louisianasenate.legis.louisiana.gov/documents/archives/1999/... · 2002-07-18 · part i. state and...

LOUISIANA

CONSTITUTION OF 1974

Randy L. Ewing Dennis R. Bagneris, Sr.President of the Senate President Pro Tempore

Louisiana State SenateNovember, 1998

Compiled from the Louisiana Senate Statutory Database.

TABLE OF CONTENTSPAGE

Preamble 1ARTICLE I. DECLARATION OF RIGHTS

§1. Origin and Purpose of Government 1§2. Due Process of Law 1§3. Right to Individual Dignity 1§4. Right to Property 1§5. Right to Privacy 1§6. Freedom from Intrusion 2§7. Freedom of Expression 2§8. Freedom of Religion 2§9. Right of Assembly and Petition 2§10. Right to Vote; Disqualification from seeking or holding an elective office 2§11. Right to Keep and Bear Arms 2§12. Freedom from Discrimination 2§13. Rights of the Accused 2§14. Right to Preliminary Examination 2§15. Initiation of Prosecution 3§16. Right to a Fair Trial 3§17. Jury Trial in Criminal Cases; Joinder of Felonies; Mode of Trial 3§18. Right to Bail 3§19. Right to Judicial Review 3§20. Right to Humane Treatment 4§21. Writ of Habeas Corpus 4§22. Access to Courts 4§23. Prohibited Laws 4§24. Unenumerated Rights 4§25. Rights of a Victim 4§26. State Sovereignty 4

ARTICLE II. DISTRIBUTION OF POWERS§1. Three Branches 4§2. Limitations on Each Branch 4

ARTICLE III. LEGISLATIVE BRANCH§1. Legislative Power; Composition; Continuous Body 5§2. Sessions 5§3. Size 6§4. Qualifications; Residence and Domicile Requirements; Term; Election Limitations; Vacancies 6§5. Taking Office 6§6. Legislative Reapportionment; Reapportionment by Supreme Court; Procedure 6§7. Judging Qualifications and Elections; Procedural Rules; Discipline; Expulsion; Subpoenas;

Contempt; Officers 6§8. Privileges and Immunities 7§9. Conflict of Interest 7§10. Quorum; Compulsory Attendance; Journal; Adjournment With Consent of Other House 7§11. Legislative Auditor 7§12. Prohibited Local and Special Laws 7§13. Local or Special Laws; Notice of Intent; Publication 8§14. Style of Laws; Enacting Clause 8§15. Passage of Bills 8§16. Appropriations 8§17. Signing of Bills; Delivery to Governor 9§18. Gubernatorial Action on Bills; Sign, Failure to Sign, Veto; Veto Session 9§19. Effective Date of Laws 9§20. Suspension of Laws 9

ARTICLE IV. EXECUTIVE BRANCH§1. Composition; Number of Departments; Reorganization 9§2. Qualifications 9§3. Election; Term 10§4. Compensation 10§5. Governor; Powers and Duties 10§6. Lieutenant Governor; Powers and Duties 11§7. Secretary of State; Powers and Duties 11§8. Attorney General; Powers and Duties 11§9. Treasurer; Powers and Duties 11§10. Commissioner of Agriculture; Powers and Duties 12§11. Commissioner of Insurance; Powers and Duties 12§12. Commissioner of Election; Powers and Duties 12§13. First Assistants; Appointment 12§14. Vacancy in Office of Governor 12§15. Vacancy in Office of Lieutenant Governor 12§16. Vacancies in Other Statewide Elective Offices 12§17. Declaration of Inability by Statewide Elected Officials 12§18. Determination of Inability of Statewide Elected Official 12§19. Temporary Absences 13§20. Appointment of Officials; Merger, Consolidation of Offices and Departments 13§21. Public Service Commission 13

ARTICLE V. JUDICIAL BRANCH§1. Judicial Power 14§2. Habeas Corpus, Needful Writs, Orders and Process; Contempt 14§3. Supreme Court; Composition; Judgments; Terms 14§4. Supreme Court; Districts 14§5. Supreme Court; Jurisdiction; Rule-Making Power; Assignment of Judges 14§6. Supreme Court; Chief Justice 14§7. Supreme Court; Personnel 15§8. Courts of Appeal; Circuits; Panels; Judgments; Terms 15§9. Courts of Appeal; Circuits and Districts 15§10. Courts of Appeal; Jurisdiction 15§11. Courts of Appeal; Certification 15§12. Courts of Appeal; Chief Judge 15§13. Courts of Appeal; Personnel 15§14. District Courts; Judicial Districts 15§15. Courts; Retention; Jurisdiction; Judicial District Changes; Terms 15§16. District Courts; Jurisdiction 16§17. District Courts; Chief Judge 16§18. Juvenile and Family Courts; Jurisdiction 16§19. Special Juvenile Procedures 16§20. Mayors' Courts; Justice of the Peace Courts 16§21. Judges; Decrease in Terms and Compensation Prohibited 16§22. Judges; Election; Vacancy 16§23. Judges; Retirement 17§24. Judges; Qualifications 17§25. Judiciary Commission 17§26. District Attorneys 17§27. Sheriffs 18§28. Clerks of Court 18§29. Coroners 18§30. Vacancies 18§31. Reduction of Salaries and Benefits Prohibited 18§32. Orleans Parish Courts, Officials 18§33. Jurors 18§34. Grand Jury 18

ARTICLE VI. LOCAL GOVERNMENTPART I. GENERAL PROVISIONS 19

§1. Parishes 19§2. Municipalities 19§3. Classification 19§4. Existing Home Rule Charters and Plans of Government 19§5. Home Rule Charter 19§6. Home Rule Charter or Plan of Government; Action by Legislature Prohibited 20§7. Powers of Other Local Governmental Subdivisions 20§8. Home Rule Parish; Incorporation of Cities, Towns, and Villages 20§9. Limitations of Local Governmental Subdivisions 20§10. Codification of Ordinances 20§11. Local Officials 20§12. Local Officials; Compensation 20§13. Vacancies 20§14. Increasing Financial Burden of Political Subdivisions 21§15. Local Governmental Subdivisions; Control Over Agencies 21§16. Special Districts and Local Public Agencies 21§17. Land Use; Zoning; Historic Preservation 21§18. Industrial Areas 21§19. Special Districts; Creation 22§20. Intergovernmental Cooperation 22§21. Assistance to Local Industry 22§22. Procedure for Certain Special Elections 22§23. Acquisition of Property 22§24. Servitudes of Way; Acquisition by Prescription 22§25. Courts Not Affected 22

PART II. FINANCE 22§26. Parish Ad Valorem Tax 22§27. Municipal Ad Valorem Tax 23§28. Local Governmental Subdivisions; Occupational License Tax 23§29. Local Governmental Subdivisions and School Boards; Sales Tax 23§30. Political Subdivisions; Taxing Power 24§30.1. Bonding and Taxing Authority of Certain Political Subdivisions and Other Public Entities 24§31. Taxes; Ratification 24§32. Special Taxes; Authorization 24§33. Political Subdivisions; General Obligation Bonds 25§34. Limitations on Bonded Indebtedness 25§35. Contesting Political Subdivision Bonds 25§36. Local Improvement Assessments 25§37. Revenue-Producing Property 25

