicable constitu-
tional provisions under which its plan or charter was
adopted. Each of them also shall enjoy such additional
powers and functions as are granted to local governmental
subdivisions by provisions of this constitution, including Sec-
tions 8 and 10 of this Article, unless the exercise of such
powers and functions is prohibited by its charter.

(B) Every other home rule charter adopted or autho-
rized when this constitution is adopted shall remain in ef-
fect and may be amended, modified, or repealed as pro-
vided in the charter.
Source: La. Const. Art. XIV, §§3 (a), 3(c), 3 (second d), 22,

37 (1921).
Comment: (a) The source provisions provide in detail for
the establishment and operation of the plan of govern-
ment for the parishes of East Baton Rouge and Jefferson,
and the cities of Baton Rouge, New Orleans, and Shreve-
port. Since the source provisions provide for purely local
matters, it is not necessary to include the detailed pro-
visions in the text of the constitution.

(b) Under Const. Art. XIV, §3 (second d), detailed pro-
cedures are set out for the adoption of a charter com-
mission form of parish government. Such a plan of gov-
ernment has been adopted in Plaquemines Parish and
is specifically ratified in this Section.

(c) The proposed section authorizes existing home
rule charter local governments to exercise the powers and
functions granted in proposed Sections 8 and 10 of this
Article, relative to powers and functions of other local
governmental subdivisions and home rule charter gov-
ernments adopted under the provisions of proposed Sec-
tion 10, unless the exercise thereof is prohibited by its
charter.

(d) Paragraph (B) gives effect to any home rule char-
ter adopted or authorized but not effective on the effec-
tive date of the new constitution.

Section 8. Home Rule Charter

Section 8. (A) Any local governmental subdivision may
draft, adopt, or amend a charter of government to be known
as a home rules charter in accordance with the provisions



of this Section. The governing authority of any such local
governmental subdivision may appoint a commission to pre-
pare and propose a charter, or may call an election for the
purpose of electing such a commission.

(B) The governing authority of any such local govern-
mental subdivision shall call an election to elect a commis-
sion to prepare and propose a charter or alternate charter
when presented with a petition signed by not less than fif-
teen percent of the electors who live within the boundaries
of the affected subdivision, as certified by the registrar of
voters.

(C) A home rule charter shall be adopted when approved
by a majority of the electors who vote on the charter pro-
posal at an election called for that purpose.

(D) Two or more local governmental subdivisions situated
within the boundaries of one parish may avail themselves
of the provisions of this Section, provided that a majority
of the electors in each affected local governmental subdivi-
sion who vote in an election held for that purpose vote in
favor thereof. The legislature shall provide for the method
of appointment or election of a commission to prepare and
propose such a charter consistent with Paragraph A of this
Section; provided, however, that at least one member of the
commission shall be elected or appointed from each affected
local governmental subdivision. The legislature shall provide
the method by which the electors of more than one local
governmental subdivision within the boundaries of one par-

I ish may petition for an election for such purpose consistent
with Paragraph B of this Section.

(E) A home rule charter, or any amendment thereto,
adopted pursuant to the provisions of this Section, shall pro-
vide for the structure, organization, powers, and functions

'for the government of the local governmental subdivision,
which may include the exercise and performance of any
\ power and function necessary, requisite, or proper for the
j management of its affairs, not denied by general law or this
! constitution; provided, however, the legislature shall not
pass any law the effect of which changes, modifies, or af-
fects the structure, organization and/or the particular distri-
bution and redistribution of the powers and functions of any
local governmental subdivision which operates under a home
rule charter. Each of them shall also enjoy such additional
powers and functions as are granted to local governmental
subdivisions by provisions of this constitution, including
Section 10 of this Article, unless the exercise of such powers
and functions is prohibited by its charter.
Source: La. Const. Art. XIV, §40 (1921).

Comment: (a) The source required the legislature to enact
general laws under which a municipality could adopt a
home rule charter (see R.S. 33:1381 et seq).

i b) The proposed section authorizes a local govern-
mental subdivision or two or more local governmental
subdivisions to draft, adopt, or amend a home rule char-
ter form of government if approved by a majority of the
electors voting on the question.

(c) A method whereby electors may petition the gov-
erning authority to prepare a charter is provided in the
revision and is new.

(d) A local governmental subdivision is authorized
to provide for its structure, organization, powers, and
functions in its home rule charter, to include any power
and function necessary, requisite, or proper for the man-
agement of its affairs, not denied by general law or the
constitution.

(e) The proposed section authorizes home rule charter
local governments created under this Section to exer-
cise the powers and functions granted in the new con-
stitution, particularly those in Section 10 of this Article,
relative to powers and functions of other local govern-
mental subdivisions, unless the exercise thereof is pro-
hibited by its charter.

Section 9. Home Rule Parish; Incorporation of Cities,
Towns, and Villages

Section 9. When two-thirds of the electors as certified by
the registrar of voters of an unincorporated settlement in
any parish operating under a home rule charter or a home
rule plan of government sign and present to the governor a
petition and meet other necessary requirements as set
forth under the general laws providing for the incorpora-
tion of cities, towns, and villages, such cities, towns, and vil-
lages may be incorporated; provided, however, no such new-
ly incorporated area shall include any property previously
included in any industrial area or district.
Source: New
Comment: The proposed section authorizes the incorporation



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llth Days Proceedings— July 6, 1973

of settlements in parishes operating under a home rule
charter or home rule plan of government. The Revised
Statutes set forth the requirements that must be met
before incorporation is possible (R.S. 33:32-33, 51-52).

Section 10. Powers of Other Local Governmental Sub-
divisions

Section 10, (A) Any local governmental subdivision may-
exercise and perform any power and function necessary, re-
quisite, or proper for the management of its affairs not
denied to it by its charter, by this constitution, or by
general law, including but not limited to the power (1) to
legislate upon, regulate, conduct, and control all matters of
local governmental administration; (2) to define the powers,
duties, and qualifications of parochial or municipal employ-
ees; (3) to provide for the protection of the public health,
safety, morals, and welfare; (4) to create special districts;
(5) to license; (6) to tax under the limitations provided in
this constitution or the general laws of this state; (7) to
incur debt and issue bonds, except as otherwise provided
in this constitution.

(B) Any local governmental subdivision may exercise con-
currently with the state any power or function pertaining
to its government and affairs to the extent that the legisla-
ture by general law does not specifically limit the concur-
rent exercise of any such power or functions or specifically
declare the state's exercise of any such power or function
to be exclusive except as provided in this Article

(C) Powers and functions of local governmental sub-
divisions shall be construed liberally in favor of such local
governmental subdivisions.

Source: New

Comment: (a) The provisions in the proposed section grant
broad powers of local self-government to local govern-
mental subdivisions which do not operate under a home
rule charter. The grant of powers is accomplished in
two ways. First, local governmental subdivisions are
given general authority to exercise any power and per-
form any function relating to their government and
affairs not denied by its charter, this constitution, or
general law. Second, four important powers — to regulate,
to license, to tax, and to incur indebtedness — are enu-
merated in the powers given to local governmental sub-
divisions.

(b) Paragraph (B allows local governmental subdivi-
sions to exercise concurrent power with the state unless
such exercise is prohibited or limited by the legislature.

(c) For a similar provision see the Illinois Constitu-
tion. Art. VII. §6(a), 6(i), 6(m) (1970).

Section 11. Limitations of Local Governmental Subdivi-
sions

Section 11. Local governmental subdivisions do not have
the power (1) to incur debt payable from ad valorem tax
receipts maturing more than forty years from the time it
is incurred; (2) to define and provide for the punishment of
a felony; or (3) to enact private or civil ordinances gov-
erning civil relationships.
Source: New

Comment: (a) Enumerates three restrictions on the broad
grant of power grive local governmental subdivisions in
Section 10 of this Article.

(b) For a similar provision, see the Illinois Constitu-
tion. Art. VII, §6(d) and Model State Constitutions, Sixth
Edition (Revised), Art. VIII, §8.02 (1968).

Section 12. Local Officials

Section 12. The electors of each local governmental subdi-
vision shall have the exclusive right to elect the members of
their governing authority and, if a plan, or form of govern-
ment or home rule charter so provides, their chief executive
officer at elections held in accordance with the election
laws of the state. Such officials shall not be subject to re-
moval by the legislature. The salaries of these officials shall
not be reduced during the terms for which they are elected.
Source: La. Const. Art. XIV, §40 (b) (1921).
Comment: The proposed section letains the source provi-
sion but broadens it to include parish officials.

Section 13. Filling of Vacancies; Appointment

Section 13. (A) Vacancies occasioned by death, resigna-
tion, or otherwise, in the office of police juror, city council,
parish or municipal governing authority, or special district
thereof, mayor, and any other local official elected within



the boundaries of the local governmental subdivision, shall
be filled by appointment by the governing authority of the
local governmental subdivision, unless otherwise provided
14 of this Article.

of the affected local governmental subdivision, Vacancies in
the membership of city or parish school boards shall be
filled by appointment by the remaining members thereof.
A tie vote by the governing authority of the local govern-
mental subdivision or school board shall be broken by its
presiding officer regardless of the fact that he may already
have voted as a member of the appointing body.

(B) If, at the time a vacancy occurs in an elective office
for which appointment is provided in Paragraph A of this
Section, the unexpired portion of the term of office is more
than one year, a special election to fill the vacancy shall
be called by the governing authority, and held without the
necessity of a call by the governor, not more than six
months nor less than three months, after first receipt of
notice of the vacancy by the secretary of state, to be given
as hereinafter provided, in the local governmental subdivi-
sion or special district thereof in which the vacancy oc-
curred, and in such case the appointment provided for in
Paragraph A of this Section shall be effective only until
a successor is duly elected and qualified.

(C) Upon being informed of the occurrence of a vacancy
in any of the offices specified in Paragraph A of this
Section, the clerk or chief clerk of the district court in
the parish where the vacancy occurred, and in the parish
of Orleans the clerk or chief clerk of the criminal district
court, shall, within twenty-four hours after being thus in-
formed, notify the secretary of state in writing by registered
or certified mail of the occurrence of the vacancy. Upon
receipt of such notice, the secretary of state shall, within
twenty-four hours after such receipt, notify in writing by
registered or certified mail all election officials, including
party committees and boards of supervisors of elections,
having any duty to perform in connection with a special
election to fill such vacancy, of the occurrence of the
vacancy.

(D) Nothing in this Section shall be construed as chang-
ing the qualifications for the various offices involved and
all appointments must be of persons who would otherwise
be eligible to hold offices to which appointed.

(E) The provisions of this Section shall apply to all
local governmental subdivisions unless otherwise provided
by the home rule charter or the home rule plan of govern-
ment of the affected local governmental subdivision.

(F) Vacancies occasioned by death, resignation, or other-
wise in the office of sheriff, assessor, clerk of a district
court, or coroner shall be filled by appointment by the
governing authority of the parish at the time and in the
manner provided in Paragraphs (B) and (C) of Section
14 of this Article.

 Paragraph (B) gives municipalities the authority
to levy special taxes, subject to voter approval. This
would allow any municipality to levy a special tax,
subject to voter approval, for one or both of the enu-
merated purposes which is now deleted from the source
isee comment (a), supra).

(d) As in the source provisions, the limitation on
millage for the city of New Orleans is found in the
section on parish millage limits.
Section 32. Special Taxes; Ratified

Section 32. (A) Any special tax being levied by any
political subdivision under prior laws or the constitution
of this state when this constitution is adopted is hereby
confirmed and ratified.

(B) For the purpose of acquiring, constructing, improv-
ing, maintaining and operating any work of public improve-
ment, any political subdivision may levy special taxes when
authorized by a majority of the electors who vote in an
election held for that purpose.

Source: La. Const. Art. X, §§10, 10A, 23; Art. XIV, §11,

12. 14, 19. 23.1, 23.2, 23.5, 23.31, 23.42, 24.5, 25 (1921).

Comment: (a) Numerous special taxes are authorized under

the 1921 Constitution. The proposed section confirms and

ratifies these special taxes.

(b) The term special taxes in this Section refers to
the following taxes:

(I) The millage tax (five mills for one purpose
and 25 for all purposes) political subdivisions are
authorized to levy for public works. (Art. X, §10).
A similar provision may be found in the Revised
Statutes (R.S. 39:801).

<2> The eight mill tax a school district is autho-
rized to levy for schools (Art. X, §10). A similar
provision may be found in the Revised Statutes
(R.S. 39:801).

(3> The five mill tax municipalities are authorized
to levy for municipal services (Art. X, §10A). A similar
provision may be found in the Revised Statutes
(R.S. 39:802).

(4> The one mill tax municipalities and parishes
are authorized to levy for municipal, district, and
parish fairs (Art. XIV, §11). A similar provision may
be found in the Revised Statutes (R.S. 33:2701 et seq.).

(5) The one mill tax a municipality with 75,000
or more inhabitants is authorized to levy for three-
platoon police systems. (Art. XIV, §12).

(6) The one-half mill tax a municipality with be-
tween 15,000 and 30,000 inhabitants is authorized to
levy for municipal employees' retirement funds (Art.
Xrv, §12).

(7) The three mill tax New Orleans is authorized
to levy for maintenance of fire and police depart-
ments and increases in pay of officers and men in
in said department (Art. XIV, §25).

(8) The one mill tax certain parishes are authorized
to levy for capital outlay expenditures at Francis T.

Nicholls State College (Art. X, §23).

(9) The five mill tax political subdivisions are au-
thorized to levy for transportation and utility pur-
poses (Art. XIV, §19). A similar provision may be
found in the Revised Statutes (R.S. 39:781 et seq.).

(10 1 Various millage taxes New Orleans is autho-
rized to levy for sewerage, water, and drainage pur-
poses (Art. XIV, §§23.1, 23.2, 23.5, 23.31, 23.42, 24.5).

(II) Various millage taxes political subdivisions are
authorized to levy for school, road, sewerage, drain-
age, road lighting, fire protection, hospital service,
airport, recreation, and other enumerated purposes
(Art. XIV, §14). A similar provision may be found
in the Revised Statutes (R.S. 39:551 et seq.).

The above enumerated list may not be inclusive of



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llth Days Proceedings— July 6, 1973



all special taxes presently authorized in the 1921 Con-
stitution.

(c) Paragraph (B) retains the source provision (Art.
X, §10) authorizing political subdivisions to levy special
taxes, subject to voter approval, for public works.
Section 33. Political Subdivisions; Exclusive Authority to
Levy and Collect Ad Valorem Taxes

Section 33. Notwithstanding any provision contained in
Article , Section of this constitution to the con-
trary, the power of taxation shall not be exercised by the
legislature to levy an ad valorem tax upon any property
in the state, and such power shall be exclusively vested
in political subdivisions to be exercised as provided in this
constitution.
Source: New

Comment: (a) The proposed section vests in political sub-
divisions the exclusive authority to use the ad valorem
tax as a source of revenue.

(b) It prohibits the legislature from levying an ad
valorem tax.

Section 34. Local Governmental Subdivision; Occupational
License Tax

Section 34. Local Governmental Subdivisions; Occupational
an occupational license tax in an amount not greater than
that imposed by the state. Local governmental subdivisions
may impose an occupational license tax in an amount
greater than that imposed by the state when so authorized
by an act passed by at least a two-thirds vote of the elected
membership of each house of the legislature.
Source: La. Const. Art. X, §8 (1921).

Comment: (a) The proposed section retains the source,
except it eliminates certain classes of workers exempted
from the license tax in the source.

(b) The legislature may authorize, by a two-thirds
vote, a local governmental subdivision to levy a greater
license tax than imposed by the state.

Section 35. Local Governmental Subdivisions; Sales Tax
Authorized

Section 35. (A) Except as otherwise authorized in a home
rule charter provided for in Sections 7 and 8 of this Article,
local governmental subdivisions and school districts are au-
thorized to levy and collect a tax upon the sale at retail,
the use, the lease or rental, the consumption and storage
for use or consumption of tangible personal property, and
on sales of services, as defined by law; provided, however,
the rate thereof when combined with the rate of all other
presently imposed or future sales and use taxes, exclusive
of state sales and use taxes, levied and collected within
any local governmental subdivision shall not exceed three
percent.

(B) No tax authorized in Paragraph (A) of this Section
shall become effective until a proposition for the imposi-
tion thereof is submitted to the electors of the affected
local governmental subdivision and approved by a majority
of the electors who vote in the election held for that pur-
pose.

(C) The legislature shall have the authority by general
law to exempt or exclude any goods or tangible personal
property or services from any sales and use tax levied
by a local governmental subdivision; provided, however,
such exemptions or exclusions shall also apply to state sales
and use taxes.

Source: New

Comment: (a) The present authority for local governmental
subdivisions and school districts to levy sales and use
taxes is statutory (R.S. 33:2711 et seq). All munici-
palities are authorized to levy a one per cent sales
and use tax subject to voter approval. Certain enu-
merated municipalities are authorized to levy additional
sales and use taxes. Certain parishes are authorized to
levy a one per cent sales tax subject to voter approval.
All parish or city school boards are authorized to levy
a one per cent sales tax subject to voter approval.
Certain school boards are authorized to levy additional
sales taxes.

(b) This Section authorizes a local governmental sub-
division to levy a sales and use tax subject to voter
approval and subject to the limitation that the rate
of all sales taxes levied, exclusive of state sales taxes,



in any local governmental subdivision shall not exceed
three per cent. For example, this provision authorizes
a municipality to increase its sales tax rate, subject
to voter approval, up to a point where its rate com-
bined with the rate being levied by the parish and
school board would equal three percent. Presently three
percent is being levied in the cities of Baker, Baton
Rouge, and Zachary and the parishes of East Baton
Rouge and Orleans.

The legislature is authorized to exempt or exclude
property and services from the local sales tax pro-
vided the property and services are exempted or ex-
cluded also from the state sales tax.

Section 36. Bonds of Political Subdivisions; General Ob-
ligations

Section 36. The full faith and credit of every political
subdivision is hereby pledged to the payment of general
obligation bonds issued by it under this constitution or
the terms of the statute or proceedings pursuant to which
they are issued. The governing authority of the issuing
political subdivision shall levy and collect or cause to be
levied and collected on all taxable property in the political
subdivision ad valorem taxes fully sufficient to pay princi-
pal and interest and redemption premiums, if any, on such
bonds as they mature.
Source: La. Const. Art. XIV, §14, HlfCa). (b.2), (c.3), (d.l),

(d.2), (d.4), and (m) (1921).
Comment: (a) In some cases, the source provision sets
forth requirements for named political subdivisions to
insure that sufficient sums will be collected to pay
their bonded indebtedness. In other instances, no such
requirements are enumerated.

(b) This Section sets forth uniform requirements upon
political subdivisions to insure repayment of their bonds,
i ci General obligation bonds are defined as those
bonds, the principal and interest of which are secured
by and payable from ad valorem taxes levied without
limitation as to rate or amount see Paragraph (4) under
Section 50.