PART III. LEVEE DISTRICTS 26§38. Levee Districts 26§39. Levee District Taxes 26§40. Bond Issues 26§41. Cooperation with Federal Government 26§42. Compensation for Property Used or Destroyed; Tax 26

PART IV. PORT COMMISSIONS AND DISTRICTS 27§43. Port Commissions and Districts 27

PART V. DEFINITIONS 27§44. Terms Defined 27

ARTICLE VII. REVENUE AND FINANCE

PART I. GENERAL PROVISIONS 28§1. Power to Tax; Public Purpose 28§2. Power to Tax; Limitation 28§2.1. Fees and Civil Fines; Limitation 28§3. Collection of Taxes 28§4. Income Tax; Severance Tax; Political Subdivisions 28§5. Motor Vehicle License Tax 29§6. State Debt; Full Faith and Credit Obligations 29§7. State Debt; Interim Emergency Board 30§8. State Bond Commission 31§9. State Funds 31§10. Expenditure of State Funds 32§10-A. Wildlife and Fisheries; Conservation Fund 33§10.1. Quality Trust Fund; Education 33§10.2. Wetlands Conservation and Restoration Fund 35§10.3. Budget Stabilization Fund 36§10.4. Higher Education Louisiana Partnership Fund; Program 37§10.5. Mineral Revenue Audit and Settlement Fund 38§10.6. Oilfield Site Restoration Fund 38§10.7. Oil Spill Contingency Fund 39§11. Budgets 39§12. Reports and Records 40§13. Investment of State Funds 40§14. Donation, Loan, or Pledge of Public Credit 40§15. Release of Obligations to State, Parish, or Municipality 41§16. Taxes; Prescription 41§17. Legislation to Obtain Federal Aid 41

PART II. PROPERTY TAXATION 41§18. Ad Valorem Taxes 41§19. State Property Taxation; Rate Limitation 42§20. Homestead Exemption 42§21. Other Property Exemptions 43§22. No Impairment of Existing Taxes or Obligations 45§23. Adjustment of Ad Valorem Tax Millages 45§24. Tax Assessors 46§25. Tax Sales 46

PART III. REVENUE SHARING 47§26. Revenue Sharing Fund 47

PART IV. TRANSPORTATION 48§27. Transportation Trust Fund 48

ARTICLE VIII. EDUCATIONPreamble 49§1. Public Educational System 49§2. State Superintendent of Education 49§3. State Board of Elementary and Secondary Education 49§4. Approval of Private Schools 49§5. Board of Regents 49§6. Board of Supervisors for the University of Louisiana System 50§7. Board of Supervisors of Louisiana State University and Agricultural and Mechanical

College; Board of Supervisors of Southern University and Agriculturaland Mechanical College 51

§7.1. Board of Supervisors of Community and Technical Colleges 51§8. Boards; Membership; Compensation 52§9. Parish School Boards; Parish Superintendents 52§10. Existing Boards and Systems Recognized; Consolidation 52§11. Appropriations; State Boards 52§12. Appropriations; Higher Education 52§13. Funding; Apportionment 52§14. Tulane University 53§15. Members of State Board of Elementary and Secondary Education; beginning and end of terms 53§16. Public Hospitals 53

ARTICLE IX. NATURAL RESOURCES§1. Natural Resources and Environment; Public Policy 54§2. Natural Gas 54§3. Alienation of Water Bottoms 54§4. Reservation of Mineral Rights; Prescription 54§5. Public Notice; Public Bidding Requirements 54§6. Tidelands Ownership 54§7. Wildlife and Fisheries Commission 54§8. Forestry 55§9. First Use Tax Trust Fund 55§10. Louisiana Investment Fund for Enhancement 56

ARTICLE X. PUBLIC OFFICIALS AND EMPLOYEESPART I. STATE AND CITY CIVIL SERVICE 56

§1. Civil Service Systems 56§2. Classified and Unclassified Service 57§3. State Civil Service Commission 57§4. City Civil Service Commission 58§5. Removal 58§6. Department of Civil Service; Directors 58§7. Appointments; Promotions 58§8. Appeals 59§9. Prohibitions Against Political Activities 59§10. Rules; Investigations; Wages and Hours 59§11. Penalties 60§12. Appeal 60§13. Appropriations 60§14. Acceptance of Act; Other Cities, Parishes, City and Parish Governed Jointly 61§15. City, Parish Civil Service System; Creation; Prohibition 61

PART II. FIRE AND POLICE CIVIL SERVICE 61§16. Establishment of System 61§17. Appointments and Promotions 61§18. Prior Provisions 61§19. Exclusion 62§20. Political Activities 62

PART III. OTHER PROVISIONS 62§21. Code of Ethics 62§22. Dual Employment and Dual Officeholding 62§23. Compensation of Elected Public Officials; Reduction 62§24. Impeachment 62§25. Removal by Suit; Officials Subject 62§26. Recall 62§27. Filling of Vacancies 62§28. Definition of Vacancy 62§29. Retirement and Survivor's Benefits 63§29.1. Part-time Public Officials 64§30. Oath of Office 64

PART IV. STATE POLICE SERVICE 64§41. State Police Service 64§42. Classified and Unclassified Service 64§43. State Police Commission 65§44. Director 65§45. Appointments; Promotions 65§46. Appeals 65§47. Prohibitions Against Political Activities 65§48. Rules; Investigations; Wages and Hours 66§49. Penalties 67§50. Appeal 67§51. Appropriations 67

ARTICLE XI. ELECTIONS§1. Election Code 67§2. Secret Ballot; Absentee Voting; Preservation of Ballot 67§3. Privilege from Arrest 67§4. Prohibited Use of Public Funds 67§5. Registrar of Voters 67

ARTICLE XII. GENERAL PROVISIONS§1. State Capital 67§2. Civilian-Military Relations 67§3. Right to Direct Participation 67§4. Preservation of Linguistic and Cultural Origins 67§5. Successions; Forced Heirship and Trusts 68§6. Lotteries; Gaming, Gambling, or Wagering 68§7. State Penal Institutions; Reimbursement of Parish Expense 69§8. Welfare, Unemployment Compensation, and Health 69§8.1. Worker's Compensation 69§9. Exemptions From Seizure and Sale 70§10. Suits Against the State 70§11. Continuity of Government 70§12. Corporations; Perpetual or Indefinite Duration; Dissolution; Perpetual Franchises or

Privileges 70§13. Prescription Against State 70§14. Administrative Agency Codes 71

ARTICLE XIII. CONSTITUTIONAL REVISION§1. Amendments 71§2. Constitutional Convention 71§3. Laws Effectuating Amendments 71