Section 37. Taxpayer Authorization of Ad Valorem Tax
Bonds of Political Subdivisions

Section 37. General obligation bonds may be issued only
subdivision issuing such bonds. Refunding bonds, even
though payable solely from ad valorem taxes, need not
be so authorized at an election if the indebtedness refunded
is paid or cancelled at the time of the delivery of the re-
funding bonds, or if money, or securities made eligible
for such purpose by law, are deposited in escrow in an
adequate amount, with interest, to be utilized solely for
the purpose of retiring the refunded indebtedness or bonds
and paying interest thereon and redemption premiums, if
any, to the time of retirement.
Source: La. Const. Art. XIV, §14, ITU (a), (b.2), (c.3), (f),

(g), (k), (1921).
Comment: (a) The source provision contains authority for
certain enumerated political subdivisions to incur debt
and issue bonds, with the requirement that such bonds
may be issued only after authorization by a vote of
a majority in number and amount of the property tax-
payers voting on the proposition. The proposed section
extends this requirement to all general obligation bonds
issued by political subdivisions and eliminates the prop-
erty taxpayer requirement for voting in bond elections,
(b) The source provision authorizes certain specified
political subdivisions to issue refunding bonds. The pro-
posed section extends such authority to all political
subdivisions and specifically provides that no election
is needed to issue such bonds, if at the time of de-
livery of the bonds the indebtedness refunded is paid
or cancelled or sufficient money or security is deposited
in escrow.

Section 38. Limitations on Bonded Indebtedness of Politi-
cal Subdivisions

Section 38. (A) General obligation bonds may be issued
by any political subdivision for any single purpose which,
including the existing bonds of such political subdivision
incurred for the same purpose and payable solely from ad
valorem taxes levied without limitation as to rate or amount,
shall not exceed in the aggregate ten percent of the as-
sessed valuation of property in the political subdivision,
to be ascertained by the assessment roll for the political
subdivision last completed prior to the delivery of such
bonds, except that as to both parishwide school districts
and other school districts, the limitation shall be twenty-


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llth Days Proceedings— July 6, 1973

five percent of the assessed valuation of property, and
except as to general obligation industrial development bonds,
such limitation shall be twenty percent of the assessed
valuation of property in the political subdivision.

(B) Any municipality financing and operating its own
schools and not located within a parishwide or other school
district shall be regarded as and treated on the same basis
for the purpose of debt limitation and shall have the same
authority for all purposes of this Section as though it were
such a school district.

(C) The legislature may increase the debt limitations
established in this Section by general or special law passed
by a two-thirds vote of the elected membership of each
house.

(D) Bonds and other debt obligations payable from
acreage taxes, sales and use taxes, excess revenues, special
assessments, or other special revenues shall not be con-
sidered to be bonds payable solely from ad valorem taxes
for all purposes of this Section.

Source: La. Const. Art. XIV, §14, IMKf), (f.l) (1921).

Comment: (a) The source provision provides that the politi-
cal subdivisions enumerated therein shall not incur debt
and issue bonds which, including the existing bonded
debt for such subdivision for such purpose, shall exceed in
the aggregate 10 percentum of the assessed valuation of
the taxable property of such subdivision. The limitation is
continued in the proposed section, except it is based on
property, not just taxable property, and it is made ap-
plicable to all political subdivisions.

(b) The source provision provides that the municipality
of Monroe shall be treated the same as the parishwide
school district or special school district. The proposed
section extends this treatment to any municipality that
finances and operates its own schools, without specifically mentioning the municipality of Monroe.

(c) The source provision increases the limitation for
parishwide school districts and special school districts
to 25 percent for specifically enumerated purposes. The
proposed section increases the limitation for such school
districts for all purposes.

(d) The proposed section retains the exception from
the above limits for bonds and other debt obligations
issued and secured by acreage taxes, sales and use taxes,
excess revenues, special assessments, or other special
revenues.

Section 39. Limited Time for Contesting Bonds of Political
Suvdivisions

Section 39. (A) For a period of sixty days from the pro-
mulgation of the result of any election held for the purpose
of incurring or assuming debt, issuing bonds, or levying a
tax, any person in interest shall have the right to contest the
legality of such election, the bond issue provided for, or the
tax authorized, for any cause; after which time no one
shall have any cause or right of action to contest the regu-
larity, formality, or legality of said election, tax provisions,
or bond authorization, for any cause whatsoever. If the
validity of any election, tax. debt assumption, or bond issue
authorized or provided for, held under the provisions of this
Section, is not raised within the sixty days herein prescribed,
the authority to incur or assume debt, levy the tax, or issue
the bonds, the legality thereof, and the taxes and other
revenues necessary to pay the same shall be conclusively
presumed to be valid, and no court shall have authority to
inquire into such matters.

(B) Every ordinance or resolution authorizing the issu-
ance of bonds or other debt obligation by a political sub-
division shall be published once in the official journal of
the political subdivision, or if there is none, then in a news-
paper having general circulation therein. For a period of
thirty days from the date of the publication any person in
interest may contest the legality of the ordinance or reso-
lution, the bonds or other debt obligation authorized there-
by, and of any provision therein made for the security and
payment of the bonds. After this time, no one shall have
any cause of action to test the regularity, formality, legality,
or effectiveness of the ordinance or resolution, bonds, or
other debt obligations, and provisions thereof for any cause
whatever; and after this time it shall be conclusive pre-
sumed that every legal requirement for the issuance of the



bonds or other debt obligation, including all things pertain-
ing to the election, if any, at which the bonds or other debt
obligation were authorized, has been complied with, and no
court shall have authority to inquire into any such matters
after the lapse of this thirty days.
Source: La. Const. Art. XIV, §14, U (a), (b.2), (g), (1), (m), a

(n) (1921).
Comment: (a) Paragraph (A of the proposed section makes
no change in the law.

(b) The source provision sets forth requirements similar
to those in Paragraph (B) of the proposed section for
specified types of bond issues. The proposed section ex-
tends the requirements to all types of bond issues or
debt obligations.

Section 40. Local Improvement Assessments
Section 40. (A) The legislature shall provide by special
or general law the procedures by which political subdivisions
levy and collect local or special assessments on real prop-
erty, for the purpose of acquiring, constructing, or im-
proving works of public improvement.

(B) Certificates of indebtedness may be issued to cover
the cost of any such public improvement which shall be se-
cured by the pledge of the local or special assessments levied
therefor, and may be further secured by the pledge of the
full faith and credit of the political subdivision.

(C) The governing authority of the political subdivision
Issuing certificates of indebtedness payable from sources
other than ad valorem taxes, and pledging its full faith
and credit to the prompt payment of the principal and
interest thereof, shall levy or cause to be levied on all tax-
able property in the political subdivision ad valorem taxes,
without limitation as to rate or amount, fully sufficient to
make up any deficit in the other sources of revenue
pledged to the payment of the certificates.

Source: La. Const. Art. X, §13; Art. XIV, §14, MI (a), (b.l),
(c.3), (d.D, (d.2,) (d.4), (e), (g). (i), (j), (k-l-b), (o)
(192H.
Comment: (a) Paragraphs (A) and (B) above are a restate-
ment of source Art. X, §13, and make no change in the law.
The provisions of this proposed section are moved from
the source article and placed in the proposed Article on
Local Government because this type of indebtedness is
an integral part of local improvement financing.

(b) Paragraph (C) above sets forth uniform require-
ments upon political subdivisions to insure repayment
of certificates of indebtedness. In some instances, the
source provision, Const. Art. XIV, §14, sets forth require-
ments for named political subdivision to insure that
sufficient sums will be collected to pay indebtednesses;
in other instances, no such requirements are enumerated.
Section 41 Revenue-Producing Property
Section 41. The legislature may authorize political subdi-
visions to issue bonds or other debt obligation for the pur-
pose of constructing, acquiring, extending, or improving
my n venue-producing public utility. The bonds or other
debt obligation may be secured by mortgage on the lands,
buildings, machinery, and equipment or by the pledge of the
income and revenues of such public utility; and shall not
be a charge upon the other income and revenues of the polit-
ical subdivision.
Source: La. Const. Art. XIV, §14, lHI(b.l), (b.2), (c), (d.D,

(d.2), (d.4), (e), (f), (f.l) (m) (1921)
Comment: The proposed section is a restatement of the
source provision.
Section 42. Ports

Section 42. All deep-water port commissions and all deep-
water port, harbor, and terminal districts as they are now
organized and constituted, including their powers and func-
tions, structure and organization, and territorial jurisdiction,
are ratified and confirmed and shall continue to exist, ex-
cept that:

(A) The legislature may diminish, reduce, or withdraw
from any such commission or district, including the Board
of Commissioners of the Port of New Orleans, any of its
powers and functions and may affect the structure, organi-
zation, distribution, and redistribution of the powers and
functions of any such commission or district, including its
territorial jurisdiction, only by act passed by at least a two-
thirds vote of the elected membership of each house;

(B) The legislature may by law grant additional powers
and functions to any such commission or district and may
create new port commissions or port, harbor, and terminal
districts by law; provided, however, in so doing the legisla-
ture shall not restrict or diminish the powers and functions,
structure and organization, or territorial jurisdiction of an



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llth Days Proceedings— July 6, 1973



established deep-water port except by at least a two-
thirds vote of the elected membership of each house;

(C) (1) Notwithstanding the provision of Paragraphs (A)
and (B) of this Section, the legislature shall by law pro-
vide for a change in the method of selection and composition
of the Board of Commissioners of the Port of New Orleans
and define its territorial jurisdiction.

(2) After the exercise of authority as provided in sub-
paragraph (1) above, the legislature may only affect the
Board of Commissioners of the Port of New Orleans as pro-
vided in Paragraphs (A) and (B) of this Section, except
that no change in the territorial jurisdiction of said port
shall affect the territorial jurisdiction of any other existing
deep-water port.

(3) In the event the legislature does not exercise the au-
thority granted in subparagraph (1) above within ten years
after the adoption of this constitution, the composition and
territorial jurisdiction of said board shall not be changed ex-
cept in compliance with Paragraphs (A) and (B) of this Sec-
tion.

Source: New

Comment: (a) The proposed section ratifies and confirms
all existing deep-water port commissions and all deep-
water port, harbor, and terminal districts.

(b) A two-thirds vote of each house of the legislature
will be needed in order to diminish or reduce any power
and function or affect the structure and organization or
territorial jurisdiction of an existing deep-water port.
However, the legislature will be able to grant additional
powers and functions and create new ports by a majority
vote.

(c) Within 10 years of the adoption of the new constitu-
tion, the legislature may change the territorial jurisdic-
tion and method of selection and composition of the
Board of Commissioners of the Port of New Orleans by
a majority vote. After the legislature makes any change
or if the legislature fails to act within 10 years, a two-
thirds vote of the legislature will be necessary to make
the above changes.
Section 43. Levee Districts
Section 43. (A) Levee districts as now organized and

constituted shall continue to exist, except that:

(1) The legislature may provide for the consolidation, di-
vision, or reorganization of existing levee districts or create
new levee districts; provided, however, the members of the
boards of commissioners of such districts shall be appointed
or elected from residents of such district;

(2) Any levee district whose flood control responsibilities
are limited to and which is situated entirely within the
boundaries of one parish may be merged and consolidated
into such parish under the terms and conditions and in the
manner provided in Section 18 of this Article. This provi-
sion shall be self-operative.

(B) No action taken hereunder shall impair the obligation
of any outstanding bonded indebtedness or of any other con-
tract of such levee district.
Source: New

Comment: 'a) Paragraph (A) provides for the continued exis-
tence of levee districts as now organized. It allows the
legislature to consolidate or reorganize existing levee
districts or create new districts, provided, the members
of the boards of commissioners must be residents of such
districts. It provides for the merger of a single-parish
district into a parish government.

(b) Paragraph (B) forbids the impairment of contracts
of any district.

Section 44. (A) For the purpose of constructing and main-
and Refunding Bonds; Increase in Tax to Raise Additional
Funds

Section 44. (A) For the purpose of contructing and main-
taining levees, levee drainage, flood protection, hurricane
flood protection and for all other purposes incidental thereto,
the governing authority of each district, may levy an-
nually a tax not to exceed five mills on the dollar, except
the Board of Levee Commissioners of the Orleans Levee Dis-
trict, which may levy annually a tax not to exceed two
and one-half mills on the dollar, on all taxable property sit-
uated within the alluvial portions of said district subject to
overflow.

(B) Should the necessity to raise additional funds arise



in any levee district for any of the purposes herein set
forth, or for any other purpose related to its authorized
powers and functions which may be specified by the legis-
lature, the tax herein authorized may be increased; pro-
vided, however, before taking effect, the necessity for the
increase and the rate thereof shall be submitted to the elec-
tors of such district and no increase in taxes shall occur
unless a majority of the electors in such district who vote in
the election hereinabove provided for vote in favor there-
of.

Source: La. Const. Art. XVI, §2 (1921).

Comment: (a) Paragraph (A) retains the source provision
except:

(1) It adds flood protection as one of the purposes
for which levee districts may levy a tax. The Orleans
Levee District has this authority under the present
constitution.

(2) It adds hurricane flood protection as a purpose for
which levee districts, including Orleans, may levy a
tax.

(3) It removes land reclamation and the payment of
existing and future indebtedness as purposes for which
the Orleans Levee District may levy a tax.
(b) Paragraph (B) repeats the source provision and
provides for an election procedure to raise additional
funds.
Section 45. Bond Issues

Section 45. (A) Subject to the approval of the State
Bond Commission or any successor thereto, the governing
body of any levee district may fund the avails of said taxes
or other revenues into bonds, or other evidences of indebted-
ness, the proceeds thereof to be used for the purposes men-
tioned in this Article or for the funding or payment of any
outstanding indebtedness.

(B) Bonds issued under the authority of the foregoing
provision shall be sold in accordance with applicable pro-
visions of the Louisiana Revised Statutes relating to the
issuance of bonds by levee districts.
Source: La. Const. Art. XVI, §3 (1921).

Comment: (a) The source provision requires the legislature
to authorize the funding of bonds. Paragraph (A) of the
proposed section allows the governing authority of a levee
district to fund bonds with the approval of the State
Bond Commission or any successor thereto.

(b) Paragraph OB) deletes the limitation in the source
provision that the percentage of annual interest not ex-
ceed six percent and deletes the requirement that the
bonds shall be sold at no less than par and accrued
interest.
Section 46. Interstate Districts

Section 46. The legislature, with the concurrence of an
adjoining state, may create levee districts composed of terri-
tory partly in each state, and may authorize the construc-
tion and maintenance of levees wholly within another
state.

Source: La. Const. Ait. XVI, §4 (1921).

Comment: The proposed section retains the source provision
without change.
Section 47. Cooperation with Federal Government
Section 47. All governing authorities of levee districts
which have been, or may be created, are authorized to co-
operate with the federal government in the construction
and maintenance of the levees in this state, on such terms
and conditions as may be provided by the federal author-
ities and accepted by the levee districts.
Source: La. Const. Art. XVI, §5 (1921).

Comment: The proposed section retains the source provision,
except it provides for acceptance by levee districts in-
stead of state authorities.
Section 48. Compensation for Property Used or Destroy-
ed; Tax

Section 48. (A) Lands and improvements thereon here-
after actually used or destroyed for levees or levee drain-
age purposes shall be paid for at a price not to exceed the
assessed value for the preceding year; provided, if prop-
erty used or destroyed for levee drainage purposes from a
landowner shall exceed more than one-third the value of
that landowner's property and improvements, the land and
improvements thereon used or destroyed for such purposes
shall be paid for at fair market value; and provided
further, nothing contained in this Paragraph with respect
to compensation for lands and improvements shall apply to
batture or to property the control of which is vested in the
state or any political subdivision thereof for the purpose of
commerce.
(B) If the district has no other funds or resources out of



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llth Days Proceedings — July 6, 1973

which such payment can be made, it shall levy, on all tax-
able property situated within the district, a tax sufficient
to pay for said property so used or destroyed to be used
solely in the district where collected.

(C) Nothing contained in this Section shall prevent the
appropriation of said property before payment.
Source: La. Const. Art. XVI, §6 (1921).

Comment: (a) Paragraph (A) repeats the source provision
with two exceptions:

(1) It deletes provisions relative to acquisition of
property in and replacement of streets in municipalities

of one hundred thousand population;

(2) it adds a provision requiring the compensation,
at fair market value, of a landowner when the prop-
erty and improvements used or destroyed by a levee

district exceeds one-third the value of that landowner's

property and improvements.

By providing for compensation at fair market value in
certain circumstances, there was no intent on the part
of the committee to change the nature of the exercise of
the power herein conferred from that of appropriation
to that of expropriation. More specifically, the rationale
of Boyce Cottonseed Oil Mfg. Co. v. Board of Com'rs.,
160 La. 727, 107 So. 506 (1926) and its progeny, holding
that payment of the assessed value is merely a gratuity
and that no payment at all is required, is approved and
confirmed. However, it was felt that in certain circum-
stances the equities of the situation were in favor of
increasing the gratuity paid to the landowner from
assessed value to fair market value.

(b) Paragraph (B) retains the source but removes the
one-fourth of one mill limitation on the tax that may be
levied.

(c) Paragraph (C) retains the source provision.
Section 49. Supremacy of Constitution

Section 49. The provisions of this constitution shall be
paramount and neither the legislature, nor any political
subdivision, shall enact any laws or ordinances in conflict
therewith.
Source: New

Comment: Provides for supremacy of the constitution over
laws and ordinances enacted by the legislature and by
political subdivisions.

Section 50. Terms Defined

Section 50. As used in this Article:

(1) "Deep-water port commissions and port, harbor, and
terminal districts" means those ports which are capable of
accommodating vessels of at least twenty-five feet of draft
and engaged in foreign commerce;

(2) "Functions" means duty in the sense that it is com-
plementary of the power (ability) conferred and as such
means onus or obligation to execute the power granted;

(3) "General law" means a law of statewide concern
which is uniformly applicable to every political subdivision

in the entire state or which is uniformly applicable to all
political subdivisions within the same class as established
in accordance with the classification provisions of Section
6 of this Article;

(4) "General obligation bond" means those bonds, the
principal and interest of which are secured by and payable
from ad valorem taxes levied without limitation as to rate
or amount;

(5) "Governing authority" means the body which exercises
the legislative functions of the political subdivision;

(6) "Local governmental subdivision" means any parish or
municipality;

(7) "Municipality" means all incorporated cities, towns,
and villages;

(8) "Political subdivision" means parishes and municipali-
ties, and any other unit of local government authorized by
law to perform governmental functions;

(9) "Powers" means ability or capacity, synonymous with
inherent or basic authority, to indulge in a particular un-
law;

(10) "Special law" means any law other than a general
dertaking or to provide or perform a certain service;

(11) "Structure and organization" means the structure and
organization and/or the particular distribution and redis-
tribution of powers and functions and/or the supervision,



control, and internal arrangement of the component parts

of the political subdivision.

Source: New

Comment: The terms "powrs", "functions" and "structure
and organization" are given the same definitions as given
them by the court in the case of La Fleur v. City of Baton
Rouge, 124 So. 2d 374 (La. App. 1960) which was cited
with approval by the Louisiana Supreme Court in Letel-
lier v. Jefferson Parish, 254 La. 1067, 229 So. 2d 101
(1969).

COMMITTEE REPORT WITH RESPECT TO COMMITTEE

PROPOSAL No. 9—

ARTICLE VII. HUMAN RESOURCES

Section 1. State and City Civil Service

Section 1. (A) Civil Service System; State; Cities.

<1> State Civil Service. "State civil service" means all
offices and positions of trust or employment in the employ
of the state, or any board, commission, department, inde-
pendent agency, or other agency thereof, except as other-
wise specifically provided in this constitution, and all offices
and positions of trust or employment in the employ of joint
state and federal agencies administering state or federal
funds, or both; joint state and municipal agencies financed
by state or municipal funds, or both, except municipal boards
of health; joint state and parochial agencies financed by state
or parochial funds, or both; irrespective of whether the pay
for such offices and positions of trust or employment is to
be paid with state, municipal, or parochial funds or with
funds contributed jointly by the state and municipalities or
parishes involved.

'2) City Civil Service. "City civil service" means all offices
and positions of trust or employment in the employ of the
city and every board, commission, department, or agency
thereof, except as otherwise specifically provided in this
constitution.

(B) State Civil Service Commission

(B)(1) Membership. A State Civil Service Commission is
created to be composed of five members, who are citizens
and qualified electors of the state. Three members of the
commission shall constitute a quorum. The five members
shall be appointed by the governor for overlapping terms of
six years as hereinafter provided. The domicile of the com-
mission shall be in the city of Baton Rouge, Louisiana.

(2) Nominations. The presidents of Loyola University of
the South, Centenary College, Tulane University of Louisi-
ana, Louisiana College, and Dillard University each shall
nominate three persons, in the order of their preference, and
from the three persons so nominated by each, the governor
shall appoint one to serve as a member of the commission.

(3) Vacancies. Vacancies for any cause shall be filled by
appointment in accordance with the procedure governing
the original appointment and from the same source. Within
thirty days after a vacancy occurs, the university president
concerned shall submit the required nominations. Within
thirty days thereafter, the governor shall make his appoint-
ment. Should the governor fail to appoint within thirty
days, the nominee whose name is first on the list shall auto-
matically become a member of the commission.

If for any reason nominations are not submitted to the
governor by any of the college presidents herein named,
within the time herein designated, the vacancy on the com-
mission for the term or the unexpired term resulting from
such failure to nominate shall be filled by a majority vote
of the other members of the State Civil Service Commission.

(4) Transition. Each person who, on the effective date of
this constitution, is a member of the State Civil Service Com-
mission shall continue in such position for the remainder of
the term to which he was appointed. Within thirty days after
the expiration of the term of the commissioner nominated by
Louisiana State University and Agricultural and Mechanical
College, the president of Dillard University shall submit
three names to the governor for appointment to the commis-
sion as herein provided. The initial term of this Dillard
nominee shall be six years.

(5) Removal. A number of the State Civil Service Com-
mission may be removed by the governor for just cause
after a copy of the charges against him has been served on
him and an opportunity for a public hearing thereon is
afforded by his appointing authority.

(6) Compensation. Members of the commission each shall
be compensated for each day devoted to the work of the
commission. The amount of compensation shall be determined
by the legislature.

(C) City Civil Service Commission



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(C)(1) Membership. A city civil service commission is
created for each city having a population exceeding four
hundred thousand. The city civil service commission shall be
composed of five members, who are citizens and qualified
electors of the city. Three members of the commission shall
constitute a quorum. The five members shall serve over-
lapping terms of six years as hereinafter provided. The
domicile of the commission shall be in the city which it
serves.

(2) Nominations. In the city of New Orleans, the presi-
dents of Tulane University of Louisiana, Loyola University
of the South, and Dillard University each shall nominate
three persons, in the order of their preference, and from
the three persons so nominated by each, the governing
authority of the city shall appoint one to serve as a member
of the commission. One member shall be appointed by the
governing authority of the city. One member shall be an
employee within the classified service of the city, elected
by classified city employees.

If for any reason nominations are not submitted to the
governing authority of the city by any of the college presi-
dents herein named within the time herein designated, the
vacancy on the commission for the term or the unexpired
term resulting from such failure to nominate shall be filled
by a majority vote of the other members of the city civil
service commission.

In other cities subject to the provisions of this Section
three membeis of the commission shall be nominated by the
presidents of any three universities mentioned in Paragraph
(B) (2) in accordance with the procedure therein provided.
Commissioners appointed by the governing authority of the
city and the classified city employees shall be appointed
in accordance with the procedure specified in Paragraph
(C)(2).

(3) Vacancies. Vacancies for any cause shall be filled by
appointment or election in accordance with the procedure
for the original appointment and from the same source.
Within thirty days after a vacancy occurs, the university
president concerned shall submit the required nominations.
Within thirty days thereafter, the governing authority of
the city shall make the appointment. Should the governing
authority of the city fail to appoint within the thirty days,
the nominee whose name is first on the list shall auto-
matically become a member of the commission.

The election of the member representing classified city
employees shall be called by the governing authority and
held at least sixty days prior to the expiration of that term.
In the case of a vacancy prior to the expiration of a term
in the office of the member representing classified employees,
an election to fill the vacancy for the unexpired term shall
be held within thirty days after the vacancy occurs.

(4) Transition. Each person who, on the effective date of
this constitution, was nominated by Tulane University, Loy-
Nw Orleans City Civil Service Commission shall continue
in such position for the remainder of the term to which he
was appointed. Within thirty days after the effective date of
this constitution, the president of Dillard University shall
submit three names to the governing authority of the city
for appointment to the commission as herein provided. The
initial term of this appointee shall be three years. Within
thirty days after the effective date of this constitution, the
governing authority of the city shall call and hold an elec-
tion for the member to represent classified city employees.
The initial term of the classified employee shall be five
years.

In other cities, each member serving on the effective date
of this constitution, shall continue in office until the expira-
tion of his term. The governing authorities of such cities
shall provide for the election or appointment of additional
members and for the implementation of this Section in ac-
cordance with provisions hereof.

(5) Removal. A member of the city civil service commis-
sion may be removed by the city governing authority for
just cause after a copy of the charges agfainst him has been
served on him and an opportunity for a public hearing
thereon is afforded by his appointing authority.

(6) Compensation. Members of the commission each shall
be compensated for each day devoted to the work of the



commission. The amount of compensation shall be deter-
mined by the governing authority of the city.

(4) Departments; State; City

(D)(1) Department of State Civil Service. A Department
of State Civil Service is created in the state government.

(2) Department of City Civil Service. A department of
city civil service is created in the city government of each
city having a population exceeding four hundred thousand.

(E) Directois; State Service; City Service. The State Civil
Service Commission and the city civil service commission
shall appoint a director of civil service, who shall be the
administrative head of his respective department and who
shall be in the classified service. The director shall be ap-
pointed by the appropriate commission from a list of per-
sons determined to be eligible for the position on the basis
of merit, efficiency, and fitness, which shall be ascertained
by competitive examination, and such other factors as the
commission deems advisable. The director shall appoint per-
sonnel and exercise powers and duties to the extent pre-
scribed by the commission.

(F) Unclassified and Classified Service. The state civil
service and the city civil service are divided into the classi-
fied service and the unclassified service. The classified ser-
vice shall include all officers and employees in the state
civil service and the city civil service except:

(1) elected officers and persons appointed to fill vacancies
in elective offices; (2) heads of principal departments ap-
pointed by the governor, the mayor, or governing authority
of the city; (3) city attorneys; (4) members of state and city
boards, commissions, and agencies, (5) one person holding a
confidential position, or one principal assistant, or deputy to
any officer, board, commission, department, or agency men-
:ioned in (1), (2), and (4), except the Department of State
Civil Service and the departments of city civil service; (6)
members of the military or naval forces; (7) the teaching
and professional staffs, and administrative officers of the
schools, colleges, and universities of the state, and bona fide
students of such institutions employed by any state agency;
(8) administrative officers and employees of courts of rec-
ord, of the legislature, of the offices of the governor, of the
lieutenant governor, of the attorney general, of the office
of the mayor of the several cities, of police juries, and of
school boards; (9) registrars of voters, the state tax collector
for the city of New Orleans, and one chief deputy selected
by each; (10) commissioners of elections and watchers; cus-
todians and deputy custodians of voting machines.

(G) Appointment and Promotion

(G)(1) Certification. Permanent appointmentes and pro-
motions in the classified state service and classified city
service shall be made after certification by the appropriate
department of civil service under a general system based
upon merit, efficiency, length of service, and fitness, which
shall be ascertained by competitive examinations insofar
as practicable, and employees and officers in the classified
service shall be employed from those eligible under such cer-
tification. The number to be certified shall be not less than
five; however, if more than one vacancy is to be filled, the
name of one additional eligible for each vacancy may be
certified and special and different lists may be established
in the case of reemployment and reinstatement. The com-
mission shall adopt rules for the method of certification of
persons eligible for appointment and promotion and shall
provide for appointments defined as emergency and tem-
porary appointments.

(2) Veterans. The Department of State Civil Service and
a department of city civil service shall accord a five-point
preference in original appointment to each person honor-
ably discharged, or discharged under honorable conditions
from the armed forces of the United States, after having
served between the wartime dates of April 6, 1917 and
November 11, 1918, both dates inclusive; or between Septem-
ber 16, 1940 and July 25, 1947, both dates inclusive; or be-
tween June 27, 1950 and January 31, 1955, both dates inclu-
sive; or who served in the Viet Nam Theater between July
1, 1958 and the date the government of the United States
declares to be the date of termination of service for mem-
bers of the armed forces to receive credit for the award of
the Viet Nam Service Medal, both dates inclusive; or who
served in the peacetime campaigns or expeditions for which
campaign badges are authorized. The Department of State
Civil Service and a department of city civil service shall
accord a ten-point preference in original appointment to
each honorably discharged veteran who served either in
peace or in war and who has one or more disabilities
recognized by the Veterans Administration as service-



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conected; to the spouse of each veteran who is in such
poor physical condition as to preclude his or her appoint-
ment to a civil service job in his or her usual line of work
or to the unremarried widow of each deceased veteran
who served in a war period as defined above or in a peace-
time campaign or expedition; or to the unremarried parents
of any person who died in active wartime or peacetime
service or who suffered total and permanent disabilities in
active wartime or peacetime service; or the divorced or
separated parents of any person who died in wartime or
peacetime service or who became totally and permanently
disabled in wartime or peacetime service. However, only
one ten-point preference shall be allowed in the original ap-
pointment to any of the persons enumerated above, and if
the ten-point preference is not being utilized by the vet-
eran, either because of the veteran's physical or mental in-
capacity which precludes his appointment to a civil service
job in his usual line of work or because of his death, the
preference shall be available to his spouse, unremarried
widow, or eligible parents as defined above, in the order
specified, but all such preferences may be given only to
persons who have attained marks on the tests which meet
at least the minimum requirements imposed for each test
and who have received at least the minimum rating required
for eligibility.

(3) Layoffs Preference Employees; Reinstatement or Pre-
ferred Employment Lists. Whenever a position in the classi-
fied service is abolished or needs to be vacated because of
stoppage of work from lack of funds, or other causes, the
employee or employees in the class involved in the organiza-
tion unit affected shall be laid off without pay by the ap-
pointing authority under such rules and regulations as to
selection and priority as may from time to time be adopted
by the commission. Provided, that preference employees
(ex-members of the armed forces and their dependents as
described in (B) of this Section) whose length of service
and efficiency ratings are as good as or better than other
competing employees shall be retained in preference to all
other competing employees; and provided further, that when
any or all of the functions of any state agency are transferred
to or when any state agency is replaced by some other state
agency shall first be transferred to the replacing state agency,
or state agencies, for employment in positions for which
they are qualified, before such state agency, or state agencies,
shall appoint additional employees from eligible lists for
such positions. The appointing authority shall give written
notice to the director of any proposed layoff a reasonable
time before the effective date thereof, and the director shall
make such orders relating thereto as he considers necessary
to secure compliance with the rules. The name of every
regular employee so laid off shall be placed on the appro-
priate reemployment lists, and said employee shall also be
eligible for reinstatement and shall be reinstated in any posi-
tion in the same class in the same organization unit in
which a vacancy exists. If he cannot be reinstated as here-
inabove required, the director shall, upon employee's request
to be made within one year from the time of his layoff or
the time his position was abolished, place his name on a
reinstatement or preferred reemployment list for the class
of the position which was abolished or from which the em-
ployee was laid off. The appointing authority of the organi-
zation unit, during the time such employee's name remains
on such lists is prohibited from filling any vacancy in the
class in which the employee has reinstatement rights without
first offering appointment to, and appointing, if he accepts,
the employee who has reinstatement rights in such organiza-
tion unit.

(H) Disciplinary Action. No person who has gained per-
manent civil service status in the classified state civil ser-
vice or the classified city civil service shall be subjected to
disciplinary action except for just cause after a copy of the
charges against him have been served on him and an oppor-
tunity for a public hearing is afforded by his appointing
authority. Only one penalty may be assessed for the same
offense. No classified employee shall be discriminated against
by reason of his political or religious beliefs, sex, or race.

Any classified employee so discriminated against or sub-
jected to such disciplinary action shall have a right of
appeal to the appropriate civil service commission. The



burden of proof on appeal, as to the facts, shall be on the
employer. The appeal to the civil service commission shall
be devolutive unless otherwise determined by the commis-
sion. The rulings of the commission are subject to review
by the court of appeal wherein each commission is located.

(I) Rules and Regulations. The State Civil Service Com-
mission and a city civil service commission are vested with
general rule-making powers and subpoena powers for the
administration of the classified civil service, including but
not limited to rules and regulations relating to employment,
promotion, demotion, suspension, reduction in pay, removal,
certification, work-test periods, uniform pay plans, classi-
fication plans, employment conditions, compensation and
disbursements to employees, and generally to carry out and
effectuate the objectives and purposes of the merit system
of civil service as herein established. These rules and regu-
lations shall have the effect of law. Any matter affecting
wages and hours shall become effective and shall have the
force of law only after approval of the governor or the
governing authority of the city.

(J) Political Activity. No member of any civil service
commission shall be a candidate for nomination or election
to any public office or hold any other public office or posi-
tion of public employment whatsoever, the classified employ-
ment of the employee elected to the city commission, the
office of notary public or a military or naval office, or dean
or member of the faculty of any educational institution
excepted; nor shall any member of the commission be or have
been during a period of six months immediately preceding
his appointment a member of any local, state, or national
committee of a political party, or an officer or member of
a committee in any factional or political club or organiza-
tion, and each commissioner shall take the oath of office
before entering upon the duties of office, and such oath
shall include a statement of belief in and desire to support
the principles of the merit system.

No member of the State Civil Service Commission or a
city civil service commission and no officer or employee in
the classified service shall participate or engage in political
activity or be a candidate for nomination or election to
public office or be a member of any national, state, or local
committee of a political party or faction or make or solicit
contributions for any political party, faction, or candidate,
nor take active part in the management of the affairs of a
political party, faction, or candidate or any political cam-
paign except to exercise his right as a citizen to privately
express his opinion, to serve as a commissioner or as an
official watcher at the polls, and to cast his vote as he
desires. No person shall solicit contributions for political
purposes from any classified employee or official, nor use
or attempt to use his position in city civil service to punish
or coerce the political action of such person.

Political activity is defined as an effort made to insure
the election of a nominee for political office or the support
of a particular political party in an election. There shall be
no prohibition against support of issues involving bonded
indebtedness, tax referenda, or constitutional amendments,
or the participation or membership in an organization which
is not a political organization but which may from time to
time express its opinion on a political issue.

(K) Violations; Appeals. The State Civil Service Commis-
sion and the city civil service commission may investigate
violations of this Section and the rules and regulations
adopted pursuant hereto. It may impose penalties for viola-
tion of this Section or the rules and regulations adopted
pursuant hereto in the form of demotion, or suspension, or
discharge from the classified service with attendant loss of
pay. The rulings of the commission are subject to review
in the court of appeal wherein each commission is located.

 Penalties. Any person who willfully violates any pro-
vision of this Section or of any law enacted pursuant hereto
shall be guilty of a misdemeanor and upon conviction shall
be punished by a fine of not more than five hundred dollars
or by imprisonment for not more than six months, or both.

(M) Acquisition of Permanent Status. Each officer and
employee of a city who has civil service status in the classi-
fied service of the state or city on the effective date of this
constitution shall retain such status in the position, class,
and rank held on such date and thereafter shall be subject
to and be governed by the provisions of this Section and the
rules and regulatios adopted under the authority hereof.

(N) Existing Laws. All existing laws relating to employees
in the classified civil service not inconsistent with this Sec-
tion are continued in force. Neither the commission of each
city nor the governing authority of each city shall exercise

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any power or authority which is inconsistent or in conflict
with any general law. The State Civil Service Commission
shall exercise no power or authority which is inconsistent or
in conflict with any general law.

(O) Appropirations. Beginning with the regular session
that convenes the year 197.., the legislature of the state
shall then, and at each regular session and fiscal session,
thereafter, make an appropriation to the State Civil Service
Commission and to the Department of Civil Service for
each succeeding fiscal year of a sum equal to not less than
seven-tenths of one percent of the aggregate payroll of the
state classified service for the twelve-month period ending
on the first day of March preceding the next regular or
fiscal session as certified to by the State Civil Service
Commission.

Each city of the state subject to the provisions of this
Section shall make adequate annual appropriations to enable
the civil service commission and the civil service depart-
ment of the city to carry out efficiently and effectively the
provisions of this Section.

(P) Acceptance of Act; Other Cities, City and Parish
Governed Jointly. Any city, and any parish governed jointly
with one or more cities under a plan of government, having
a population exceeding ten thousand but not exceeding four
hundred thousand, according to the last preceding decennial
census of the United States for which the final report of
population returns have been printed, published, and dis-
tributed by the director of the census may elect and deter-
mine to accept the provisions of this Section by a majority
vote of its qualified electors voting at a general or special
election for this purpose. This election shall be ordered and
held by the city or city-parish, as the case may be, upon
(a) the adoption of an ordinance by the governing body
of the city of the parish governed jointly with one or more
cities under a plan of government as the case may be,
calling for such elections; or (b) the presentation to such
governing body of a petition signed by qualified electors
equal in number to five percent of the qualified registered
voters of the city or city-parish, as the case may be, calling
for such election.

If a majority of the legal votes cast in such election are
in favor of the adoption of the provisions of this Section,
then this Section and all the provisions thereof shall there-
after permanently apply to and govern the city or city-
parish, as the case may be, in the same manner and to the
same extent as if said Section and all its provisions had
originally applied to such city or city-parish. In such in-
stance, all officers and employees of the city or city-parish
or any other subdivision of the state, as the case may be,
except those coming within the provisions of Article VII,
Section 1 of the Constitution of the State of Louisiana, who
have acquired civil service status under a civil service sys-
tem established by legislative act, city charter, or otherwise,
shall retain such status and shall thereafter be subject to
and governed by the provisions of this Section and the rules
and regulations adopted under the authority of this Section.
If a majority of the legal votes cast in such election are
against the adoption of the provisions of this Section, the
question of adopting the provisions of this Section shall not
be resubmitted to the voters of the city or the city-parish,
as the case may be, within one year thereafter.

(Q) City, Parish Civil Service System; Creation by Legis-
lature. Nothing in this Section shall prevent the establish-
ment by the legislature in one or more parishes of a civil
service system applicable to any or all parish employees,
including those hereinabove exempted from the state classi-
fied service, or the establishment by the legislature of a
civil service system in one or more cities having a popula-
tion of less than four hundred thousand, in any manner that
may now or hereafter be provided by law.

COMMITTEE REPORT WITH RESPECT TO COMMITTEE
PROPOSAL No. 10—

ARTICLE VII. HUMAN RESOURCES
Section 1. Municipal Fire and Police Civil Service
Section 1. (A) Municipal Fire and Police Civil Service.
There shall be a classified civil service for fire and police
in municipalities which operate a regularly paid fire and
police department and which have a population of not less
than thirteen thousand according to the latest regular fed-



eral census for which the official figures have been made
public.

The service shall embrace the positions of employment,
the officers, and employees of the municipal fire and police
services.

(B) Definitions. The following words and phrases when
used in this Section shall have the following meaning un-
less the context clearly requires otherwise:

(1) "Allocation" means the official determination of the
class to which a position in the classified service belongs.

(2) 'Appointing authority" means any official, officer,
board, commission, council, or person having the power to
make appointments to positions in the municipal fire and
police service.