ARTICLE XIV. TRANSITIONAL PROVISIONSPART I. 71

§1. Board of Regents 71§2. Board of Supervisors of Louisiana State University and Agricultural and Mechanical College 71§3. Board of Supervisors of Southern University 72§4. State Board of Elementary and Secondary Education; Board of Trustees for State Colleges and Universities72§5. Boards; New Appointments 72§6. Mandatory Reorganization of State Government 72§7. Legislative Sessions 72§8. Civil Service Commission; State; Cities 72§9. Civil Service Officers; Employees; State; Cities 72§10. Offshore Mineral Revenues; Use of Funds 73§11. Prescription; Tidelands Taxes 73§12. Forfeitures Prior to 1880 73§13. Effective Date of Property Tax Provisions 73

PART II. 73§14. Limitation on Transitional Provisions 73§15. Existing Officials 73§16. Provisions of 1921 Constitution Made Statutory 73§17. Provisions of Constitution of 1921 Repealed 74§18. Existing Laws 74§19. Ports; Transition to Statutes 74§20. Public Service Commission 74

PART III. 74§21. References to 1921 Constitution 74§22. Effect of Titles 74§23. Continuation of Actions and Rights 74§24. Protection of Existing Taxes 74§25. Impairment of Debt Obligations Prohibited 75§26. Constitution Not Retroactive 75§27. Legislative Provisions 75§28. Judiciary Commission 75§29. [Repealed by Acts 1986, No. 1082, §2.] 75§30. Commissioner of Elections 75§31. Pardon Board 75§32. Levee Districts; Compensation for Property 75§33. Suits Against the State; Effective Date 75§34. Exemption from Seizure and Sale 75§35. Effective Date 75§36. Effect of Adoption 76§37. Severability Clause 76

LOUISIANA CONSTITUTION OF 1974(as amended November 3, 1998)

PREAMBLE

We, the people of Louisiana, grateful to Almighty God for the civil, political, economic, andreligious 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; promotethe health, safety, education, and welfare of the people; maintain a representative and orderlygovernment; ensure domestic tranquility; provide for the common defense; and secure theblessings of freedom and justice to ourselves and our posterity, do ordain and establish thisconstitution.

ARTICLE I.DECLARATION OF RIGHTS

§1. Origin and Purpose of Government

Section 1. All government, of right,originates with the people, is founded on theirwill alone, and is instituted to protect therights of the individual and for the good of thewhole. Its only legitimate ends are to securejustice for all, preserve peace, protect therights, and promote the happiness andgeneral welfare of the people. The rightsenumerated in this Article are inalienable bythe state and shall be preserved inviolate bythe state.

§2. Due Process of Law

Section 2. No person shall be deprived oflife, liberty, or property, except by due processof law.

§3. Right to Individual Dignity

Section 3. No person shall be denied theequal protection of the laws. No law shalldiscriminate against a person because of raceor religious ideas, beliefs, or affiliations. Nolaw shall arbitrarily, capriciously, or

unreasonably discriminate against a personbecause of birth, age, sex, culture, physicalcondition, or political ideas or affiliations.Slavery and involuntary servitude areprohibited, except in the latter case aspunishment for crime.

§4. Right to Property

Section 4. Every person has the right toacquire, own, control, use, enjoy, protect, anddispose of private property. This right issubject to reasonable statutory restrictionsand the reasonable exercise of the policepower.

Property shall not be taken or damaged bythe state or its political subdivisions except forpublic purposes and with just compensationpaid to the owner or into court for his benefit.Property shall not be taken or damaged byany private entity authorized by law toexpropriate, except for a public and necessarypurpose and with just compensation paid tothe owner; in such proceedings, whether thepurpose is public and necessary shall be ajudicial question. In every expropriation, aparty has the right to trial by jury to determinecompensation, and the owner shall becompensated to the full extent of his loss. Nobusiness enterprise or any of its assets shall

PAGE -2- Louisiana Constitution of 1974 ART. I(as amended November 3, 1998)

be taken for the purpose of operating that lawful occupant. enterprise or halting competition with agovernment enterprise. However, amunicipality may expropriate a utility within itsjurisdiction.

Personal effects, shall never be taken. Butthe following property may be forfeited anddisposed of in a civil proceeding, as providedby law: contraband drugs; property derived inwhole or in part from contraband drugs;property used in the distribution, transfer,sale, felony possession, manufacture, ortransportation of contraband drugs; propertyfurnished or intended to be furnished inexchange for contraband drugs; property usedor intended to be used to facilitate any of theabove conduct; or other property because theabove described property has been renderedunavailable.

This Section shall not apply toappropriation of property necessary for leveeand levee drainage purposes.

§5. Right to Privacy

Section 5. Every person shall be secure inhis person, property, communications,houses, papers, and effects againstunreasonable searches, seizures, orinvasions of privacy. No warrant shall issuewithout probable cause supported by oath oraffirmation, and particularly describing theplace to be searched, the persons or things tobe seized, and the lawful purpose or reasonfor the search. Any person adversely affectedby a search or seizure conducted in violationof this Section shall have standing to raise itsillegality in the appropriate court.

§6. Freedom from Intrusion

Section 6. No person shall be quartered inany house without the consent of the owner or

§7. Freedom of Expression

Section 7. No law shall curtail or restrainthe freedom of speech or of the press. Everyperson may speak, write, and publish hissentiments on any subject, but is responsiblefor abuse of that freedom.

§8. Freedom of Religion

Section 8. No law shall be enactedrespecting an establishment of religion orprohibiting the free exercise thereof.

§9. Right of Assembly and Petition

Section 9. No law shall impair the right ofany person to assemble peaceably or topetition government for a redress ofgrievances.

§10. Right to Vote; Disqualification fromseeking or holding an elective office

Section 10.(A) Right to Vote. Every citizenof the state, upon reaching eighteen years ofage, shall have the right to register and vote,except that this right may be suspended whilea person is interdicted and judicially declaredmentally incompetent or is under an order ofimprisonment for conviction of a felony.

(B) Disqualification. The following personsshall not be permitted to qualify as acandidate for elective public office or takepublic elective office or appointment of honor,trust, or profit in this state:

(1) A person who has been convictedwithin this state of a felony and who hasexhausted all legal remedies, or who hasbeen convicted under the laws of any otherstate or of the United States or of any foreign


government or country of a crime which, if arrested or detained in connection with thecommitted in this state, would be a felony and investigation or commission of any offense, hewho has exhausted all legal remedies and has shall be advised fully of the reason for hisnot afterwards been pardoned either by the arrest or detention, his right to remain silent,governor of this state or by the officer of the his right against self incrimination, his right tostate, nation, government or country having the assistance of counsel and, if indigent, hissuch authority to pardon in the place where right to court appointed counsel. In a criminalthe person was convicted and sentenced. prosecution, an accused shall be informed of

(2) A person actually under an order of against him. At each stage of theimprisonment for conviction of a felony. proceedings, every person is entitled to

(C) Exception. Notwithstanding the appointed by the court if he is indigent andprovisions of Paragraph (B) of this Section, a charged with an offense punishable byperson who desires to qualify as a candidate imprisonment. The legislature shall provide forfor or hold an elective office, who has been a uniform system for securing andconvicted of a felony and who has served his compensating qualified counsel for indigents.sentence, but has not been pardoned for suchfelony, shall be permitted to qualify as acandidate for or hold such office if the date ofhis qualifying for such office is more thanfifteen years after the date of the completionof his original sentence.