(3) "Appointment" means the designation of a person, by
due authority, to become an employee in a position, and his
induction into employment in the position.

(4) "Board" means the municipal fire and police civil ser-
vice board.

(5) "Class" or "class of position" means a definitely recog-
nized kind of employment in the classified service, desig-
nated to embrace positions that are so nearly alike in the
essential character of their duties, responsibilities, and con-
sequent qualification requirements, that they can fairly and
equitably be treated alike under like conditions for all per-
sonnel purposes.

(6) "Classification plan" means all the classes of posi-
tions established for the classified service.

(7) "Classified service" means every appointive office and
position of trust or employment in the municipal govern-
ment which has as its primary duty one of the functions
specifically set forth to be included in the classified service
by the provisions of this Section, and excludes all elective
and appointive offices and positions of trust or employment
which have a primary duty specifically set forth to be in-
cluded in the unclassified service by the provisions of this
Section.

<8> "Demotion" means a change of an employee in the
classified service from a position of one class to a position
of a lower class which generally affords less responsibility
and pay.

(9) "Department service" means employment in the public
service offered and performed separately by the fire and
by the police departments of the municipality.

(10) "Eligible" means a person whose name is on a list.

(11) "Employee" means a person legally occupying a
position.

(12) "Employment list" or "lists" means a reinstatement
employment list, a promotional employment list, a competi-
tive employment list, and a reemployment list.

(13) "Position" means any office and employment in the
municipal fire and police services, the duties of which call
for services to be rendered by one person.

(14) "Promotion" means a change of an employee in the
classified service from a position of one class to a position
of a higher class which generally affords increased responsi-
bilities and pay.

(15) "Promotion employment list" or "promotion list"
means an employment list containing the names of eligible
persons established from the results of promotion tests
given for a particular class of positions which is not specifi-
cally required by this Section to be established from the re-
sults of a competitive test.

(16) "Promotion test" means a test for positions in a
particular class which is not specifically required by this
Section to be filled by competitive tests, admission to which
is limited to regular employees of the next lower class, or
the next lower classes when authorized by the rules, in the
classified service.

(17) "Reemployment list" means an employment list for
the entrance or lowest-ranking class in the classified ser-
vice, or in any group of classes as may have been grouped
in the classification plan, containing names of regular em-
ployees who have been laid off under the "layoff" provisions
of this Section. This list shall not be applicable to persons
who have resigned or have been discharged.

(18) "Regular employee" or "permanent employee" means
an employee who has been appointed to a position in the
classified service in accordance with this Section after com-
pleting his working test period.

(19) "Reinstatement employment list" or "reinstatement
list" means an employment list containing names of persons
eligible for reinstatement in positions of a class from which
they have been demoted for reasons other than disciplinary
action.



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llth Days Proceedings — July 6, 1973



(20) "Seniority" means the total employment computed
for an employee beginning with the last date en which he
was regularly and permanently appointed and has worked
continuously to and including the date of computation. Time
during which an employee has served in the armed forces
of the United States subsequent to May 1, 1940, shall be
construed to mean continuous service and shall be included
in the computation of his seniority. Total seniority in the
departmental service, including positions of any and all
classes, or seniority in any one or more given classes, may
be cemputed for an employee; but in either case employ-
ment shall be continuous and unbroken by a resignation or
discharge of the respective employee. An employee who is
finally discharged or resigns from his position shall for-
feit all accumulated seniority. An employee who is sus-
pended and returns to his position immediately following
the expiration of his suspension shall not forfeit his seniority
accumulated to the date of his suspension, but he shall net
be given credit for the lost time at any future compensa-
tion.

(21) "Temporary appointment" means the appointment of
an employee for limited period of service without acquisi-
tion by the appointee of any continuing right to be re-
tained beyond the period.

(C) Municipal Fire and Police Civil Service Boards
(C) (1) Composition. A municipal fire and police civil
service board is created in the municipal government. The
board shall be composed of five members who shall serve
without compensation. The board shall have a chairman
vice chairman, and a secretary. The domicile of the board
shall be in the municipality it serves.

(2) Eligibility. To be eligible for appointment or to serve
as a member of a board a person shall be a citizen of
the United States of America, a resident of the municipality
in which he is to serve for at least five years next preced-
ing his appointment, and shall, at the time of his appoint-
ment, be a qualified voter of the municipality. Any employ
ee while serving as a member of a board shall occupy
as a regular employee a position or office lower than that of
chief, assistant chief, district chief, or battlaion chief of his
department No member of a board shall have been, dur-
ing a period of six months immediately preceding his ap-
pointment, a member of any local, state, or national com-
mittee of a political party, or an officer or member of a
committee in any factional political club or organization. No
member of a board shall be a candidate for nomination o
election to any public office or hold any other public office
or position of public employment, except that of notary
public, a military or naval official office, or that of a mu-
nicipal fire or police department which is expressly re-
quired by the provisions of this Section.

(3) Membership. The members cf the board shall be ap-
pointed by the governing body as follows:

(a) One shall be appointed by the governing body upcr
its own nomination.

(b) Two members shall be appointed from a list of four
nominees, which shall be furnished within thirty days after
receiving such request by the executive head or a legally
chartered and established institution of higher education lo-
cated within the municipality; or. if there is no such insti-
tution in the municipality, by the executive head of any
such institution of the governing body's choice within the
state.

(c) Two members shall be appointed who shall be first
nominated and elected by and from the regular employees oi
the fire and police departments as follows:

One member shall be elected and appointed from the fire
department, and one member shall be elected and appointed
from the police department. The employee-nominee from
each department shall be elected by secret ballot of the
regular employees cf his respective department at an elec-
tion to be called and held for that purpose by the chief of
the department. The chief of each department shall call
such an election within forty-five days after this Section
takes effect in the municipality by posting, for a fifteen-
day continuous period immediately preceding the election
a notice thereof on the bulletin board of each station house
of his department; and shall officially notify the governing
body of the municipality within the ten-day period imme- i



diately following the election, the name of the employee-
nominee so elected by the regular employees of his depart-
ment. The chief of the department shall vote in the election
only in the case of a tie vote.

(4) Term. The term of office for all members of the board
shall be for a period of three years when a municipality
adheres to the provisions of this Section. The first member
appointed by the governing body of the municipality upon
its own nomination shall serve for a period of two years;
the first employee members nominated and appointed as
provided above shall serve a term of one year. Each mem-
ber shall serve until his successor has been appointed and
qualified.

'5) Vacancies. Upon the term of office expiring for a
member of a board, or because of a vacancy in the office
of any member thereof, the governing body of a municipal-
ity shall appoint a successor in the same manner as the
outgoing member was appointed; and such successive ap-
pointment shall be made within ninety days immediately
following the expiration or vacancy.

(6) Oath. Each member shall take the oath of office be-
fore entering upon the duties of his office. His oath shall
include a statement to uphold the constitution and laws of
Louisiana and of the United States; to administer faithfully
and impartially the provisions of this Section and the rules
adopted under the authority of this Section.

(7) Removal. Any member of a board shall be liable to
removal from office by judgment of the district court of
his domicile for high crimes and misdemeanors in office,
incompetency, corruption, favoritism, extortion, oppression in
office, gross misconduct, or habitual drunkenness. The dis-
trict attorney of the district wherein the board member re-
sides may institute such suit, and shall do so upon the
written request, specifying the charges, of twenty-five
citizens and taxpayers of the municipality of which the
board member is a resident. The district attorney shall asso-
ciate in the diligent prosecution of such suit any attorney
selected and employed by the citizens and taxpayers.

(8) Organization. The governing body of the municipality
shall advise, within and not later than the expiration of
the ninety-day period provided for the appointment of the
board members, each appointee of his appointment and
term of office as a member of the municipal fire and
police civil service board; and, an official record thereof
shall be placed in the official minutes of the governing
body.

New members of the board shall meet within thirty days
after their appointment in their first official meeting; take
the oath of office; elect a chairman and vice chairman;
and transact any other business pertinent at that time.
The oath of office shall be administered by the city clerk
or by any other person having the legal authority to ad-
minister it.

A chairman and vice chairman shall be elected by the
members of the board. The term for which either the chair-
man or vice chairman shall serve as such, shall run con-
currently with that for which he was appointed a member
of the board; except the term of either office shall termi-
nate upon death of the incumbent, or his resignation from
the office or from the board or his removal from the
board.

At the discretion of the board, the office of secretary
shall be filled:

(a) By electing one of its members thereto;

(b) By appointing the city clerk or secretary-treasurer
of the municipality to fill such office ex officio;

(c) By employing and paying on a part-time basis any
other person a salary not to exceed twenty dollars per
month; or

(d) By requiring the state examiner to act in such capa-
city. The board may terminate the term of office of any
person serving as its secretary at any time. No person
serving as secretary of a board, except a member thereof,
shall have the right to vote in its proceedings. The secre-
tary shall attend the meetings of the board; keep a record
of its proceedings; attend to correspondence directed to
him, and other correspondence ordered by the chairman;
perform other functions assigned to him by the board; and
cooperate with the state examiner in a manner that will
assist the examiner to carry out effectively the duties im-
posed upon him by this Section or those functions which
may be requested of him by the board.

The board shall meet at any time after its original meet-
ing upon the call of the chairman, who shall give all mem-
bers of the board due notice thereof. The chairman of the



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board shall call, and the members of the board shall attend,
one regular meeting of the board within each quarterly
period of each calendar year. If a chairman fails or re-
fuses to call such quarterly meeting of his board, the mem-
bers of the board shall meet upon the written call of any
two members mailed ten days in advance of the meeting.
Four members of the board shall constitute a quorum, and
the concurring votes of any three members comprising the
quorum of the board shall be sufficient for the decision
of all matters to be decided or transacted by it. Meetings
of the boards shall be open to the public.
(D) Board; Duties

(D) (1) Represent the public interest in matters of per-
sonnel administration in the fire and police services of the
said municipal government.

(2) Advise and assist the governing body, mayor, com-
missioner of public safety, and the chiefs of the fire and
police departments of the municipality, with reference to
the maintenance and improvement of personnel standards
and administration in the fire and police services, and the
classified system.

(3) Advise and assist the employees in the classified
service with reference to the maintenance, improvement,
and administration of personnel matters related to any in-
dividual or group of employees.

(4) Make, at the direction of the mayor, commissioner
of public safety, chief of either the fire or police depart-
ment, or upon the written petition of any citizen for just
cause, or upon its own motion, any investigation concern-
ing the administration of personnel or the compliance with
the provisions of this Section in the said municipal fire
and police services; review, and modify or set aside upon
its own motion, any of its actions, take any other action
which it determines to be desirable or necessary in the
public interest, or to carry out effectively the provisions
and purposes of this Section.

(5) Conduct investigations and pass upon complaints by
or against any officer or employee in the classified service
for the purpose of demotion, reduction in position or abo-
lition thereof, suspension or dismissal of the officer or em-
ployee, in accordance with the provisions of this Section.

(6) Hear and pass upon matters which the mayor, com-
missioner of public safety, the chiefs of the departments
affected by this Section, and the state examiner of munici-
pal fire and police civil service bring before it.

(7) Make, alter, amend, and promulgate rules necessary
to carry out effectively the provisions of this Section.

(8) Adopt and maintain a classification plan. The clas-
sification plan shall be adopted and maintained by rules
of the board.

(9) Make reports to the governing body, either upon its
own motion or upon the official request of the governing
body, regarding general or special matters of personnel ad-
ministration in and for the municipal fire and police ser-
vices of the municipality, or with reference to any appro-
priation made by the governing body for the expenses in-
cidental to the operation of the board.

(E) Rules. Each board may adopt and execute rules, regu-
lations, and orders necessary or desirable effectively to carry
out the provisions of this Section and shall do so when
expressly required by this Section. No rule, regulation, or
order shall be contrary to, or in violation of, any provisions,
purpose, or intent of this Section or contrary to any other
provisions of law. The board may amend or repeal any
rule or part thereof in the same manner provided herein
for the adoption of the rule. All rules shall be applicable
to both the fire and police classified services, unless by
express provisions therein, it is made applicable to only
one of the services.

A board may adopt any rule, either in its proposed or
revised form, after holding a public hearing at which any
municipal officer, employee, private citizen, and the state
examiner shall be given an opportunity to show cause why
the proposed rule, amendment, or any part thereof should
not be adopted. Before the board holds this public hearing,
it shall furnish at least thirty days notice in advance of
the date, time, and place therefor to the mayor, commis-
sioner of public safety, and other municipal commissioner



whom the rule may in any way effect, the chief and each
station of the departmental service to be affected by the
adoption of any such rule, and to the state examiner. A
copy of all proposed rules to be discussed at any hearing
shall be furnished with all notices. Each notice and copy
of a proposed rule furnished the various stations of a re-
spective department shall be posted upon the bulletin board
of each station for a period of at least thirty days in
advance of the hearing.

Within thirty days after the board has adopted any rule,
whether it is a new rule or amendment of an existing rule,
or an abolition in whole or part thereof, it shall furnish
an official copy thereof to all persons and places set forth
above.

Rules adopted under the authority of this Section shall
have the force and effect of law.

(F) Personnel

(F) (1) State Examiner. The office of state examiner
is created. He shall be a resident and qualified voter of
the state. He shall be a person who has had experience
in the field of personnel administration. He and the deputy
state examiner of the municipal fire and police civil service
shall come within and be bound under and amenable to
the classified service of the state as established and exist-
ing, except no pay plan thereunder shall be applicable to
the said state examiner or deputy state examiner. The state
examiner and deputy state examiner shall be subject to
removal and other disciplinary action by the State Civil
Service Commission only for a good and sufficient cause
set forth in written charges filed with the commission by
any one of the municipal fire and police civil service boards
created by this Section or by any qualified elector of the
state, and only after a public hearing by the state com-
mission to be in accordance with rules to be adopted by
the said commission.

(2) Deputy State Examiner. The office of deputy state
examiner of Municipal Fire and Police Civil Service is
created, subject to the supervision and orders of the state
examiner; he is authorized and empowered to exercise the
authority and perform the duties of the state examiner
as herein provided. He shall receive and be paid a salary
in the amount fixed by the governor and shall be paid
traveling time and living expenses while away from the
place of his residence.

(3) The State Civil Service Commission shall exercise
no administrative control over the state examiner or deputy
state examiner. Its functions and powers relating to this
office shall consist solely of the right of appointment, hear-
ing of charges for removal or other disciplinary action
legally brought against the incumbents of these offices, and
the ordering of their removal or the rendering of such other
judgment of a disciplinary nature as it may deem proper
after a hearing.

(4) Vacancy. When a vacancy occurs in the office of
the said state examiner or deputy state examiner, the State
Civil Service Commission shall make a provisional appoint-
ment of any person it deems qualified to fill the vacancy
until a competitive examination can be given by and under
the directions of the State Civil Service Commission; and
until a list of persons eligible for appointment to the office
can be established. As soon as such list can be and is
established, the State Civil Service Commission shall ap-
point one of the three persons ranking highest upon said
eligible list to fill the office; and the person thus appointed
shall serve a working test period of six months which
shall be considered a portion of the examination. At the
termination of such working test period, if successfully com-
pleted, the appointee shall become a regular employee as
defined in the State Civil Service Law and subject and
amendable thereto to the same extent as the original state
examiner as hereinbefore set forth and may be sub-
jected to removal or other disciplinary action by the State
Civil Service Commission only for a good and sufficient
cause set forth in written charges filed with the commission
by any one of the municipal fire and police civil service
boards created by this act, or by any qualified elector
of the state, and only after a public hearing by the state
commission to be held in accordance with rules to be adopted
by the State Civil Service Commission.

(G> State Examiner; Location; Salary; Duties

(G) (1) Location. The state examiner shall maintain a
suitable office in the city of Baton Rouge. The officer
charged by law with the custody of state buildings shall
assign suitable office space to the examiner. The examiner



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shall appoint employees necessary for him to carry out his
duties effectively. All of the employees appointed by the
state examiner, except persons employed on a temporary
basis to conduct or assist in giving examinations, shall be
selected by him after certification to him by the State
Department of Civil Service of names from eligible lists es-
tablished by the State Department of Civil Service; and
they shall, in all other respects, be covered by the provi-
sions of existing civil service laws and rules and regulations
legally adopted by the Department of State Civil Service.

(2) Salary. The state examiner shall serve on a full-time
basis. He shall be paid a salary of not less than forty-two
hundred dollars per year. He shall be paid for his traveling
and living expenses while away from the city of Baton Rouge.

The state examiner shall take the oath of office and fur-
nish bond for the faithful performance of his duties accord-
ing to law in the sum of five thousand dollarrs. The pre-
mium of the bond shall be paid from the funds appropriated
to the state examiner. The state examiner shall be ex offi-
cio a notary public for the state at large.

The state examiner may obtain on a contractual or fee
basis of the services which his office is unable to supply and
which are necessary for his compliance with the provisions
of this Section.

(3) Duties. The state examiner shall:

(a) Assist the various boards in an advisory capacity in
the discharge of their duties.

(b) Prepare and submit a classification plan to each
board for its approval, after consultation with the appoint-
ing and departmental authorities of the departmental ser-
vice for which a plan is prepared and submitted, as pro-
vided in paragraph (K).

(c) Prepare and administer tests of fitness for original
entrance and promotion to applicants for positions in the re-
spective classified service of the municipalities; score the
tests and furnish the results to the board for which the
tests are given.

(d) Cooperate with the secretary of each board in main-
taining a roster of all fire and police civil service employ-
ees in which shall be set forth the name of each employee,
the class title of position held, the salary or other compen-
sation, any change in class title, and any other necessary
data.

(e) Act as secretary of any said board requesting such
service.

(f) Assist and cooperate in an advisory manner with the
various appointing authorities, department officers, and
the classified employees, of the municipalities regarding the
duties and obligations imposed upon them by the provisions
of this Section.

(g) Encourage employee training in the classified service
and, when possible, attend the training courses or parts
ithereof.

(h) Make annual or biennial reports regarding the work
of his office to the governor.

(i) The state examiner may delegate to the deputy state
examiner such of the above duties as he may deem ex-
pedient.

(H.) Appropriations; Facilities for Board. The legislature
shall make adequate annual appropriations to enable the
state examiner and deputy state examiner to carry out ef-
fectively the duties imposed upon them by this Section. The
governing body of the municipality shall make adequate
annual appropriations to enable the board of the municipal-
ity to carry out effectively the duties imposed upon the
board and shall furnish the board with office space, fur-
nishings, equipment, and supplies and materials necessary
for its operation.

 Appointment to any position in the classified service
from which the regular employee is away on an authorized
leave of absence shall be made in accordance with the pro-
visions of this Subsection.

(f) The appointing authority shall notify the board of the
filling of a vacancy as provided in paragraph (Y).

(2) Temporary Appointments. Temporary appointments
may be made to positions in the classified service without
the appointees acquiring any permanent status therein, as
[follows:

(a) (i) When a vacancy is to be filled in a position of a
class for which the board is unable to certify names of per-
sons eligible for regular and permanent, or substitute ap-
pointment, the appointing authority may make a provi-
sional appointment of any person whom he deems qualified.
When praticable, the appointment should be made by the
provisional promotion of any employee of a lower class. A
provisional appointment shall not confine for more than
three months. No position in the classified service shall be
filled by one or more provisional appointments for a period
in excess of three consecutive months and successive like
periods shall not be permissible. The board may, however,
authorize the renewal of such appointment, or authorize
such successive appointments for a period not to exceed
three additional months whenever it has been impracticable
or impossible to establish a list of persons eligible for certi-
fication and appointment to a vacancy. Any provisional ap-
pointment, if not terminated sooner, shall terminate upon
'e regular filling of the vacancy in any manner authorized
under this Section, and, in any event, within fifteen days
after a certification from which a regular, or substitute ap-
pointment, as the case may be, can be made under the pro-
visions of this Section. A provisional appointment shall be
reported to the board within fifteen days following the
appointment.

(ii) During the times of war, and after the board con-
tinues to offer tests provided by this Section in an effort
to obtain persons eligible for regular and permanent appoint-
ment to a position of any class which has been permanently
vacated by the regular employee thereof, and it finds it im-
possible to establish a list of persons qulaified for certifica-
tion and permanent appointment to the position in the
classified service, it may authorize the appointing author-
ity to fill the position with a provisional appointee until
the appropriate employment list can be established.

(iii) Provisional appointments may be made in any posi-
until a classification plan is prepared and adopted and for
such time thereafter as may be required for the preparation
and administration of tests and the establishment of em-
ployment lists from the results of the tests. But such special
authority shall be valid for a period of not more than
eighteen months immediately following the date that this
Section takes effect in the municipality.

lb) A substitute appointment may be made to any position
in the classified service (1) from which the regular and
permanent employee is away on an authorized leave of ab-
sence, or (2) from which the regular employee is substituting
for some other regular employee who is authorized to be
away from his respective position. No position shall be filled



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by a substitute appointee for a time beyond that for which the
regular and permanent incumbent is away on an authorized
leave. Whenever such appointment shall continue for not
more than thirty days, the appointing authority may appoint
thereto any one whom he deems qualified. Substitute ap-
pointments made for a period exceeding thirty days shall
be made in the same manner as provided in paragraph (R)
for the filling of a vacancy by a regular and permanent
appointment. Any person employed on a substitute basis
shall, for the duration of the temporary employment, enjoy
the class title and be entitled to receive the rate of pay for
the class and position in which he is employed. The ap-
pointing authority shall notify the board within fifteen days
following any substitute appointment made for a period
to exceed thirty days, the name of the appointee, the class
of position filled, the period for which the appointment wa?
made and attach to the notification a signed copy of the
leave of absence granted the employee for whom the ap-
is substituting.

(c) Emergency appointments of any person may be made
at any time the need of the service requires because of any
local emergency of a temporary and special nature. No such
appointment shall be effective or continued for more than
ten days.

(S) Leaves of Absence. The board shall adopt rules to
provide for leaves of absence in the various classes of the
classified service. Such rules shall provide for annual vaca-
tion and sick leaves with pay, and special leaves with or
without pay. They may provide for special extended leaves
with or without pay or with reduced pay for employees
disabled through injury or illness arising out of their em-
ployment. The right to regulate the time at which any em-
ployee may take an annual leave, or any other leave which
is not beyond the control of the employee, shall be vested at
all times with the appointing authority.

(T) Abolition of Positions. Whenever the appointing au-
thoiity abolishes a position in the classified service and
there is no position vacant in the respective class to which
the regular employee of the abolished position may be
transferred, the employee shall be transfererd to any position
of the same class which may be held by a provisional
employee. If there is no such position he shall be transferred
to another position in the respective class, and the holder of
that position shall thereupon be demoted in the order pro-
vided by paragraph (M).

(U) Layoffs. If, for any reason, the lowest class in the
classified service, or the lowest class in a respective group
of classes, as grouped by the classification plan, should
become overburdened with the number of persons holding
positions therein, and a reduction of personnel becomes
necessary, the reduction shall be made only by laying off
persons without pay. The order of removal shall begin with
the person youngest in point of his accumulated total service
in the departmental service and shall continue upward until
all persons to be removed have been laid off. Layoffs shall
be made from positions only within the classes above set
forth. The names of persons laid off, the date, the class of
position held, and the order in which each person was
laid off shall be reported to the board by the appointing
authority. The board shall, thereupon, enter such information
upon the reemployment list applicable for the class from
which each person was removed.

(V) Corrective and Disciplinary Action

(V) (1) The tenure of persons who have been regularly
and permanently inducted into positions of the classified
service shall be during good behavior. However, the ap-
pointing authority may remove any employee from the serv-
ice, or take such disciplinary action as the circumstances
warrant in the manner provided below for any one of the
following reasons:

(a) Unwillingness or failure to perform the duties of
his position in a satisfactory manner.

 The willful violation of any provision of this Section
or of any rule, regulation, or order hereunder.

(o) Any other act or failure to act which the board deems
sufficient to show the offender to be an unsuitable or unfit
person to be employed in the respective service.

(2) Unless the cause or condition justifies an employee
bemg permanently removed from the service, disciplinary
action may extend to suspension without pay for a period
not exceeding the aggregate of ninety days in any period
of twelve consecutive months, reduction in pay to the rate
prevailing for the next lower class, reduction or demotion
to a position of any lower calss, and to the rate of pay
prevailing therefor, or such other less drastic action that
may be appropriate under the circumstances. Nothing con-
tained herein shall prevent any employee who is physically
unable to perform the duties of his position from exercising
his rights of voluntary retirement under any applicable law.

(3 1 Although it is incumbent upon the appointing au-
thority to initiate corrective or disciplinary action, the
board may, and shall upon the written request of any quali-
fied elector of the state which sets out the reasons therefor,
make an investigation of the conduct and performance of
any employee in the classified service and, thereupon may
render such judgment and order action to be taken by the
appointing authority. Such action shall be forthwith taken
by the appointing authority.

(4) In every case of corrective or diciplinary action
taken against a regular employee of the classified service,
the appointing authority shall furnish the employee and the
board a statement in writing of the action and the com-
plete reasons therefor.

(W) Appeals by Employees. Any regular employee in the
classified service who feels that he has been discharged
or subject to any corrective or disciplinary action without
just cause, may, within fifteen days after the action, de-
mand in writing, a hearing and investigation by the board
to determine the reasonableness of the action. The board
shall grant the employee a hearing and investigation within
thirty days after receipt of the written request.

All such hearings and investigation conducted by the
; board pursuant to the provisions of this Section shall be
opened to the public. No hearing and investigation shall
be held unless both the employee and the appointing au-
thority have been advised at least ten days in advance of
the date, time, and place therefor. If either the appointing
authority or the employee fails to appear at the place, and
on the day and at the hour fixed for the hearing, the board
may decide the issue involved on the basis of the evidence
adduced and confined to the question of whether the action
taken against the employee was made in good faith for
cause set forth in the provisions of this Section. Both the em-
ployee and the appointing authority shall be afforded an
opportunity to appear before the board, either in person or
with counsel, and present evidence to show that the action
was or was not taken in good faith for cause as set forth
in the provisions of this Section. The board shall have com-
plete charge of any such hearing and investigation, and may



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llth Days Proceedings— July 6, 1973



conduct it in any manner it deems advisable, without pre-
judice to any person or party thereto. The procedure fol-
lowed shall be informal and not necessarily bound by the
legalistic rules of evidence. The board shall not be required
to have the testimony taken and transcribed, but either
the employee or the appointing authority may. at their own
expense, make the necessary arrangements therefor. In
such cases the board may name any competent shorthand
reporter as the official reporter. If the testimony is not taken
or transcribed, then the board shall make a written finding
of the fact. After such investigation the board may, if the
evidence is conclusive, affirm the action of the appointing
authority. If they find that the action was not taken in
good faith for cause under the provisions of this Section,
the board shall order the immediate reinstatement or reem-
ployment of such person in the office, place, position, or em-
ployment from which he was removed, suspended, demoted,
or discharged, which reinstatement shall, if the board so
provides, be retroactive and entitle him to his regular pay
from the time of removal, suspension, demotion, discharge,
or other disciplinary action. The board may modify the orde:
of removal, suspension, demotion, discharge, or other dis-
ciplinary action by diredting a suspension without pay, for
a given period. The decision of the board, together with its
written finding of fact, if required, shall be certified, in
writing, to the appointing authority and shall be forthwith
enforced by the appointing authority.

Any employee under classified service and any appointing
authority may appeal from any decision of the board, or
frcm any action taken by the board under the provisions of
the Section which is prejudicial to the employee or appoint-
ing authority. This appeal shall be taken by serving the
board, within thirty days after entry of its decision, a
written notice of appeal, stating the grounds thereof and de-
manding that a certified transcript of the record, or written
findings of fact, and all papers on file in the office of the
board affecting or relating to such decision, be filed with
the designated court. The board shall, within ten days aftei
the filing of the notice of appeal, make, certify, and file
the complete transcript, with the designated court, and that
court shall thereupon proceed to hear and determine the
appeal in a summary manner. This hearing shall be con-
fined to the determination of whether the decision made by
the board was made in good faith for cause under the
provisions of this Section. No appeal to the court shall be
taken except upon these grounds.

(X) Board Powers; Refusal to Testify. The board, and
each of its members, shall have the same power and
authority to administer oaths, subpoena witnesses, and com-
pel the production of books and papers pertinent to any in-
vestigation or hearing authorized by this Section as is pos-
sessed by the district courts of Louisiana. Any person who
(1) fails to appear in response to a subpoena, (2) fails to
answer any question, except those which may incriminate
him. (3) fails to produce any books or papers pertinent
to any investigation or hearing, or (4) knowingly gives
false testimony therein shall be subject to the penal sections
of this Section. In case of contumacy or refusal to obey a
subpoena issued to any person, the district court within the
jurisdiction of which the investigation is being carried on,
or within the jurisdiction of which the person guilty of
contumacy or refusal to obey is found, or resides, or trans-
acts business, upon application of the board, shall have the
requisite jurisdiction to issue to the person an order re-
quiring him to appear before the board, its member or
agent, and to produce the required evidence or give testi-
mony touching the matter under consideration or in ques-
tion. Any person failing to obey such order may be punished
by the court for contempt.

Any officer or employee in the classified service who
willfully refuses or fails to appear before any court, officer,
board, body or person properly authorized to conduct any
hearing or inquiry, or any employee or officer, who, having
appeared, refuses to testify or answer any relevant question
relating to the affairs of government of the municipality or
the conduct of any municipal officer or employee, except
upon the ground that his testimony or answers would in-
criminate him. shall, in addition to any other penalty to
which he may be subject, forfeit his position, and shall not



be eligible for appointment to any position in the classified
service for a period of six years.

(Y) Municipal Officers and Employees; Duties. The ap-
pointing authority shall report to the board within fif-
teen days following any appointment or employment in a
position in the classified service, unless otherwise pro-
vided, the name of the appointee, the title and character of
his office or employment and the date the employee com-
menced work in the position. The appointing authority shall
also report the date of and official action in, or knowledge
of, any separation, promotion, demotion, suspension, lay-
off, reinstatement, or reemployment in the classified section.

(Z) Acts and Activities Prohibited

(Z) (1) Political Activities Prohibited, (a) Political activ-
ities by and extending to employees of the classified service
are hereby prohibited as follows:

(i) No person shall seek or attempt to use any political
endorsement in connection with any appointment to a posi-
tion in the classified service.

(ii) No person shall use or promise to use, directly or in-
directly, any official authority or influence, whether pos-
sessed or anticipated, to secure or attempt to secure for
any person an appointment or advantage in appointment to
a position in the classified service, or an increase in pay
or other advantage in employment in any such position, for
the purpose of influencing the vote or political action of
any person, or for any consideration.

(iii) No employee in the classified service shall, directly
of indirectly, pay, or promise to pay, any assessment,
subscription, or contribution for any political organization
or purpose, or solicit or take part in soliciting any such
assessment, subscription, or contribution. No person shall
solicit any such assessment, subscription, or contribution
of any employee in classified service. The prohibitions of
this Subsection shall not be construed as applying to mem-
bership dues paid, or contributions made, to nonpolitical
employee organizations, pension funds, civic enterprises, the
Louisiana Civil Service League, or any similar nonpolitical
and nonpartisan organization.

(iv) No employee in the classified service shall (a) be
a member of any national, state, or local committee of
a political party, (b) be an officer or member of a com-
mittee of any factional, political club or organization, (c)
be a candidate for nomination or election to public office,
(d) make any political speech or public political statement
in behalf of any candidate seeking to be elected to public
office, or (e) take any part in the management or affairs
of any political party or in the political campaign of any
candidate for public office, except to privately express his
opinion and to cast his vote.

(v) No person elected to public office shall, while serv-
in the elected office, be appointed to or hold any position
in the classified service.

(vi) No appointing authority, or agent or deputy thereof,
shall directly or indirectly demote, suspend, discharge, or
otherwise discipline, or threaten to demote, suspend, dis-
charge or otherwise discipline, or discriminate against any
person in the classified service for the purpose of influenc-
ing his vote, support, or other political activity in any
election or primary election. No appointing authority, or
agent, or deputy thereof, shall use his official authority
or influence, by threats, promises or other means, directly
or indirectly, to coerce the political action of any employee
in the classified service.

(b) The appointing authority shall discharge from the
service any employee whom he deems guilty of violating
any one or more of the provisions of this Section. The
board may, upon its own initiative, investigate any officer
or employee in the classified service whom it reasonably
believes guilty of violating any one or more of the pro-
visions of this Section. The board shall, within thirty days
after receiving the written charges, hold a public hearing
and investigation and determine whether such charges
are true and correct. If the board should find upon it
investigation of any employee that he has violated any
of the foregoing provisions, the board shall order the ap-
pointing authority to forthwith discharge the guilty em-
ployee from the service and the appointing authority shall
forthwith discharge the employee.

(c> Whoever violates this Section shall be subject to the
penalties provided in paragraph (A-2). In addidtion any
employee in the classified service who is discharged be-
cause of violating a foregoing provision shall not again



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-July 6, 1973



in the classified service for a period of six years from
the time of his discharge.

<2i Other Prohibited Acts. No peison shall

(a) Make any false statement, certificate, mark, rating,
or report with regard to any test, certification, or appoint-
ment made under any provisions of this Section or commit
or attempt to commit any fraud preventing the impartial
execution of this Section and the rules.

(b) Directly or indirectly, give, render, pay, offer, solicit,
or accept any money, service, or other valuable considera-
tion for or on account of any appointment, proposed ap-
pointment, promotion, or proposed promotion to, or any
advantage in, a position in the classified service.

(c) Defeat, deceive, or obstruct any person in his right
to examination, eligibility, certification, or appointment
under this Section, or furnish to any person any special
or secret information for the purpose of affecting the rights
or prospects of any person with respect to employment
in the classified service.

(A-l) Legal Services. If this Section, or its enforce-
ment by the board is called into question in any judicial
proceeding, or if any person fails or refuses to comply
with the lawful orders or directions of the board, the
board may call upon the attorney general, or the chief
enforcing it. Nothing contained herein shall prevent any
legal officer of the municipality, or may employ indepen-
dent counsel to represent it in sustaining this Section and
municipal officer, employee, or private citizen from taking
legal action in the courts to enforce the provisions of
this Section or of any rule, order, or other lawful action
of the board.

(A-2) Penalties. Whoever willfully violates any provision
of this Section or of the rules shall be fined not more
than five hundred dollars and shall, for a period of six
years, be ineligible for appointment to or employment in
any position of the classified service. If he is an officer
or employee of the classified service he shall forfeit his
office or position.

(A-3) Effect of Other Laws. This Section shall not be
rendered ineffective by any general law affecting munici-
pal employees or municipal departments in matters of clas-
sified civil service except that the applicability of this
Section shall be subject to and governed by the provisions
on state and city civil service of the constitution pro-
vided, however, that any city and any parish government
jointly with one or more cities under a plan of govern-
ment, having once elected to accept the provisions of state
and city civil service of the constitution may subsequently
elect and determine to accept the provisions of this Section
by a majority vote of its qualified electors voting at a
general or special election, ordered and held for this pur-
pose by the city or parish authorities, as the case may
be, in the manner set forth in the provisions on state and
city civil service of the constitution, provided further, that
no local election or elections pursuant to the provisions
of state and city civil service, insofar as they apply to
and affect this Section, and no local election or elections
pursuant to this Section shall be held more often than
once every four years, in any one city.

(A-4) Provisions Self-Operative. The provisions hereof
are self-executing and self-operative and the officials desig-
nated are authorized to carry the same into effect.

(A-5) Effective Date of Provisions. Any system of muni-
cipal fire and police civil service under Act 102 of 1944,
as amended, or under the provisions of Sections 2471 through
2508 of Title 33 of the Louisiana Revised Statutes of 1950
or under any provision of the Constitution of 1921, which
is in force on the effective date of this constitution, is
continued in effect under the provisions of this Section.

The rights of any person under Act 102 of 1944, as
amended, and under the above sections of the revised
statutes which exist on the effective day of this consti-
tution are continued in effect. Every rule, classification,
plan, or allocation established under the above provisions
which is in force on the effective day of this amendment
is continued in effect until it is amended or repealed by
the proper authority under this Section.



COMMITTEE REPORT WITH RESPECT TO COMMITTEE
PROPOSAL No. 11—

Article VII, Section 1. Retirement and Survivors' Benefits
Section 1. (A) Retirement System; Public School Em
p'.oyees .The legislature shall provide for the retirement of
teachers and other employees of the public schools through
the establishment of a retirement system or systems for
public school employees. Membership in such retirement sys
tern or systems shall eb a contractual relationship, the
accrued benefits of which shall not be diminished nor im-
paired, and the state shall guarantee any benefits pay-
able to a member of the system or to bis lawful beneficial y
at his death or retirement.
Source: La. Const. Art. XII, §23 (1921).

Comment: Revises the present constitutional provision by
deleting the kinds of employees to be covered by the
retirement fund. That provision requires the legislature
to provide for a retirement fund for teachers, employees
engaged in transporting students to and from schools, and
those engaged as janitors, custodians, and maintenance
employees.

The proposed provision requires the legislature to pro-
vide a retirement fund for teachers and other employees
of public schools. It requires that the rights of each
member in the contributions made by the member and by
the employer be maintained at all times.

Declares that membership in such system or systems
is a contractual relationship for which accrued benefits
shall not be diminished nor impaired and that the state
shall guarantee any benefits payable to a member of the
system or to his lawful beneficiary at his death or retire-
ment.

(B) Retirement System; State Officers and Employees
The legislature shall provide for the retirement of officer
and employees of the State of Louisiana or its political cor-
porations and political subdivisions, including persons em-
ployed jointly by state and federal agencies other than the
military service, through the establishment of a retirement
system or systems. Membership in any retirement system of
the state or of a political corporation thereof shall be a con-
tractual relationship, the accrued benefits of which shall not
be diminished nor impaired.

Source: La. Const. Art. XVIII, §§9, 9.1 (1921).
Comment: Combines the source provisions. Deletes the
enumeration of specific boards, commissions, and corpora-
tion and political subdivision, municipality, or parish re-
ferred to in the source provisions.

Deletes the second unnumbered paragraph from Sec-
tion 9 and 9.1.

The proposed provision requires the legislature to pro-
vide a system or systems for the retirement of officers
and employees of the state or its political corporations
and political subdivisions, including persons employed
jointly by state and federal agencies other than the
military service.

Declares that membership in such system or systems
is a contractual relationship for which the accrued bene-
fits shall not be diminished nor impaired.
 Financial Security for Surviving Spouses and Chidren
of Law Enforcement Officers in Certain Cases. (1) It is
hereby declared to be the public policy of this state, under
its police power, to provide for the financial security of
surviving spouses and dependent children of law enforce-
ment officers whhere such officers suffer death as a result
of injury sustained in the course of the performance of offi-
cial duties or ensuing from any activity while on or off
duty engaged in the protection of life or property.