§11. Right to Keep and Bear Arms

Section 11. The right of each citizen tokeep and bear arms shall not be abridged, butthis provision shall not prevent the passage oflaws to prohibit the carrying of weaponsconcealed on the person.

§12. Freedom from Discrimination

Section 12. In access to public areas,accommodations, and facilities, every personshall be free from discrimination based onrace, religion, or national ancestry and fromarbitrary, capricious, or unreasonablediscrimination based on age, sex, or physicalcondition.

§13. Rights of the Accused

Section 13. When any person has been

the nature and cause of the accusation

assistance of counsel of his choice, or

§14. Right to Preliminary Examination

Section 14. The right to a preliminaryexamination shall not be denied in felonycases except when the accused is indicted bya grand jury.


§15. Initiation of Prosecution §17. Jury Trial in Criminal Cases; Joinder

Section 15. Prosecution of a felony shallbe initiated by indictment or information, butno person shall be held to answer for a capitalcrime or a crime punishable by lifeimprisonment except on indictment by a grandjury. No person shall be twice placed injeopardy for the same offense, except on hisapplication for a new trial, when a mistrial isdeclared, or when a motion in arrest ofjudgment is sustained.

§16. Right to a Fair Trial

Section 16. Every person charged with a six persons, all of whom must concur tocrime is presumed innocent until proven guilty render a verdict. The accused shall have aand is entitled to a speedy, public, and right to full voir dire examination ofimpartial trial in the parish where the offense prospective jurors and to challenge jurorsor an element of the offense occurred, unless peremptorily. The number of challenges shallvenue is changed in accordance with law. No be fixed by law. Except in capital cases, aperson shall be compelled to give evidence defendant may knowingly and intelligentlyagainst himself. An accused is entitled to waive his right to a trial by jury.confront and cross-examine the witnessesagainst him, to compel the attendance of (B) Joinder of Felonies; Mode of Trial.witnesses, to present a defense, and to testify Notwithstanding any provision of law to thein his own behalf. However, nothing in this contrary, offenses in which punishment isSection or any other section of this necessarily confinement at hard labor may beconstitution shall prohibit the legislature from charged in the same indictment or informationenacting a law to require a trial court to with offenses in which the punishment may beinstruct a jury in a criminal trial that the confinement at hard labor; provided, however,governor is empowered to grant a reprieve, that the joined offenses are of the same orpardon, or commutation of sentence following similar character or are based on the sameconviction of a crime, that the governor in act or transaction or on two or more acts orexercising such authority may commute or transactions connected together ormodify a sentence of life imprisonment without constituting parts of a common scheme orbenefit of parole to a lesser sentence which plan; and provided further, that cases soincludes the possibility of parole, may joined shall be tried by a jury composed ofcommute a sentence of death to a lesser twelve jurors, ten of whom must concur tosentence of life imprisonment without benefit render a verdict.of parole, or may allow the release of anoffender either by reducing a lifeimprisonment or death sentence to the timealready served by the offender or by grantingthe offender a pardon.

of Felonies; Mode of Trial

Section 17. (A) Jury Trial in CriminalCases. A criminal case in which thepunishment may be capital shall be triedbefore a jury of twelve persons, all of whommust concur to render a verdict. A case inwhich the punishment is necessarilyconfinement at hard labor shall be tried beforea jury of twelve persons, ten of whom mustconcur to render a verdict. A case in which thepunishment may be confinement at hard laboror confinement without hard labor for morethan six months shall be tried before a jury of

§18. Right to Bail

Section 18.(A) Excessive bail shall not berequired. Before and during a trial, a person


shall be bailable by sufficient surety, except Section 20. No law shall subject anywhen he is charged with a capital offense and person to euthanasia, to torture, or to cruel,the proof is evident and the presumption of excessive, or unusual punishment. Full rightsguilt is great. After conviction and before of citizenship shall be restored uponsentencing, a person shall be bailable if the termination of state and federal supervisionmaximum sentence which may be imposed is following conviction for any offense. imprisonment for five years or less; and thejudge may grant bail if the maximum sentencewhich may be imposed is imprisonmentexceeding five years. After sentencing anduntil final judgment, a person shall be bailableif the sentence actually imposed is five yearsor less; and the judge may grant bail if thesentence actually imposed exceedsimprisonment for five years.

(B) However, a person charged with acrime of violence as defined by law or withproduction, manufacture, distribution, ordispensing or possession with intent toproduce, manfacture, distribute, or dispense acontrolled dangerous substance as defined bythe Louisiana Controlled DangerousSubstances Law, and the proof is evident andthe presumption of guilt is great, shall not bebailable if, after a contradictory hearing, thejudge or magistrate finds by clear andconvincing evidence that there is a substantialrisk that the person may flee or poses animminent danger to any other person or thecommunity.

§19. Right to Judicial Review

Section 19. No person shall be subjectedto imprisonment or forfeiture of rights orproperty without the right of judicial reviewbased upon a complete record of all evidenceupon which the judgment is based. This rightmay be intelligently waived. The cost oftranscribing the record shall be paid asprovided by law.

§20. Right to Humane Treatment

§21. Writ of Habeas Corpus

Section 21. The writ of habeas corpusshall not be suspended.

§22. Access to Courts

Section 22. All courts shall be open, andevery person shall have an adequate remedyby due process of law and justice,administered without denial, partiality, orunreasonable delay, for injury to him in hisperson, property, reputation, or other rights.

§23. Prohibited Laws

Section 23. No bill of attainder, ex postfacto law, or law impairing the obligation ofcontracts shall be enacted.

§24. Unenumerated Rights

Section 24. The enumeration in thisconstitution of certain rights shall not deny ordisparage other rights retained by theindividual citizens of the state.

§25. Rights of a Victim

Section 25. Any person who is a victim ofcrime shall be treated with fairness, dignity,and respect, and shall be informed of therights accorded under this Section. As definedby law, a victim of crime shall have the right toreasonable notice and to be present andheard during all critical stages ofpreconviction and postconviction proceedings;the right to be informed upon the release from

PAGE -6- Louisiana Constitution of 1974 ART. II(as amended November 3, 1998)

custody or the escape of the accused or theoffender; the right to confer with theprosecution prior to final disposition of thecase; the right to refuse to be interviewed bythe accused or a representative of theaccused; the right to review and commentupon the presentence report prior toimposition of sentence; the right to seekrestitution; and the right to a reasonablyprompt conclusion of the case. The legislatureshall enact laws to implement this Section.The evidentiary and procedural laws of thisstate shall be interpreted in a mannerconsistent with this Section.

Nothing in this Section shall be construedto inure to the benefit of an accused or toconfer upon any person the right to appeal orseek supervisory review of any judicialdecision made in a criminal proceeding.Nothing in this Section shall be the basis foran award of costs or attorney fees, for theappointment of counsel for a victim, or for anycause of action for compensation or damagesagainst the state of Louisiana, a politicalsubdivision, a public agency, or a court, orany officer, employee, or agent thereof.Remedies to enforce the rights enumerated inthis Section shall be provided by law.