1 2) Law enforcement officers, within the meaning of this
Section„shall include: all sheriffs and deputy sheriffs in
the state employed on a full-time basis; all members of the
state police thus employed; those municipal police officers
to whom state compensation is or may be paid as provided
by law; all enforcement personnel of the Louisiana Wildlife
and Fisheries Commission; capitol security police; guards
at state-owned hospitals; sucurity officers on the campuses
of state-owned colleges and universities; guards at state
penal institutions; enforcement personnel of dock boards
and levee beards; and other state employees whose primary
responsibility is the full-time protection of state property;
provided, however, that honorary law enforcement officers,
all state probation and parole officers, including juvenile
probation and parole officers shall not be construed or in-
terpreted to be such law enforcement officers within the
purview of this act.

(3) In any case in which a law enforcement officer, as



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llth Days Proceedings — July 6, 1973



defined by this Section, suffers death, under the conditions
described in Paragraph (A), the legislature shall appro-
priate the sum of ten thousand dollars, which shall be
paid to the surviving spouse cf such law enforcement officer,
and in addition thereto, should such law enforcement office:
be survived by minor children, the legislature shall ap-
propriate the sum of five thousand dollars for each of the
said minor children, which sum shall be paid to the duly
appointed and qualified tutor or other legal representative
of said child.

<4> No such payment shall be made until a judgment of
a court of competent jurisdiction has become final and such
judgment has decreed that the law enforcement officer did
suffer death as a result of the conditions described in Para-
graph (A) above.

(5) Suit shall be instituted by the attorney general against
the legislative auditor in the district court of the parish
in which the state capitol is situated in any case where
it appears that such a law enforcement officer has suffered
death in the circumstances provided by this Section and
jurisdiction over such suit is hereby conferred on said court.
Any judgment rendered by such court shall be subject to
appeal as in other civil matters.

(6) Such suit may be instituted under the laws applicable
to declaratory judgments and any such suit shall be re-
garded as presenting a justiciable controversy between the
attorney general and the legislative auditor.

(7) This Section shall be self-operative and no further
or additional legislation shall be required to place the pro-
visions hereof in effect.

Source: La. Const. Art. XIV, §15.2 (1921).

Comment: The present provision allows survivors' benefits
only where death occurs from physical violence while en-
gaged in direct apprehension of a person during the per-
formance of duty.

The revision authorizes payment of benefits to widows
and children of law enforcement officers where death
results from injury sustained in the course of the per-
formance of official duties or activities, while on or off
duty, undertaken in the protection of life or property.

Expands definition of law enforcement officers to in-
clude guards at the State Capitol, guards at state-owned
hospitals, and security guards on the campuses of state-
owned colleges and universities, enforcement personnel
of dock boards and levee boards, and other state employees
whose primary responsibility is the full-time protection of
state property. It retains the provisio that honorary law
enforcement officers, all state probation and parole of-
shall not be construed or interpreted to be such law en-
ficers, including juvenile probation and parole officers
forcement officers within the purview of this act

Retains provision requiring the legislature to ap-
propriate ten thousand dollars which shall be paid to the
surviving widow and five thousand dollars to each surving
minor child of a law enforcement officer. The benefits
described are are allowed only where death is suffered by
a law enforcement officer as defined and under the condi-
tions described in this provision.

Retains provision withholding payment until a court of
competent jurisdiction issues a final judgment and decrees
that the law enforcement officer as defined suffered death
under the conditions described herein.

Retains provisions determining the legal procedure
without substantiye change.

Retains provisions relating to the self-operative nature
of this provision.

(D) Retirement Systems; Notice of Intention to Pro-
pose Amendments or Change; Publication. No proposal to
amend or effect any change in existing laws or provisions of
the constitution relating to any retirement system in this
stale shall be introduced into the legislature unless notice
of intention to introduce such proposal shall have been pub-
lished, without cost to the state, in the official state jour-
nal on three separate days, the last day of which is at
least thirty days prior to the convening of the legislature in
regular session. This notice shall state the substance of the
contemplated law or proposal to amend the constitution.
Evidence of publication of the notice shall be exhibited in



the legislature before the bill is passed, and every such bill
shall contain a recital that the notice has been given
Source: La. Const. Art. XIX, §25 (1921).

Comment: Retains present provision without substantive
change.

COMMITTEE REPORT WITH RESPECT TO COMMITTEE
PROPOSAL No. 12—

Article II, Section 1. Penal Institutions and Convict Labor
Section 1. (A) State Penal Institutions; Reimbursement
of Parish Expense. In parishes in which are located penal
institutions of the State of Louisiana, the expenses incurred
by the parish arising from crimes committed in such in-
stitutions or by the inmates or employees thereof shall be
reimbursed by the state.
Source: La. Const. Art. XIV, §17 (1921).
Comment: Retained without change.

(B) Convict Labor. No convict sentenced to the state
penitentiary shall ever be leased, or hired to any person
or persons, or corporation, private or public, or quasipublic.
No convict sentenced to the state penitentiary shall ever
oe employed in any enterprise in competition with private
enterprise.

Source: La. Const. Art. Ill, §33 (1921).

Comment: Prohibits the leasing of convicts and the em-
ployment of convicts in competition with private enter-
prise.

The source provision prohibits leasing of convicts to
any private, public, quasi-public person, corporation,
or board. The legislature may authorize employment,
under state supervision, of convicts on public roads or
other public works, convict farms or manufactures owned
or controlled by the state.

The proposed provision retains the prohibition of con-
vict leasing. Additionally, prohibits the employment of
convicts in competition with private enterprise.

(COMMITTEE REPORT WITH RESPECT TO COMMITTEE
PROPOSAL No. 13—

Article VII, Section 1. Arbitration

Section 1. The legislature shall pass such laws as may be
proper and necessary to decide differences, with the con-
sent of the parties, by arbitration.
Source: La. Const. Art. Ill, §36 (1921).

Comment: Rewords the present provision without substan-
tive change. Directs the legislature to pass laws, with
the consent of the parties, to provide for the settlement
of disagreements by arbitration.

COMMITTEE REPORT WITH RESPECT TO COMMITTEE
PROPOSAL No. 14—

Article VII, Section 1. Economic Security, Social Welfare,
Unemployment Compensation, and Public Health

Section 1. The legislature shall establish a system of
economic security, social welfare, unemployment compensa-
tion, and public health.

Source: La. Const. Art. XVIII, §7; Art. VI, §§11, 12 (1921).
Comment: Requires the legislature to establish a system of
economic security, social welfare, unemployment com-
pensation, and public health. Existing provisions (Art.
XVIII, §7) authorize the legislature to establish a system
of economic security and social welfare which may in-
clude programs of unemployment compensation, promot-
ing the health of mothers and children, care of crippled
children, aid to Confederate veterans and their widows,
and aid to the needy aged, blind, dependent children, and
other individuals. Other existing provisions (Article VI,
§§11, 12) require the legislature to create state, parish,
and municipal boards of health and require the legisla-
ture to provide for the interest of state medicine "in all
its departments."

COMMITTEE REPORT WITH RESPECT TO COMMITTEE
PROPOSAL No. 15—

ARTICLE XI. REVENUE AND FINANCE
Section 1. Power to Tax; Public Purpose
Section 1. The power of taxation shall be vested in the
legislature, shall never be surrendered, suspended, or con-
tracted away, and shall be imposed for public purposes
only.

Source: La. Const. Art. X, §1, 1 (1921).

Comment: Continues the existing provision vesting the tax-
ing authority in the legislature and imposed the tax
only for public purposes. Remainder of the source pro-
vision is covered by the property tax provision.
Section 2. Power to Tax; Limitation



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llth Days Proceedings — July 6, 1973



Section 2. The levy of a new tax and any increase in
an existing tax and any repeal of an existing exemption
from a tax shall require the favorable vote of two-thirds
of the members elected to each house of the legislature,
as evidenced by a recorded vote. A like vote shall be neces-
sary for the adoption of amendments to bills proposing
the same and to reports of conference committees.
Source: La. Const. Art. Ill, §25.1; Art. X, §l(a) (1921).
Comment: Requires two-thirds vote on all tax matters
The new provision also requires a two-thirds vote on
any repeal of an existing exemption from a tax.

Section 3. Collection and Refund of Taxes

Section 3. The collection of taxes shall not be restrained,
and procedures shall be provided for the recovery of illegal
taxes paid.

Source: La. Const. Art. X, §18 (1921).

Comment: This provision is substantially the same as Art.
X, §18, La. Const. 1921.

Section 4. Limitations on Taxing Power; Graduated
Rates, Severance Tax, and Subdivisions of the State

Section 4. (A) Equal and uniform taxes may be levied
upon net incomes, and such taxes may be graduated ac-
cording to the amount of net income; however, the state
individual income tax rate on the first ten thousand dol-
lars of taxable income for single return or twenty thousand
dollars of taxable income for joint return shall not exceed
two percent.

(B) Taxes may be levied on natural resources severed
from the soil or water, to be paid proportionately by the
owners thereof at the time of severance. Natural resources
may be classified for the purpose of taxation, and such
taxes may be predicated upon either the quantity or value
of the products at the time and place of severance. Nc
further or additional tax or license shall be levied or im-
posed upon oil, gas. or sulphur leases or rights, nor shall
any additional value be added to the assessment of lane
by reason of the presence of oil, gas, or sulphur therein
or their production therefrom. Likewise, severance taxes
shall be the only tax on timber; however, standing timber
shall be and remain liable equally with the land on which
it stands for ad valorem taxes levied on said land.

(C) Political subdivisions of the state shall no: levy
taxes on income, natural resources severed from soil or
water, or motor fuel. Any occupational license taxes levied
by a political subdivision shall not be greater than those
imposed by the state, and the total amount of any oc-
cupational license tax levied by a parish shall be reduced
by the amount of any municipal occupational license tax
levied.

(D) Three-fourths of the timber severance tax, one-third
of the sulphur severance tax, one-fifth of the severance
tax on all other natural resources severed from the soil
or water, and one-tenth of the royalties from mineral
leases on state-owned property shall be remitted to the
governing authority of the parish in which severance oc-
currs in which production is had, except, the amount of sev-
erance tax on sulphur so remitted shall not exceed one
hundred thousand dollars to any parish for any year and
the amount of severance tax on all other natural resources
severed from the soil or water so remitted shall not ex-
ceed two hundred thousand dollars to any parish for any
year.

Source: La. Const. Art. IV, §2, 3; Art. X, §§1 2, 5, 8,
21; Art. XIV, §24.1 (1921).

Comment: Provides for limitation on taxes on incomes,
severance taxes, and taxing power of political subdivi-
sions. Requires that taxes on incomes be equal, uniform,
and graduated as did the 1921 Constitution. The refer-
ences to exemption have been eliminated because "...the
power to exempt from taxation, as well as the power
to tax, is an essential attribute of sovereignty, and
are generally granted only when and to the extent that
they may be deemed to conserve the general welfare.
The power to exempt may be exercised in the consti-
tution or in a statute, unless the constitution expressly
or by implcation prohibits action by the legislature on
the subject." (See 84 C.J.S. 414-415)

Paragraph B of Section 4 keeps the state income
tax rate at no more than two percent for the lower



income tax brackets. The income tax rates for the
higher biackets have been removed from the constitu-
tion.

The limitation on severance taxes on natural resources
represents no substantive change in the present law.
The $1.03 per ton tax ceiling on sulphur is deleted
since it is already statutory law. (See La. R.S. 47:633)
The limitation on the taxing power of political sub-
divisions has been expanded to include a prohibition
of the taxing of incomes. The prohibition against poli-
tical subdivisions taxing natural resources severed from
soil or water and motor fuel represents no change in
the present law. The limitation in occupational license
taxes has been changed to include alcoholic beverages
(Art. X, §8)

The new section contains the dedications of revenue
from state leases and severance taxes to political sub-
divisions as was in the 1921 Constitution.
Section 5. Annual Motor Vehicle License Tax
Section 5. The legislature shall impose an annual license
tax of three dollars on automobiles for private use, and
on all other motor vehicles, an annual license tax based
upon horsepower, carrying capacity, or weight, any or all.
No parish or municipality may impose any license fee on
motor vehicles.

Source: La. Const. Art. VI, §22(a) (1921).

Comment: No substantial change except no parish or
municipality can impose a license tax on motor ve-
hicles.

Section 6. Forestry

Section 6. Forestry shall be practiced in this state, and
the legislature shall enact laws therefor.
3ou:ce: La. Const. Art. VI, §2, 1 (1921).

Comment: This provision is substantially the same as the
first paragraph of Article VI, Section 2. The section
deletes the provision of Section 2 which authorizes parish
governing authorities to levy acreage taxes not exceed-
ing two cents per acre.
Section 7. State Debt; Full Faith and Credit Obligations
Section 7. (A) The state shall have no power to con-
tract, directly or through any state board, agency, or com-
mission, the incurring of debt or the issuance of bonds
except upon the affirmative vote of two-thirds of the mem-
bers elected to each house of the legislature, and then
only if the funds are to be used to repel invasion; sup-
press insurrection; provide relief from natural catastrophes;
reiund outstanding; indebtedness, but only to obtain a
lower effective rate of interest; or make capital improve-
ments, but only in accordance with a compiehensive cap-
ital budget, which the legislature shall adopt.

(B) If the purpose is to make capital improvements,
the nature, location, and if more than one project, the
amount allocated to each and the order of priority shall
be stated in the comprehensive capital budget which the
legislature adopts.

iCi The full faith and credit of the state shall be pledged
to the repayment of all bonds or other evidences of in-
debtedness issued by the state directly or through any
state board, agency, or commission.

(D) The legislature, by two-thirds affirmative vote of
he members elected to each house thereof, may propose
a statewide public referendum for the incurrence of debt
for any purpose for which the legislature is not herein
authorized to incur debt.
Source: La. Const. Art. I, §2 (1921), as amended by

Acts 1965, No. 168.
Comment: "The state shall have no power to contract,
directly or through any state board, agency, or com-
mission," is included to prevent evasion or prohibition
against incurrence of state debt by contracting in the
name of a state board, agency, or commission. Similar
language added to Louisiana Constitution of 1921 by
Acts 1965, No. 168 has been successful in achieving
this purpose.

Under this Section state debt may be incurred only
by affirmative vote of two-thirds of the elected member
ship of each house of the legislature and then only
for the following purposes: (1) repel invasion, (2) sup-
press insurrection, (3) provide relief from natural catas-
trophes, (4) refund outstanding indebtedness only to
obtain a lower effective rate of interest, and (5) make
capital improvements.

Under Louisiana Constitution of 1921, Art. I, §2,
state debt may be incurred only upon two-thirds vote
of elected membership of the legislature and then only



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llth Days Proceedings— July 6, 1973



for purposes (1), (2), and (5), enumerated in the im-
mediately preceding paragraph. In this Section, in ad-
dition to emergencies listed in (1) and (2), number
(3) was added as a result of the probability of occa-
sional natural catastrophes such as floods and hurri-
canes due to Louisiana's geographical location. Since
there exists some doubt as to whether refunding pro-
visions must be included in state constitutions for states
to have such authority, to extinguish any doubt (4)
was included to authorize refunding of state debt only
to obtain a lower effective rate of interest. Under (5)
state debt may be incurred to make capital improve-
ments only if the nature, location, and if more than
one project, the amount allocated to each and the order
priority is stated in a comprehensive capital budget
which shall be adopted by the legislature. Under this
Section the legislature is intended to have authority
to incur indebtedness to make capital improvements
only if the improvements are included in a compre-
hensive state capital budget. It is the intention of this
Section to force utilization by the state of a long-
term capital improvement plan.

All state indebtedness, whether contracted in the name
of the state or in the name of a state board, agency,
or commission, is secured by pledge of the full faith
and credit of the State of Louisiana. After the adoption
of this constitution, no revenue bonds may be issued
by the state or any state board, agency, or commission
Under Louisiana Constitution of 1921, Art. IV, §2 as
amended by Acts 1965, No. 168, it is provided, "this
prohibition (against incurrence of state debt) shall not
apply to cities, towns and villages, parishes, school
boards or any other local political subdivisions of any
kind..." (Explanation in parentheses supplied). Omission
of this language is not intended to alter existing law;
this Section applies to all state debt, whether con-
tracted directly or indirectly, and only local political
subdivisions are intended to be excluded from prohibi-
tion of this Section. (Limitation on incurrence of debt
by local political subdivisions is provided in this con-
stitution by Art. , Section )

It is not intended that this Section abrogate authority
granted in this constitution by Art. XI , allowing ex-
ceptions to prohibition against incurrence of state debt.
Under Louisiana Constitution of 1921, Art. IV, §2, the
above quoted exception in conjunction with other con-
stitutional provisions authorizes issuance of bonds sup-
ported by the full faith and credit of the state by various
agencies such as Port of New Orleans (Louisiana Con-
tion of 1921, Art. VI, §16 et seq.). Omission from this
Section of the above quoted exception is intended to alter
existing law so that only bonds supported by the full
faith and credit of the state may be issued and then only
by affirmative vote of two-thirds of the elected member-
ship of each house of the legislature.
Section 8 . State Debt; Interim Emergency Board
Section 8 . (A) The Interim Emergency Board hereby is
created and shall be composed of the governor, the state
treasurer, the legislative auditor, the chairman of the Senate
Finance Committee, and the chairman of the House Ap-
propriations Committee, or their designees.

(B) During the interim between sessions of the legis-
lature, whenever it is determined by majority vote of the
Interim Emergency Board that an emergency exists, and then
only for a purpose for which the legislature may appropriate
funds, after having obtained, as provided by law, the written
consent of two-thirds of all members elected to each house
of the legislature, the Interim Emergency Board may ap-
propriate from the State General Fund, or borrow upon the
full faith and credit of the state an amount to care for
an emergency, which is an event or occurrence not reason-
ably anticipated by the legislature.

(C) The aggregate of indebtedness outstanding at any or.e
time and the amount appropriated from the State General
Fund for the current fiscal year, under the authority of this
Section, shall not exceed one-tenth of one percent of total
state revenue receipts for the previous fiscal year.

(D) Each fiscal year, as a first priority, there hereby is
allocated from the State General Fund an amount sufficient



to pay any indebtedness incurred during the preceding fiscal
year under the authority of this Section.
Source: La. Const. Art. IV, §§l(a) and 17 (1921).
Comment: The Board of Liquidation of the State Debt,
created pursuant to Louisiana Constitution of 1921, Art.
IV, §l(a), is abolished; the Interim Emergency Board is
created with powers, duties, and fuctions different from
the Board of Liquidation of the State Debt.

Under this Section it is intended the Interim Emer-
gency Board is authorized to appropriate from the State
General Fund or to borrow upon the full faith and credit
of the state only if the following conditions are met:
(1) Certification by the board that there exists an emer-
gency, which is an event or occurrence not reasonably
anticipated by the legislature;

Note: It is not intended the Interim Emergency Board
shall have authority to appropriate from the State Gen-
eral Fund or to borrow upon the full faith and credit
of the state for any cause which already has been
considered by the legislature or which reasonably could
have been foreseen by the legislature.

(2) Receipt of written consent by two-thirds of all
members elected to each house of the legislature;

(3) The emergency shall be for a purpose for which
the legislature may appropriate funds;

(4) The total amount of indebtedness outstanding at
any time, and the amount appropriated from the State
General Fund for the current fiscal year, under the au-
thority of this Section, shall not exceed one-tenth of
one percent of total state revenue receipts for the previous
fiscal year.