§26. State Sovereignty

Section 26. The people of this state havethe sole and exclusive right of governingthemselves as a free and sovereign state; anddo, and forever hereafter shall, exercise andenjoy every power, jurisdiction, and right,pertaining thereto, which is not, or may nothereafter be, by them expressly delegated tothe United States of America in congressassembled.

ARTICLE II.DISTRIBUTION OF POWERS

§1. Three Branches

Section 1. The powers of government ofthe state are divided into three separatebranches: legislative, executive, and judicial.

§2. Limitations on Each Branch

Section 2. Except as otherwise providedby this constitution, no one of these branches,nor any person holding office in one of them,shall exercise power belonging to either of theothers.

PAGE -7- Louisiana Constitution of 1974 ART. III(as amended November 3, 1998)

ARTICLE III.LEGISLATIVE BRANCH

§1. Legislative Power; Composition;Continuous Body

Section 1. (A) Legislative Power of State.The legislative power of the state is vested ina legislature, consisting of a Senate and aHouse of Representatives. The Senate shallbe composed of one senator elected fromeach senatorial district. The House ofRepresen- tatives shall be composed of onerepresentative elected from eachrepresentative district.

(B) Continuous Body. The legislature is acontinuous body during the term for which itsmembers are elected; however, a bill orresolution not finally passed in any sessionshall be withdrawn from the files of thelegislature.

§2. Sessions

Section 2. (A)(1) Annual Session. Thelegislature shall meet annually in regularsession for a limited number of legislativedays in the state capital. A legislative day is acalendar day on which either house is insession. Any bill to be introduced in eitherhouse shall be prefiled no later than fiveo'clock in the evening of the Friday before thefirst day of a regular session; thereafter nomember of the legislature may introduce morethan five bills, except as provided in the jointrules of the legislature. The legislature isauthorized to provide by joint rule for theprocedures for passage of duplicate orcompanion instruments.

(2) All regular sessions convening inodd-numbered years shall be general innature and shall convene at noon on the lastMonday in March. The legislature shall meetin such a session for not more than sixty

legislative days during a period of eighty-fivecalendar days. No such session shallcontinue beyond six o'clock in the evening ofthe eighty-fifth calendar day after convening.No new matter intended to have the effect oflaw shall be introduced or received by eitherhouse after midnight of the thirtieth calendarday. No matter intended to have the effect oflaw, except a measure proposing asuspension of law, shall be considered onthird reading and final passage in eitherhouse after midnight of the fifty-fifth legislativeday of a regular session, except by afavorable record vote of two-thirds of theelected members of each house. No measurelevying or authorizing a new tax by the stateor by any statewide political subdivisionwhose boundaries are coterminous with thestate, increasing an existing tax by the stateor by any statewide political subdivisionwhose boundaries are coterminous with thestate, or legislating with regard to taxexemptions, exclusions, deductions or creditsshall be introduced or enacted during aregular session held in an odd-numberedyear.

(3) All regular sessions convening ineven-numbered years shall convene at noonon the last Monday in April. Each suchsession shall be restricted to theconsideration of legislation which provides forenactment of a general appropriations bill,implementation of a capital budget, for makingan appropriation, levying or authorizing a newtax, increasing an existing tax, legislating withregard to tax exemptions, exclusions,deductions, reductions, repeal, or credits, orissuing bonds. The legislature shall meet insuch a session for not more than thirtylegislative days in a period of forty-fivecalendar days. No such session shallcontinue beyond six o'clock in the evening ofthe forty-fifth calendar day after convening.No new matter intended to have the effect oflaw shall be introduced or received by either


house after midnight of the tenth calendar organizing the two houses, and selectingday. No matter intended to have the effect of officers. No matter intended to have the effectlaw, except a measure proposing a of law shall be introduced at an organizationalsuspension of law, shall be considered on session.third reading and final passage in eitherhouse after midnight of the twenty-seventhlegislative day of a regular session, except bya favorable record vote of two-thirds of theelected members of each house.

(B) Extraordinary Session. The legislaturemay be convened at other times by thegovernor and shall be convened by thepresiding officers of both houses upon writtenpetition of a majority of the elected membersof each house. The form of the petition shallbe provided by law. At least five days prior toconvening the legislature in extraordinarysession, the governor or the presidingofficers, as the case may be, shall issue aproclamation stating the objects of thesession, the date on which it shall convene,and the number of days for which it isconvened. The power to legislate shall belimited, under penalty of nullity, to the objectsspecifically enumerated in the proclamation.The session shall be limited to the number ofdays stated therein, which shall not exceedthirty calendar days.

(C) Emergency Session. The governormay convene the legislature in extraordinarysession without prior notice or proclamation inthe event of public emergency caused byepidemic, enemy attack, or publiccatastrophe.

(D) Organizational Session. Thelegislature shall meet in an organizationalsession in the state capitol to be convened atten o'clock in the morning on the day themembers are required to take office. No suchsession shall exceed three legislative days.The session shall be for the primary purposeof judging the qualifications and elections ofthe members, taking the oath of office,

§3. Size

Section 3. The number of members of thelegislature shall be provided by law, but thenumber of senators shall not exceed thirty-nine and the number of representatives, onehundred five.

§4. Qualifications; Residence andDomicile Requirements; Term;Election Limitations; Vacancies

Section 4.(A) Age; Residence; Domicile.An elector who at the time of qualification as acandidate has attained the age of eighteenyears, resided in the state for the precedingtwo years, and been actually domiciled for thepreceding year in the legislative district fromwhich he seeks election is eligible formembership in the legislature.

(B) Domicile; Special Provisions. However,at the next regular election for members of thelegislature following legislativereapportionment, an elector may qualify as acandidate from any district created in whole orin part from a district existing prior toreapportionment if he was domiciled in thatprior district for at least one year immediatelypreceding his qualification and was a residentof the state for the two years preceding hisqualification. The seat of any member whochanges his domicile from the district herepresents or, if elected afterreapportionment, whose domicile is not withinthe district he represents at the time he issworn into office, shall be vacated thereby,any declaration of retention of domicile to thecontrary notwithstanding.

(C) Term. A member of the legislature


shall be elected for a four-year term. practicable on the basis of population shown

(D) Vacancy. A vacancy in the legislatureshall be filled for the remainder of the term (B) Reapportionment by Supreme Court. Ifonly by election by the electors of the the legislature fails to reapportion as requiredrespective district as provided by law. in Paragraph (A), the supreme court, upon

(E) Election Limitation. No person who has representation in each house as provided inbeen elected to serve as a member of the Paragraph (A). Senate for more than two and one-half termsin three consecutive terms, that service being (C) Procedure. The procedure for reviewduring a term of office that began on or after and for petition shall be provided by law. January 8, 1996, shall be elected to theSenate for the succeeding term. No personwho has been elected to serve as a memberof the House of Representatives for more thantwo and one-half terms in three consecutiveterms, that service being during a term ofoffice that began on or after January 8, 1996,shall be elected to the House ofRepresentatives for the succeeding term.

§5. Taking Office

Section 5. (A) Full Term. Members of thelegislature shall take office on the same dayas the governor and other officials electedstatewide.

(B) Filling Vacancy. A person elected to fillthe remainder of an unexpired legislative termshall take office within thirty days after thesecretary of state promulgates the electionreturns.

§6. Legislative Reapportionment;Reapportionment by Supreme Court;Procedure

Section 6. (A) Reapportionment by officers, including a permanent presidingLegislature. By the end of the year following officer selected from its membership. Thethe year in which the population of this state is presiding officers shall be the president of thereported to the president of the United States Senate and the speaker of the House offor each decennial federal census, the Representatives. The clerical officers shall belegislature shall reapportion the the clerk of the House of Representatives andrepresentation in each house as equally as the secretary of the Senate, each of whom

by the census.

petition of any elector, shall reapportion the

§7. Judging Qualifications and Elections;Procedural Rules; Discipline;Expulsion; Subpoenas; Contempt;Officers

Section 7. (A) Judging Qualifications andElections; Procedural Rules; Discipline;Expulsion. Each house shall be the judge ofthe qualifications and elections of itsmembers; shall determine its rules ofprocedure, not inconsistent with theprovisions of this constitution; may punish itsmembers for disorderly conduct or contempt;and may expel a member with concurrence oftwo-thirds of its elected members. Expulsioncreates a vacancy in the office.

(B) Subpoena Power; Contempt. Eachhouse may compel the attendance andtestimony of witnesses and the production ofbooks and papers before it, before anycommittee thereof, or before joint committeesof the houses and may punish those in willfuldisobedience of its orders for contempt.

(C) Officers. Each house shall choose its


may administer oaths.

§8. Privileges and Immunities

Section 8. A member of the legislature He shall serve as a fiscal advisor to it andshall be privileged from arrest, except for shall perform the duties and functionsfelony, during his attendance at sessions and provided by law related to auditing fiscalcommittee meetings of his house and while records of the state, its agencies, and politicalgoing to and from them. No member shall be subdivisions. He shall be elected by thequestioned elsewhere for any speech in either concurrence of a majority of the electedhouse. members of each house and may be removed

§9. Conflict of Interest

Section 9. Legislative office is a publictrust, and every effort to realize personal gainthrough official conduct is a violation of that Section 12.(A) Prohibitions. Except astrust. The legislature shall enact a code of otherwise provided in this constitution, theethics prohibiting conflict between public duty legislature shall not pass a local or specialand private interests of members of the law:legislature.

§10. Quorum; Compulsory Attendance;Journal; Adjournment With Consentof Other House

Section 10. (A) Quorum. Not less than amajority of the elected members of eachhouse shall form a quorum to transactbusiness, but a smaller number may adjournfrom day-to-day and may compel theattendance of absent members.

(B) Journal. Each house shall keep ajournal of its proceedings and have itpublished immediately after the close of eachsession. The journal shall accurately reflectthe proceedings of that house, including allrecord votes. A record vote is a vote by yeasand nays, with each member's vote publishedin the journal.

(C) Adjournment. When the legislature isin session, neither house shall adjourn formore than three days or to another placewithout consent of the other house.

§11. Legislative Auditor

Section 11. There shall be a legislativeauditor responsible solely to the legislature.

by the concurrence of two-thirds of the electedmembers of each house.

§12. Prohibited Local and Special Laws

(1) For the holding and conducting ofelections, or fixing or changing the place ofvoting.

(2) Changing the names of persons;authorizing the adoption or legitimation ofchildren or the emancipation of minors;affecting the estates of minors or personsunder disabilities; granting divorces; changingthe law of descent or succession; giving effectto informal or invalid wills or deeds or to anyillegal disposition of property.

(3) Concerning any civil or criminalactions, including changing the venue in civilor criminal cases, or regulating the practice orjurisdiction of any court, or changing the rulesof evidence in any judicial proceeding orinquiry before courts, or providing or changingmethods for the collection of debts or theenforcement of judgments, or prescribing theeffects of judicial sales.

(4) Authorizing the laying out, opening,closing, altering, or maintaining of roads,


highways, streets, or alleys; relating to ferries Section 13. No local or special law shall beand bridges, or incorporating bridge or ferry enacted unless notice of the intent tocompanies, except for the erection of bridges introduce a bill to enact such a law has beencrossing streams which form boundaries published on two separate days, without costbetween this and any other state; authorizing to the state, in the official journal of thethe constructing of street passenger railroads locality where the matter to be affected isin any incorporated town or city. situated. The last day of publication shall be

(5) Exempting property from taxation; bill. The notice shall state the substance ofextending the time for the assessment or the contemplated law, and every such billcollection of taxes; relieving an assessor or shall recite that notice has been given. collector of taxes from the performance of hisofficial duties or of his sureties from liability;remitting fines, penalties, and forfeitures;refunding moneys legally paid into thetreasury.

(6) Regulating labor, trade, manufacturing,or agriculture; fixing the rate of interest.

(7) Creating private corporations, oramending, renewing, extending, or explainingthe charters thereof; granting to any privatecorporation, association, or individual anyspecial or exclusive right, privilege, orimmunity.

(8) Regulating the management of parishor city public schools, the building or repairingof parish or city schoolhouses, and the raisingof money for such purposes.

(9) Legalizing the unauthorized or invalidacts of any officer, employee, or agent of thestate, its agencies, or political subdivisions.

(10) Defining any crime.

(B) Additional Prohibition. The legislatureshall not indirectly enact special or local lawsby the partial repeal or suspension of ageneral law.

§13. Local or Special Laws; Notice ofIntent; Publication

at least thirty days prior to introduction of the

§14. Style of Laws; Enacting Clause

Section 14. The style of a law enacted bythe legislature shall be, "Be it enacted by theLegislature of Louisiana." It shall beunnecessary to repeat the enacting clauseafter the first section of an act.

§15. Passage of Bills

Section 15. (A) Introduction; Title; SingleObject; Public Meetings. The legislature shallenact no law except by a bill introducedduring that session, and propose noconstitutional amendment except by a jointresolution introduced during that session,which shall be processed as a bill. Every bill,except the general appropriation bill and billsfor the enactment, rearrangement,codification, or revision of a system of laws,shall be confined to one object. Every billshall contain a brief title indicative of itsobject. Action on any matter intended to havethe effect of law shall be taken only in open,public meeting.

(B) No General Reference. A bill enacting,amending, or reviving a law shall set forthcompletely the provisions of the law enacted,amended, or revived. No system or code oflaws shall be adopted by general reference toit.

(C) Germane Amendments. No bill shall be


amended in either house to make a change or concur in amendments, as in other bills. not germane to the bill as introduced.