Note: "Total state revenue receipts" is intended to in-
clude all revenue receipts, whether or not of a tax
nature. Therefore, inclusive are federal grants, mineral
revenues, etc.
Section 9 . State Debt; Maximum Debt Service Expense
for All Purposes

Section 9. The legislature shall enact no law authorizing
the incurrence of state debt, whether contracted directly by
the state or indirectly through a state board, agency, or
commission, if incurrence of the indebtedness would result
in total annual debt service requirements on all state ob-
ligations, whether outstanding or authorized and unissued,
exceeding an amount equal to fifteen percent of the average
total revenues from state sources available for debt service
for the preceding three years.
Source: New

Comment: Under this Section total state indebtedness, whet
contracted directly by the state or throught any state
board, agency, or commission, and whether outstanding,
authorized and unissued, or proposed, shall not result
in total annual debt service requirements exceeding 15
percent of the average total revenues from state sources
for the preceding three years.

As used in this Section, "total revenues from state
sources" includes only state funds available for debt
service. Thus, inclusive not only are tax collections, but
also all other state revenues. However, federal funds are
excluded. Nothing contained herein is intended to prevent
the use of federal funds for debt service requirements
But it is not intended federal funds, even if available for
debt service requirements, should be included in "total
state levenue receipts" for calculation of total state in-
debtedness permissible under this Section.

As used in this Section, "debt service requirements"
is intended to mean principal and interest due on all
state obligations, regardless of the manner of incurrence,
and irrespective of status of the obligations, whether out-
standing, authorized and unissued, or proposed.

Many states have avoided constitutional limitations on
state debt by utilization of one or more concepts, the
most often employed being the following: (1) revenue
bends and the special fund doctrine: this is a juris-
prudential rule, followed in some states, which provides
that issuance of revenue bonds, secured solely by revenue
from designated sources not resulting directly in new
or additional taxes, is a form of borrowing which is not
a debt and, therefore, excluded from the maximum state
debt limitation; (2) state boards, agencies, and commis-
sions: some courts have held that where the incurrence of
debt is contracted in the name of a state board, agency.
or commission, state debt is not incurred and, therefore,
the maximum state debt limitation is not applicable. It is



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intended this Section will prevent any and all evasion
of the state debt limitation provided herein.
Section 10 . State Debt; Political Subdivisions of the State;
Issuance and Sale of Obligations; State Bond Commis-
sion; Approval Required

Section 10 . (A) The State Bond Commission hereby is
created and its membership and authority shall be determ-
ined by the legislature.

(B) No bonds or other obligations shall be issued or sold
by the state, directly or through any state board, agency,
or commission, or by any political subdivision of the state,
unless prior written approval of the State Bond Commission
is obtained.
Source: New

Comment: The State Bond Commission, which under pre-
sent law (LSA-R.S. 39:401 et seq.) is a statutory com-
mission, is granted constitutional status. Membership of
the commission shall be determined by the legislature. It
is intended the authority of the commission shall be de-
termined by the legislature, provided this determination
shall be consistent with part (B) of this Section.

No bonds or other obligations of the state or any politi-
cal subdivision of the state shall be issued or sold with-
out prior written approval of the State Bond Commis-
sion. It is intended for this requirement to be applicable
irrespective of the nature of the security involved, i.e.,
whether obligation is supported by full faith and credit
of state, full faith and credit of political subdivision of
state, or by revenue bonds issued by political subdivi-
sions.

Since the financial status of the state is affected not
only by state indebtedness but also by indebtedness of the
state's political subdivisions, to promote financial sta-
bility and fiscal responsibility it is the intention of this
Section to require approval by the State Bond Commis-
sion of the issuance or sale of all obligations by the state
and its political subdivisions.

Section 11. Collection of State Funds; Bond Security and
Redemption Fund

Section 11. All money received by the state or by any
state board, agency, or commission, immediately upon re-
ceipt, shall be deposited in the state treasury, except money
received as grants or donations or other forms of assis-
tance when the terms and conditions thereof require other-
wise, and except money received by trade or professional
associations and then only if excluded by the affirmative
vote of two-thirds of the members elected to each house of
the legislature.

Subject to contractual obligations existing at the time this
constitution is adopted, all state money deposited in the
state treasury, except money received as grants or do-
nations or other forms of assistance when the terms and
conditions thereof require otherwise, shall be credited to a
special fund designated as the Bond Security and Redemp-
tion Fund. In each fiscal year there hereby is allocated from
the Bond Security and Redeemption Fund an amount suffi-
cient to pay all obligations, including but not necessarily
limited to principal, interest, premiums, sinking or reserve
fund requirements, which are secured by the full faith and
credit of the state and which become due and payable
within the current fiscal year. Thereafter, all money re-
maining in the Bond Security and Redemption Fund shall
be credited to the State General Fund.
Source: New

Comment: As used in this section, "All money received by
the state or by any state board, agency, or commission"
is intended to include all state revenue receipts, irre-
spective of source, with two exceptions, which are (1)
money received as grants or donations or other forms
of assistance when the terms and conditions thereof
deposit other than in the state treasury and (2) money
received by trade or professional associations and then
only if excluded by affirmative vote of two-thirds of the
members elected to each house of the legislature. The
first exception is intended to include both public and pri-
vate donations, grants or other forms of assistance. The
second exception is intended to allow the exclusion of
membership fees and other money contributed by mem-
bers of trade or professional associations. Exclusion is
possible only by two-thirds affirmative vote of each



house of the legislature. It is the intention of this Section
to allow exclusion under the second exception only
where there is involved money contributed by members
of trade or professional associations which money pri-
marily is used for operating expenses.

The language "Subject to contractual obligations exist-
ing at the time this constitution is adopted" is intended
to protect the holders of outstanding obligations of the
State of Louisiana and its boards, agencies, and com-
missions. Nothing herein is intended to impair any con-
tractual obligations existing at the time this constitu-
tion is adopted.

Under this section all obligations secured by the full
faith and credit of the state additionally will be secured
by the Bond Security and Redemption Fund, to which
is allocated each fiscal year a sum sufficient fully to
pay all obligations maturing within the current fiscal
year. The Bond Security and Redemption Fund is in-
tended to provide a first priority for payment of all ob-
ligations due and payable within the current fiscal year.
After satisfaction of debt service requirements on all
state obligations for the current fiscal year, the balance in
the Bond Security and Redemption Fund is credited to
the State General Fund.

The requirement that all state revenue receipts, with
two exceptions, shall be deposited in the state treasury,
with debt service requirements of the current fiscal year
receiving first priority, is intended to make more mean-
ingful the pledge of full faith and credit of the state,
thereby resulting in substantial savings to the state in
debt service requirement.
Section 12. Expenditure of State Funds

Section 12. (A) Money shall be drawn from the state
treasury only pursuant to an appropriation made in accor-
dance with law. Each appropriation shall be for a specific
sum of money and for a specified object.

(B) Total appropriations made by the legislature for any
fiscal year shall not be greater than the anticipated rev-
enues of the state.

(C) An appropriation shall be for a term no longer than
one year, and the legislature shall provide for the publica-
tion of a regular statement of receipts and expenditures of
all state money at intervals of not more than one year.

(D) Except as otherwise provided in this constitution ap-
propriation shall allocate to any object the proceeds of any
particular tax or a part or percentage thereof except w'nen
required by the federal government for participation in
federal programs.

(Ei No appropriation shall be made under the head or
title of contingent, nor shall an appropriation be made ex-
cept for public purposes.
Source: La. Const. Art. IV, §§1, 10 (1921).

Comment: It is the intention of this Section that money can
be withdrawn from the state treasury only pursuant to
an appropriation in accordance with law, inclusive of
which are the following requirements:

(A) An appropriation must be for a definite amount
and for a specified purpose. This represents no change in
substance of La. Const, of 1921, Art. IV, §10;

(B) The total appropriations authorized by the legis-
lature during any fiscal year shall not exceed anticipated
state revenues. "Anticipated state revenues" is intended
to mean estimated state revenues as enumerated in the
budget estimate submitted to the legislature each year
by the governor pursuant to Article XI, Section 13 of
this constitution. This provision is new and is intended
to promote fiscal responsibility;

(C) The term of an appropriation shall be no longer
than one year. This represents a change in La. Const, of
1921 Art. IV, §1 which imposes a maximum term of two
years. This change was prompted by reduction of fre-
quency of regular legislative sessions from two years to
one year. Also the legislature shall provide at least
once each year a publication of an accounting of all state
money, including detailed information regarding receipts
and expenditures.

(D) In Subdivision "D" of this Section the language "ex-
cept as otherwise provided in this constitution" refers

to severance tax dedications contained in Article ,

Section of this constitution. It is the intention of

this Section to abolish all other dedications, which
makes a pledge of the full faith and credit of the state
much more meaningful, thereby resulting in substantial
savings to the state through decreased interest expense
on state indebtedness, which always is secured by the



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full faith and credit of the state under Article XI, Section
7 of this constitution.

(E) Subdivision "E" of this section prohibits con-
tingency appropriations as provided in La. Const, of 1921,
Art. IV, §10.

(F) No appropriation shall be made except for public
purposes. No similar provision is contained in Louisiana
Constitution of 1921. Addition herein is intended to
prohibit appropriations for other than public purposes.

Section 13. Management of State Funds; Budgets.
Section 13. (A) The governor shall submit to the legisla-
ture, at a time fixed by law, a budget estimate for the
next fiscal year setting forth all proposed state expenditures
and anticipated state revenues, and shall submit a general
appropriation bill to authorize the proposed ordinary operat-
ing expenditures and, if necessary, a bill or bills contain-
ing recommendations in the budget for new or additional
revenues.

(B) The governor shall submit to each regular session of
the legislature a proposed five-year capital outlay pro-
gram with a request for implementation of the first year
of the five-year program. All capital outlay projects ap-
proved by the legislature shall be made a part of the
comprehensive state capital budget which shall be adopted
by the legislature.

Source: La. Const. Art. IV, §9 (1921).

Comment: It is the intention of this Section to require
the governor to submit to the legislature each year
not only a budget estimate of the next fiscal year
setting forth all proposed state expenditures and anti-
cipated state revenues in addition to a general appro-
priation bill for authorizing ordinary operating expenses
but also a five-year capital outlay budget with a re-
quest for implementation of the first year of the five-
year program. Also, all capital improvements must be
included in this comprehensive state capital budget which
shall be adopted by the legislature.

It is the intention of this Section to force capital
budgeting by the state.
Section 14. Management of State Funds; Public Record
Section 14. All reports and records of the collection,
expendituie, investment, and use of state moneys and all
reports and records relating to state obligatios shall be
matters of public record except returns of taxpayers and
matters pertaining thereto.
Source: New

Comment: No substantive change in existing statutory law
is intended, and it is not the intention of this Section
to require returns of taxpayers and matters pertaining
thereto to be public records. Also, it is not the inten-
tion of this section to prescribe exchange of informa-
tion between this state and the United States or other
states.
Section 15. Management of State Funds; Investment
Section 15. All money available for investment in the
custody of the state treasurer shall be invested as pro-
vided by law.
Source: New

Comment: This Section represents no change in existing
statutory law. It is the intention of this Section that
the legislature shall determine the manner and proce-
dure for investment of state money.
Section 16. Management of State Funds; Donation, Loan,
or Pledge of Public Credit

Section 16. (A) The funds, credit, property or things
of value of the state, or of any political corporation there-
of, shall not be loaned, pledged, or donated to or for any
person or persons, associations or corporations, public or
private, shall the state nor any political corporation pur-
chase or subscribe to the capital stock or stock of any
corporation or association whatever or for any private en-
terprise.

(B) Nothing contained in this Section shall prevent inter-
cooperation between the state and its political corporations
or between political corporations, or between the state or
its political corporations and the United States, or between
the state or its political corporations and any public or
private association or corporation or individual for a public
purpose.

Source: La. Const. Ait. IV, §12 (1921.1.

Comment: It is the intention of this Section to allow the
loan, pledge, or donation of property of the state or
its political corporations only for public purposes. This
Section represents a change in substance of the source
provision, which prohibited any funds, credit, property
or things of value of the state or its political corpora-
tions to be loaned, pledged or donated to any person
for any purpose excluding certain exceptions contained
within the source provision. Under this Section the
term "public purpose" is left to interpretation by the
judiciary so that there is sufficient flexibility for a
lasting and workable document.

Contra to La. Const, of 1921, Art. IV, §12, under
this Section inter corporation is permissible between the
state and its political corporations or between politi-
cal corporations or between the state and its political
corporations and the United States.
Section 17. Release of Obligation to State, Parish or
Municipal Corporation; Taxes on Confiscated Property

Section 17. The legislature shall have no power to re-
lease or extinguish, or to authorize the releasing or ex-
tinguishment, in whole or in part, of the indebtedness,
liability, or obligation of any corporation or individual to
the state, or to any parish or municipal corporation there-
of; provided, that the heirs to confiscated property may
be released from all taxes due thereon at the date of
its reversion to them; however, whenever any immovable
property has been forfeited or adjudicated to the state
for the nonpayment of taxes due prior to January 1, 1880,
and the state did not sell or dispose of the same, or dis-
processes the tax debtor or his heirs successors, or assigns
prior to the adoption of the Constitution of 1921, it shall
be presumed conclusively that such forfeiture or adjudica-
tion was irregular and null, or that the property has been
redeemed, and the state and its assigns shall be estopped
forever from setting up any title to such property by virtue
of such forfeiture of adjudication.

Source: La. Const. Art. IV, §13; Art. X, §20 (1921).
Comment: This section represents no change in substance
of the source provisions, but there is modernization of
language. This section is retained in this constitution
for protection of certain property rights and for quieting
to the disputes in addition to prohibiting the legislature
from releasing or extinguishing obligations in favor of
the stale or its political subdivisions, provided heirs to
confiscated property may be released from all taxes
due thereon at the date of its reversion.
Section 18. Legislation to Enable Compliance with Fed-
eral Laws and Regulations to Secure Federal Aid in
Capita! Improvement Projects

Section 18. The legislature may enact legislation to en-
able the state, its agencies, boards, and commissions, and
political subdivisions of the state and their agencies to
comply with federal laws and regulations in order to secure
federal participation in the cost of capital improvement
projects.

source: La. Const. Art. IV, §18 (1921).

Comment: This Section represents no change in substance
of the source provision, but there is modernization of
language. As provided in the source provision, this Sec-
tion is intended to grant power to the legislature to
enact legislation to authorize relocation payments in ad-
dition to just compensation for property rights if neces-
sary to participate in federal capital improvement
projects.

COMMITTEE REPORT WITH RESPECT TO COMMITTEE
PROPOSAL No. 16—

Article Section Alienation of Water Bottoms;

Reservation of Mineral Rights

Section The legislature shall neither alienate nor au-
thorize the alienation of the beds of navigable water
bodies except for purposes of reclamation by the riparian
owner to recover land lost through erosion occurring sub-
sequent to the date of adoption of this constitution, pro-
vided such reclamation is effected within ten years from
the date on which the erosion occurs. Except as pro-
vided herein, no bed of any navigable water body may be
reclaimed except for public use. The mineral rights on all
property sold by the state shall be reserved, except where
the owner or other person having the right to redeem may
buy or redeem property sold or adjudicated to the state for



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taxes. This shall not prevent the leasing of such lands for
mineral or other purposes.
Source: La. Const. Art. IV, §2 (1921).

Comment: Changes the source provision to prohibit aliena-
tion of the beds of navigable water bodies except for re-
clamation of land lost through erosion and to require that
land formed by any other reclamation project be dedi-
cated to public use.

Article , Section Royalty Road Fund

Section From all mineral leases to be granted by the

state, as well as from all mineral leases heretofore granted
by the state on state-owned land, lake and riverbeds, and
other water bottoms belonging to the state or the title to
which is in the public for mineral development, it is hereby
provided that ten percent of the royalties received by the
state from such lease or leases shall be placed, by the state
treasurer, as received, in a special fund to the credit of the
parish from which the production is had, said fund to be
known as Royalty Road Fund and that said money so ac-
cumulated in said Royalty Road Fund to the credit of said
parish in which the production is had, shall be subject to
withdrawal by the State Department of Highways, or its
successor, for the purpose and shall be used exclusively by
said department or the successor thereof for the buildinr
and constructing of blacktop, concrete or other hard-
surfaced roads, highways, bridges, and tunnels in said par-
ish, and to purchase, operate, and maintain automobile
ferries in said parish.
Source: La. Const. Art. IV, §2 H3 (1821).
Comment: Provides no change from the source provision.

Article , Section Minerals Beyond Three-Mile

Limit

Section All revenues and royalties of every nature

and kind obtained from minerals of all kinds located be-
yond the three-mile limit of the coastal waterways of the
State of Louisiana, shall be the property of the State of
Louisiana, and all funds derived therefrom shall be de-
posited in the state treasury and dedicated to the retire-
ment and payment of all existing bonded indebtedness of
the State of Louisiana.
Source: La. const. Art. IV, §2(b) (1921).
Comment: Provides no change from the source provision.

Article , Section Tideland Mineral Revenues:

Use of Funds

Section Notwithstanding any other provision of the

constitution or of the laws of this state, all funds receivec"
by the State of Louisiana during the calendar year 1966 and
thereafter from revenues derived from tidelands mineral
leases and now or hereafter held in escrow under an agree-
ent executed by and between the State of Louisiana and
the United States government pending settlement of the
claims of the State of Louisiana with regard to its protion
of such revenues, but not including any portion of such funds
derived from royalties received by the state from minera'
leases which are required to be placed in the Royalty Road
Fund to the credit of the parish from which production i
had and not including any portion of such funds now dedi-
cated or allocated to public education purposes, shall be
credited by the state treasurer to a special fund in the
state treasury.

So much of the monies credited to the special fund here-
inabove provided for as are needed for the purpose shall
be expended by the state treasurer, when authorized and
directed to do so by the Board of Liquidation of the Stale
Debt, to purchase and retire in advance of maturity the
callable bonds or other evidences of indebtedness of the
State of Louisiana or its agencies, boards, and commissions
Monies thereafter remaining on deposit in said special fund,
which cannot be expended immediately for the purpos:
hereinabove provided, hsall be invested by the state trea-
surer, in such amounts as he in his discretion may deem ad-
visable and in the best interest of the state. Such funds, in-
cluding any interest earned thereon, shall be invested and
reinvested in time certificates of deposit in state banks or-
ganized under the laws of Louisiana or national banks hav-
ing their principal office in the State of Louisiana and in
short-term United States Treasury bills and in bonds and
other direct obligations of the United States government.

Out of the total funds remaining in the said special fund



on the last day of each calendar year there shall be set
aside such amount as is needed to pay the principal of and
interest on the outstanding bonded and other indebtedness
of the state and its agencies, boards, and commissions in
the next succeeding calendar year, as hereinabove provided,
and such funds so set aside shall be so used. Thereafter,
not more than ten percent of the total value of the said
special fund remaining on the last day of each preceding
calendar year, up to but not in excess of ten million dollars,
may be appropriated by the legislature during the first cal-
endar year following the adoption of this amendment in
1966 and in any calendar year thereafter, for capital im-
provements, including the purchase of land, architect and
engineering fees, construction costs and equipment for
buildings, and other costs.

This Section shall be self-operative and shall require
no further or other legislation to place it into effect.
Source: La. Const. Art. TV, §2(d) (1921).
Comment: Provides no change from the source provision.

Article , Section Commissioner of Agriculture

Section The Department of Agriculture shall be

j headed by the commissioner of agriculture, who shall be
' elected for a term of four years by the electors of the
state as prescribed by law. The duties and powers of the
commissioner shall be prescribed by the legislature.
, Source: La. Const. Art. V, §18; Art. VI, §13 (1921).
Comment: Provides no substantive change from the present
constitution except deletion of the provision authorizing
the legislature to consolidate the office and the provi-
sion mandating the legislature to enact laws fostering
agriculture and authorizing the legislature to enact laws
to limit or prohibit the cultivation of specified crops in
certain areas with compensation provided for damages
arising therefrom.