(D) Three Readings. Each bill shall be The general appropriation bill shall beread at least by title on three separate days in itemized and shall contain only appropriationseach house. No bill shall be considered for for the ordinary operating expenses offinal passage unless a committee has held a government, public charities, pensions, andpublic hearing and reported on the bill. the public debt or interest thereon.

(E) Rejected Bills; Reconsideration. No bill (D) Specific Purpose and Amount. Allrejected by either house may again be other bills for appropriating money shall be forintroduced or considered during the same a specific purpose and amount. session by the house which rejected it withoutthe consent of a majority of the members (E) Extraordinary Session. Except forelected to that house. expenses of the legislature, a bill

(F) Concurrence in Amendments. No session convened after final adjournment ofamendment to a bill by one house shall be the regular session in the last year of the termconcurred in by the other, and no conference of office of a governor shall require thecommittee report shall be concurred in by favorable vote of three-fourths of the electedeither house except by the same vote members of each house. required for final passage of the bill. The votethereon shall be by record vote.

(G) Majority Vote; Record Vote. No billshall become law without the favorable vote ofat least a majority of the members elected toeach house. Final passage of a bill shall beby record vote. In either house, a record voteshall be taken on any matter upon the requestof one-fifth of the elected members.

§16. Appropriations

Section 16. (A) Specific Appropriation forOne Year. Except as otherwise provided bythis constitution, no money shall be withdrawnfrom the state treasury except through specificappropriation, and no appropriation shall bemade under the heading of contingencies orfor longer than one year.

(B) Origin in House of Representatives. Allbills for raising revenue or appropriatingmoney shall originate in the House ofRepresentatives, but the Senate may propose

(C) General Appropriation Bill; Limitations.

appropriating money in an extraordinary

PAGE -13- Louisiana Constitution of 1974 ART. IV(as amended November 3, 1998)

§17. Signing of Bills; Delivery to Governor

Section 17. (A) Signing; Delivery. A billpassed by both houses shall be signed by thepresiding officers and delivered to thegovernor within three days after passage.

(B) Resolutions. No joint, concurrent, orother resolution shall require the signature orother action of the governor to becomeeffective.

§18. Gubernatorial Action on Bills; Sign,Failure to Sign, Veto; Veto Session

Section 18. (A) Gubernatorial Action. If thegovernor does not approve a bill, he may vetoit. A bill, except a joint resolution, shallbecome law if the governor signs it or if hefails to sign or veto it within ten days afterdelivery to him if the legislature is in sessionon the tenth day after such delivery, or withintwenty days after delivery if the tenth day afterdelivery occurs after the legislature isadjourned.

(B) Veto Message. If the governor vetoes abill, he shall return it to the legislature, withhis veto message, within twelve days afterdelivery to him if the legislature is in session.If the governor returns a vetoed a bill after thelegislature adjourns, he shall return it, with hisveto message, as provided by law.

(C) Veto Session.(1) A bill vetoed andreturned and subsequently approved by two-thirds of the elected members of each houseshall become law. The legislature shall meetin veto session in the state capital at noon onthe fortieth day following final adjournment ofthe most recent session, to consider all billsvetoed by the governor. If the fortieth day fallson Sunday, the session shall convene at noonon the succeeding Monday. No veto sessionshall exceed five calendar days, and any vetosession may be finally adjourned prior to the

end of the fifth day upon a vote of two-thirdsof the elected members of each house.

(2) No veto session shall be held if amajority of the elected members of eitherhouse declare in writing that a veto session isunnecessary. The declaration must bereceived by the presiding officer of therespective houses at least five days prior tothe day on which the veto session is toconvene.

§19. Effective Date of Laws

Section 19. All laws enacted during aregular session of the legislature shall takeeffect on August fifteenth of the calendar yearin which the regular session is held and alllaws enacted during an extraordinary sessionof the legislature shall take effect on thesixtieth day after final adjournment of theextraordinary session in which they wereenacted. All laws shall be published priorthereto in the official journal of the state asprovided by law. However, any bill mayspecify an earlier or later effective date.

§20. Suspension of Laws

Section 20. Only the legislature maysuspend a law, and then only by the samevote and, except for gubernatorial veto andtime limitations for introduction, according tothe same procedures and formalities requiredfor enactment of that law. After the effectivedate of this constitution, every resolutionsuspending a law shall fix the period ofsuspension, which shall not extend beyondthe sixtieth day after final adjournment of thenext regular session.

ARTICLE IV.EXECUTIVE BRANCH

§1. Composition; Number of Departments;Reorganization


Section 1. (A) Composition. The executivebranch shall consist of the governor,lieutenant governor, secretary of state,attorney general, treasurer, commissioner ofagriculture, commissioner of insurance,superintendent of education, commissioner ofelections, and all other executive offices,agencies, and instrumentalities of the state.

(B) Number of Departments. Except for theoffices of governor and lieutenant governor,all offices, agencies, and otherinstrumentalities of the executive branch andtheir functions, powers, duties, andresponsibilities shall be allocated according tofunction within not more than twentydepartments. The powers, functions, andduties allocated by this constitution to anyexecutive office or commission shall not beaffected or diminished by the allocationprovided herein except as authorized bySection 20 of this Article.

(C) Reorganization. Reallocation of thefunctions, powers, and duties of alldepartments, offices, agencies, and otherinstrumentalities of the executive branch,except those functions, powers, duties, andresponsibilities allocated by this constitution,shall be as provided by law.

§2. Qualifications

Section 2. To be eligible for any statewide of any of them shall serve for terms whichelective office, a person, by the date of his shall expire at noon on January 13, 1992.qualification as a candidate, shall have These members of the legislature and anyattained the age of twenty-five years, be an successor elected to the unexpired term ofelector, and have been a citizen of the United any of them shall serve for terms which shallStates and of this state for at least the expire at ten o'clock a.m. on January 13,preceding five years. In addition, the attorney 1992. Thereafter, statewide elected officialsgeneral shall have been admitted to the and members of the legislature shall bepractice of law in the state for at least the five elected for terms of four years. For purposesyears preceding his election. During his of retirement, the statewide elected officialstenure in office, a statewide elected official and members of the legislature elected inshall hold no other public office except by 1987 shall be deemed to be elected for a four-virtue of his elected office. year term.

§3. Election; Term

Section 3. (A) Election. Except as providedin Section 20 of this Article, the governor,lieutenant governor, secretary of state,attorney general, treasurer, commissioner ofagriculture, commissioner of insurance,superintendent of education, andcommissioner of elections each shall beelected for a term of four years by the electorsof the state at the time and place of voting formembers of the legislature. The term of eachsuch official shall begin at noon on thesecond Monday in January next following theelection.

(B) Limitation on Governor. A person whohas served as governor for more than oneand one-half terms in two consecutive termsshall not be elected governor for thesucceeding term.

(C) Additional Limitation. Except asprovided by this constitution, no official shallbe elected statewide.