Article , Section Natural Resources and Environ-
ment; Public Policy

Section The natural resources of the state, includ-
ing air and water, shall be protected, conserved, and, insofar
as possible, replenished, consistent with the health, safety,
and welfare of all people. The healthful, scenic, historic, and
esthetic quality of the environment shall be preserved inso
far as possible. The legislature shall implement this policy
by appropriate legislation.
Source: La. Const. Art. VI, §1 (1921).

Comment: Enlarges the source provision to add an environ-
mental policy statement and a legislative mandate di-
recting the legislature to implement the public policy
set forth in the article.

Article , Section Wildlife and Fisheries Com-
mission

Section The wildlife of the state, including wild

game and nongame quadrupeds or animals, game, oysters,
fish and other aquatic life, are hereby placed under the
control and supervision of Louisiana Wildlife and Fish-
eries Commission, consisting of seven members, appointed
by the governor, six of whom shall serve for a term of
six years, and one of whom shall serve for a term concur-
rent with the term of the governor. Three shall be electors
of the coastal parishes and representatives of the com-
mercial fishing and fur industries, and three shall be elec-
tois from the state at large.

No member shall be eligible for reappointment who shall
have served for as many as six years or more.

The specific functions, duties, and responsibilities of the
commission and the compensation of its members shall
be as provided by the legislature.
Source: La. Const. Art. VI, §1(A) (1921).

Section A state forester shall be appionted by the

Louisiana Forestry Commission, and he must be a grad-
provision except deletion of provisions regarding dual
officeholding, salary, procedural matters, and selection
of a director.

Article , Section Forestry Commission

Section The practice of forestry in the State of

Lolsiana is hereby placed under a Louisiana Forestry Com-
mission, which is hereby established in the Executive De-
partment. The Louisiana Forestry Commission shall consist
of seven members, five of which are to be appointed by
the governor for terms of five years each, and two, namely
the head of the Department of Forestry at Louisiana State
University and Agricultural and Mechanical College and
the director of Wildlife and Fisheries, who shall serve as
i ex officio members of the commission by virtue of their
offices. Two of the members shall be owners or executive
! managers of interests owning and operating timberlands;



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one shall be the owner of farm lands interested in re-
forestation; one shall be a pulp and paper mill owner or
executive manager of interests manufacturing or treating
poles, piling, posts, crossties, or veneer.
Source: La. Const. Art. VI, §1(B) (1921).

Comment: Provides no substantive change from the source
provision except deletion of provisions regarding salary
of commissioners, domicile of commission, and other pro-
cedural matters.

Article , Section State Forester

Section A state forester shall be appointed a grad-
uate of forestry from an accredited school and have at
least four years of forestry experience in the south.
Source: La. Const. Art. VI, §1(B) (1921).

Comment: Provides no substantive change from the source
provision except deletion of provisions regarding the
powers, duties, and functions of the state forester.

Article , Section Public Service Commission

Section The Public Service Commission is hereby

created to consist of five members elected at the time
fixed for congressional election from districts established
by law for overlapping terms of six years, provided that
the legislature shall establish initial terms of less than
six years to implement said composition.
Source: La. Const. Art. VI, §§3, 8 (1921).

Comment: Changes composition of commission from three
to five members, deletes provisions concerning conflict
of interests, salary of commissioners, employment of
staff, and domicile of commission and requires the legis-
lature to establish new districts.

Article , Section Authority

Section The commission shall regulate all common

carriers and other public utilities, adopt and enforce reason-
able rules, regulations, and procedures for the discharge
of its duties, and perform such other functions as provided
by law.

Source: La. Const. Art. VI, §4 (1921).

Comment: Provides no substantive change from source pro-
vision in regard to authority of commission except de-
tions of provision to grant commission detailed, specific
powers.

Article , Section Limitations

Section The commission shall have no authority

to regulate any public utility operated by the governing
authority of a political subdivision except by the consent
of a majority of the electors voting in an election held
for that purpose, nor shall the commission have any au-
thority to regulate the price of natural gas sold for indus-
trial use.

Source: La. Const. Art. VI, §§4, 7 (1921).

Comment: Changes source provision to prohibit the com-
mission from regulating the price of natural gas sold
for industrial use.

Article , Section Decisions: Appeal

Section The commission shall render a decision on

a rate proposal within six months from the date of filing
of such proposal; otherwise, the proposed schedule may
be placed in effect by the utility under bond or other secur-
ity, in accordance with procedures to be fixed by the legis-
lature. If the commission should fail to render its decision
within an additional period of three months, the proposed
schedule shall be deemed approved. Any decision so ren-
dered shall be subject to judicial review in accordance
with procedures otherwise provided in this constitution.
Source: La. Const. Art. VI, §§5, 6 (1921).

Comment: Deletes provisions concerning the effect of de-
cisions of commission, with penalties for violation there-
of, procedures for issuance of a temporary restraining
order, review of appeals summarily, right of appeal
exclusively to the Nineteenth Judicial District Court
with appeal therefrom by right to the Louisiana Supreme
Court. Requires a timely decision on all rate proposals
and provides for judicial review in accordance with this
constitution.

Article , Section Geothermal-Geopressure Re-
sources

Section The state shall conserve, manage, and regu-
late the development and utilization of geothermal-geo-



pressure resources for the benefit of all people including
future generations.
Source: New

Comment: Sets forth the public policy of the state in
regard to development and utilization of geothermal-
geopressure resources.

Article , Section Mineral Rights; Alluvion

Section Mineral rights to land formed or exposed

by accretion or dereliction caused principally by acts of
man, on a water body the bed of which is owned by the
state, are retained by the state.
Source: New

Comment: Provides for the state to retain mineral rights
which would otherwise have been lost by operation of
La. Civil Code Art. 509 and Art. 510.

Article , Section Mineral Rights; Erosion

Section Mineral rights to land lost by erosion

caused principally by acts of man, on a navigable water
body, are retained by the riparian landowner.
Source: New

Comment: Provides for the riparian landowner to retain
mineral rights which would otherwise have been lost
by operation of La. Civil Code Art. 509 and Art. 510.

COMMITTEE RESOLUTION No.

Introduced by Delegate Lambert, Chairman, on behalf of
the Committee on Natural Resources and Environment, and
Delegates Bollinger, Derbes, Elkins, Guidry, Hardee, Jack,
LeBleu, Leigh, Miller, Munson, Perkins, Singletary, Thomp-
son, Velazquez, Warren and Womack:
A RESOLUTION
To urge and request the Committee on Revenue, Finance and
Taxation to revise La. Const. Art. IV, §12 to allow the
state to guarantee loans for agricultural purposes.

WHEREAS, the Constitutional Convention recognizes the
need to foster and encourage agriculture; and

WHEREAS, a program wherein agricultural loans for pre-
serving and marketing agricultural products and for pro-
moting farm youth organizations is essential to agriculture.

THEREFORE, BE IT RESOLVED that this convention urge
and request the Committee on Revenue, Finance and Taxation
to revise La. Const. Art. IV, §12 to allow this state to guaran-
tee loans for agricultural purposes.

BE IT FURTHER RESOLVED by this convention that La.
Const. Art. IV, §§12(b) and (c) be retained if pledging the
state's credit for agricultural purposes is prohibited in the
new constitution.

COMMITTEE RESOLUTION No.

Introduced by Delegate Lambert, Chairman, on behalf of
the Committee on Natural Resources and Environment, and
Delegates Bollinger, Derbes, Elkins, Guidry, Hardee, Jack,
LeBleu, Leigh, Miller, Munson, Perkins, Singletary, Thomp-
son, Valeszquez, Warren and Womack:

A RESOLUTION
To urge and lequest the Committee on Revenue, Finance and
Taxation to revise La. Const. Art. VI, §§19, 22, and other
sections to allow the state to cooperate with the federal
governmen in order to insure maximum participation of
federal funds to construct state highways.
WHEREAS, the Constitutional Convention recognizes the
need to improve and beautify the state highway system; and
WHEREAS, a program to insure maximum participation of
federal funds is essential to construct, improve, and beautify
state highways.

THEREFORE, BE IT RESOLVED that this convention urge
and request the Committee on Revenue, Finance and Taxa-
tion to revise La. Const. Art. VI, §19, 22, and other sections
to allow the state to cooperate with the federal government
in order to insure maximum participation of federal funds
to construct state highways.

BE IT FURTHER RESOLVED by this convention that La.
Const. Art. VI, §19.3 be retained if use of highways funds
for purposes other than construction and maintenance of
highways is prohibited in the new constitution in such a
manner that participation of federal funds is curtailed.

Bill of Rights Minority Positions
TO: All Delegates to the Constitutional Convention of Lou-
isiana of 1973
FROM: Committee on Bill of Rights and Elections
RE: Minority Positions with Respect to "Article I. Declara-
tion of Rights"
The following minority reports to the committee proposal
on "Article I. Declaration of Rights" are submitted by mem-
bers of the committee.
Minority Report No. 1 by Delegates Stinson, Jenkins, and


132

PAGE 50

llth Days Proceedings— July 6, 1973



Weiss would include an additional section in the "Declara-
tion of Rights" as follows:

Section ... Rights of the Family

Laws restricting the right of an unmarried man and woman
to marry shall be limited to reasonable requirements as to
health, full consent, waiting period, registration, marriage of
relatives, and, in the case of minors, minimum age and paren-
tal consent. Subject to reasonable minimal standards of
health, education, and welfare of the child established by
law, parents have the paramount right to rear their children
in accordance with their own convictions.

Minority Report No. 2 by Delegates Dunlap, Jenkins, Stin-
son, and Weiss would delete the "Section 8. Freedom from
Discrimination" in its entirety from the "Declaration of
Rights".

Minority Report No. 3 by Delegates Jenkins. Dunlap, and
Weiss would delete the words "or cases in which no parole
or probation is permitted" from "Section 16. Trial by Jury
in Criminal Cases" in the "Declaration of Rights".

Minority Report No. 4 by Delegates Weiss, Roy, and Stin-
son would include an additional section in the "Declaration
of Rights" as follows:

Section ... Treason

Treason against the state shall consist only in levying war
against it. No person shall be convicted of treason except on
the testimony of two witnesses to the same overt act or on
his confession in open court.

Minority Report No. 5 by Delegates Roy, Soniat, and Weiss
would include an additional section in the "Declaration of
Rights" as follows:

Section ... Civil Service Rights

Everyone shall have an equal opportunity to apply for
civil service employment. Selection shall be based on merit
without unreasonable qualifications of age and sex. Civil
service employees, subject to dismissal for cause, have the
right to a hearing.

Minority Report No. 6 by Delegates Weiss, Dunlap, and
Stinson would include an additional section in the "Declara-
tion of Rights" as follows:

Section ... Cultural Rights

People within the state having a distinct language or cul-
ture have the right to conserve the same.

Minority Report No. 7 by Delegate Stinson would delete
from "Section 3. Right to Individual Dignity" of the "Declar-
ation of Rights" the word "sex,".

Introduction of Resolutions
Delegate and Committee Resolution

The following delegates and Chairmen on behalf of their
committees introduced the following entitled resolutions:

DELEGATE RESOLUTION No. 24—

Introduced by Delegate Abraham:

A RESOLUTION
Relative to explanation of Substantive
posals.

Read.

Lies over under the rules.

Reports of Committees

The following reports of commitees were received and
read:

Delegate Stovall, chairman, on behalf of the Commit-
tee on Rules, Credentials and Ethics, submitted the following
report:

State of Louisiana

Constitutional Convention

of 1973



Committee Pro-



and



July 6, 1973, Baton Rouge, La.
Delegates of the Constitutional



COMMITTEE RESOLUTION No. 4—

Introduced by Delegate Stovall, Chairman, on behalf of the
Committee on Rules. Credentials and Ethics, and Delegates
Arnette, Bel, Bollinger, Corne, Elkins, McDaniel, Mire, Sin-
gletary, Velazquez and Warren:

A RESOLUTION
Relative to amending the Standing Rules of the Constitu-
tional Convention to provide for regulation of lobbying
before the Constitutional Convention.

Reported with amendments.

COMMITTEE RESOLUTION No. 6—

Introduced by Delegate Stovall, Chairman, on behalf of
the Committee on Rules, Credentials and Ethics, and Dele-
gates Arnette, Bel, Bollinger, Corne, Elkins, McDaniel, Mire,
Singletary, Velazquez and Warren:

A RESOLUTION
Amending Rule No. 41 of the Standing Rules of the Constitu-
tional Convention, to change the placement of page
numbers on proposals to be introduced in this conven-
tion.

Reported favorably.

DELEGATE RESOLUTION No. 23—

Introduced by Delegates O'Neill, Thistlethwaite, and Corne:
A RESOLUTION
Amending Rule Nos. 3 and 36 of the Standing Rules of the
Constitutional Convention to provide for greater inde-
pendence of delegate voting.

Reported unfavorably.

Respectfully submitted,

JAMES L. STOVALL,
Chairman.

Suspension of the Rules

Delegate Stovall moved for a suspension of the rules in
order to consider the adoption of the resolutions contained
in the Committee Report.

Delegate Duval objected.

By a vote of 91 yeas and 23 nays the rules were suspended.

Delegate and Committee Resolutions
on Second Reading Reported by Committees

The following entitled Delegate and Committee Resolu-
tions reported by Committees were taken up and acted upon
as follows:

DELEGATE RESOLUTION No. 23—

Introduced by Delegates O'Neill, Thistlethwaite and
Corne:

A RESOLUTION
Amending Rule Nos. 3 and 36 of the Standing Rules of the
Constitutional Convention to provide for greater inde-
pendence of delegate voting.

Read.

Reported unfavorably by the Committee on Rules, Cre-
dentials and Ethics.

Delegate Stagg moved that the resolution be withdrawn
from the files of the Convention.

As a substitute Delegate De Blieux moved that the resolu-
tion be engrossed and passed to its third reading.

The vote recurred on the substitute motion.

By a vote of 35 yeas and 85 nays the Convention refused
to order the resolution engrossed and passed to its third
reading.

On motion of Delegate Stovall the resolution was with-
drawn from the files of the Convention.



To the Chairman
Convention:

I am directed by your Committee on Rules
and Ethics to submit the following report:



COMMITTEE RESOLUTION No. 4—

Introduced by Delegate Stovall, Chairman on behalf of the
Committee on Rules, Credentials and Ethics, and Delegates
Credentials j Arnette, Bel, Bollinger, Corne, Elkins, McDaniel, Mire Sin-
I gletary, Velazquez and Warren:



133



PAGE 51

llth Days Proceedings— July 6, 1973



A RESOLUTION

Relative to amending the Standing Rules of the Constitu-
tional Convention to provide for regulation of lobbying
before the Constitutional Convention.

Read.

Reported with the following amendments by the com-
mittees on Rules, Credentials and Ethics.

COMMITTEE AMENDMENT

Amendment proposed by Committee on Rules, Credentials
and Ethics to Committee Resolution No. 4 by Delegate
Stovall on behalf of the Committee on Rules, Credentials
and Ethics.

Amend original Resolution as follows:

AMENDMENT No. 1—

On page 2, line 32, after the word "proposition;" and be-
fore the word "nor" insert the words "nor to any delegate;".

On motion of Delegate Stovall the resolution was re-
turned to the Calendar subject to call.

COMMITTEE RESOLUTION No. 6—

Introduced by Delegate Stovall. Chairman, on behalf of
the Committee on Rules, Credentials and Ethics, and Dele-
gates Arr.ette, Bel, Bollinger, Corne, Elkins, McDaniel, Mire,
Singletary, Velazquez and Warren:

A RESOLUTION
Amending Rule No. 41 of the Standing Rules of the Constitu-
tional Convention, to change the placement of page
numbers on proposals to be introduced in this conven-
tion.

Read.

Reported favorably by the Committee on Rules, Creden-
tials and Ethics.

On motion of Delegate Stovall the resolution was adopted.

introduction of Proposals

The following named delegates and committees introduced
the following entitled Delegate and Committee Proposals
which were read by their titles and placed on the Calendar
for their second reading.

DELEGATE PROPOSAL No. 3—

Introduced by Delegate Asseff:

A PROPOSAL
Relative to legislation increasing financial burdens of school
boards.

Read.

Lies over under the rules.

DELEGATE PROPOSAL No. 4—

Introduced by Delegates Asseff, Lennox and Womack:
A PROPOSAL
RELATD7E TO THE MANAGEMENT OF THE STATE
HIGHWAY SYSTEM.

Read.

Lies over under the rules.

DELEGATE PROPOSAL No. 5—

Introduced by Delegate Weiss:

A PROPOSAL
To provide a guarantee of the right to life and to provide
exceptions thereto.

Read.

Lies over under the rules.

Delegate and Committee Resolutions

The following entitled Delegate and Committee Resolutions
lying over were taken up and acted on as follows:



COMMITTEE RESOLUTION No. 3—

Introduced by Delegate Stovall, Chairman, on behalf of the
Committee on Rules, Credentials and Ethics, and Delegates
Arnette, Bel, Bollinger, Corne, Elkins, McDaniel, Mire, Sin-
gletary, Velazqdez and Warren:

A RESOLUTION
Relative to amending the Standing Rules of the Constitu-
tional Convention to provide expressly for submission of
alternative proposals.

Read.

Under the rules the above resolution was referred to the
Committee on Rules, Credentials and Ethics.

COMMITTEE RESOLUTION No. 5—

Introduced by Delegate Stovall, Chairman, on behalf of the
Committee on Rules, Credentials and Ethics, and Delegates
Arnette, Bel, Bollinger, Corne, Elkins, McDaniel, Mire, Sin-
gletary, Velazquez and Warren:

A RESOLUTION
Amending Rule No. 44 of the Standing Rules of the Con-
stitutional Convention to clarify the requirement with
respect to the readings on three different days.

Read.

Under the rules the above resolution was referred to the
Committee on Rules, Credentials and Ethics.

COMMITTEE RESOLUTION No. 7—

Introduced by Delegate Stovall, Chairman, on behalf of
the Committee on Rules, Credentials, and Ethics, and Dele-
gates Arnette, Bel, Bollinger, Corne, Elkins, McDaniel, Mire,
Singletary, Valazquez and Warren:

A RESOLUTION
Relative to amending the Standing Rules of the Constitu-
tional Convention to provide for submission of minority
proposals.

Read.

Under the rules the above resolution was referred to the
Committee on Rules, Credentials and Ethics.

DELEGATE RESOLUTION No. 20—

Introduced by Delegate Asseff:

A RESOLUTION
To require each substantive committee to report to the Con-
vention any portion or portions of the constitution that
have been omitted and to indicate clearly and specifically
all changes that are being proposed.

Read.

Under the rules the above resolution was referred to the
Committee on Style and Drafting.

DELEGATE RESOLUTION No. 21—

Introduced by Delegate Brown:

A RESOLUTION
To send best wishes to the members of the Constitutional
Convention of Louisiana of 1921 still living and request
their assistance and advice.

Read.

On motion of Delegate Brown, and under a suspension of
the rules, the resolution was adopted.

DELEGATE RESOLUTION No. 22—

Introduced by Delegate O'Neill:

A RESOLUTION
To amend and readopt Paragraph B of Rule No. 62 of the
Standing Rules of the Constitutional Convention, relative
to the notice required for committee meetings.

Read.

Under the rules the above resolution was referred to the
Committee on Rules, Credentials and Ethics.

Proposals on Second Reading