(D) Notwithstanding any other provision ofthis constitution or of law to the contrary,statewide elected officials and members of thelegislature elected in 1987 shall hold officefrom and after the second Monday in March,1988. These statewide elected officials andany successor elected to the unexpired term


§4. Compensation §5. Governor; Powers and Duties

Section 4. Except as otherwise provided Section 5. (A) Executive Authority. Theby this constitution, the compensation of each governor shall be the chief executive officer ofstatewide elected official shall be provided by the state. He shall faithfully support thelaw. constitution and laws of the state and of the

United States and shall see that the laws arefaithfully executed.

(B) Legislative Reports andRecommendations. The governor shall, at thebeginning of each regular session, and may,at other times, make reports andrecommendations and give information to thelegislature concerning the affairs of state,including its complete financial condition.

(C) Departmental Reports and Information.When requested by the governor, adepartment head shall provide him withreports and information, in writing orotherwise, on any subject relating to thedepartment, except matters concerninginvestigations of the governor's office.

(D) Operating and Capital Budget. Thegovernor shall submit to the legislature anoperating budget and a capital budget, asprovided by Article VII, Section 11 of thisconstitution.

(E) Pardon, Commutation, Reprieve, andRemission; Board of Pardons.

(1) The governor may grant reprieves topersons convicted of offenses against thestate and, upon recommendation of the Boardof Pardons, may commute sentences, pardonthose convicted of offenses against the state,and remit fines and forfeitures imposed forsuch offenses. However, a first offender neverpreviously convicted of a felony shall bepardoned automatically upon completion ofhis sentence, without a recommendation ofthe Board of Pardons and without action bythe governor.


(2) The Board of Pardons shall consist of session, the governor may make interimfive electors appointed by the governor, appointments, which shall expire at the end ofsubject to confirmation by the Senate. Each the next regular session, unless submitted tomember of the board shall serve a term and confirmed by the Senate during thatconcurrent with that of the governor session. appointing him.

(F) Receipt of Bills from the Legislature. shall not be appointed to the same officeThe date and hour when a bill finally passed during any recess of the legislature. by the legislature is delivered to the governorshall be endorsed thereon. (I) Removal Power. The governor may

(G) Item Veto. except a person appointed for a term fixed by

(1) Except as otherwise provided by thisconstitution, the governor may veto any line (J) Commander-in-Chief. The governoritem in an appropriation bill. Any item vetoed shall be commander-in-chief of the armedshall be void unless the veto is overridden as forces of the state, except when they areprescribed for the passage of a bill over a called into service of the federal government.veto. He may call out these forces to preserve law

(2) The governor shall veto line items or invasion, or in other times of emergency. use means provided in the bill so that totalappropriations for the year shall not exceed (K) Other Powers and Duties. Theanticipated revenues for that year. governor shall have other powers and perform

(H) Appointments. provided by law.

(1) The governor shall appoint, subject toconfirmation by the Senate, the head of eachdepartment in the executive branch whoseelection or appointment is not provided by thisconstitution and the members of each boardand commission in the executive branchwhose election or appointment is not providedby this constitution or by law.

(2) Should the legislature be in regularsession, the governor shall submit forconfirmation by the Senate the name of anappointee within forty-eight hours after theappointment is made. Failure of the Senate toconfirm the appointment, prior to the end ofthe session, shall constitute rejection.

(3) If the legislature is not in regular

(4) A person not confirmed by the Senate

remove from office a person he appoints,

this constitution or by law.

and order, to suppress insurrection, to repel

other duties authorized by this constitution or

§6. Lieutenant Governor; Powers andDuties

Section 6. The lieutenant governor shallserve ex officio as a member of eachcommittee, board, and commission on whichthe governor serves. He shall exercise thepowers delegated to him by the governor andshall have other powers and perform otherduties in the executive branch authorized bythis constitution or provided by law.

§7. Secretary of State; Powers and Duties

Section 7. There shall be a Department ofState. The secretary of state shall head thedepartment and shall be the chief electionofficer of the state. He shall prepare and


certify the ballots for all elections, promulgate by this constitution or by law. all election returns, and administer theelection laws, except those relating to voterregistration and custody of voting machines.He shall administer the state corporation andtrademark laws; serve as keeper of the GreatSeal of the State of Louisiana and attesttherewith all official laws, documents,proclamations, and commissions; administerand preserve the official archives of the state;promulgate and publish all laws enacted bythe legislature and retain the originals thereof;and countersign and keep an official registryof all commissions. He may administer oaths,and shall have other powers and performother duties authorized by this constitution orprovided by law.

§8. Attorney General; Powers and Duties

Section 8. There shall be a Department ofJustice, headed by the attorney general, whoshall be the chief legal officer of the state. Theattorney general shall be elected for a term offour years at the state general election. Theassistant attorneys general shall be appointedby the attorney general to serve at hispleasure.

As necessary for the assertion orprotection of any right or interest of the state,the attorney general shall have authority (1) toinstitute, prosecute, or intervene in any civilaction or proceeding; (2) upon the writtenrequest of a district attorney, to advise andassist in the prosecution of any criminal case;and (3) for cause, when authorized by thecourt which would have original jurisdictionand subject to judicial review, (a) to institute,prosecute, or intervene in any criminal actionor proceeding, or (b) to supersede anyattorney representing the state in any civil orcriminal action.

The attorney general shall exercise otherpowers and perform other duties authorized

§9. Treasurer; Powers and Duties

Section 9. There shall be a Department ofthe Treasury. The treasurer shall head thedepartment and shall be responsible for thecustody, investment, and disbursement of thepublic funds of the state, except as otherwiseprovided by this constitution. He shall reportannually to the governor and to the legislatureat least one month before each regularsession on the financial condition of the state,and shall have other powers and performother duties authorized by this constitution orprovided by law.

§10. Commissioner of Agriculture; Powersand Duties

Section 10. There shall be a Departmentof Agriculture. The commissioner ofagriculture shall head the department andshall exercise all functions of the state relatingto the promotion, protection, andadvancement of agriculture, except researchand educational functions expressly allocatedby this constitution or by law to other stateagencies. The department shall exercisesuch functions and the commissioner shallhave other powers and perform other dutiesauthorized by this constitution or provided bylaw.

§11. Commissioner of Insurance; Powersand Duties

Section 11. There shall be a Departmentof Insurance, headed by the commissioner ofinsurance. The department shall exercisesuch functions and the commissioner shallhave powers and perform duties authorizedby this constitution or provided by law.

§12. Commissioner of Election; Powersand Duties


Section 12. There shall be a Departmentof Elections and Registration. Thecommissioner of elections shall head thedepartment and shall administer the lawsrelating to custody of voting machines andvoter registration. He shall have other powersand perform other duties authorized by thisconstitution or provided by law.

§13. First Assistants; Appointment

Section 13. Each statewide elected officialexcept the governor and lieutenant governorshall appoint a first assistant, subject to publicconfirmation by the Senate, and may removehim at his pleasure. The official shall submitthe appointment to the Senate in the mannerand subject to the procedures and limitationsapplicable to appointments submitted by thegovernor. The first assistant shall possess thequalifications required for election to theoffice.

§14. Vacancy in Office of Governor

Section 14. When a vacancy occurs in theoffice of governor, the order of successionshall be (1) the elected lieutenant governor,(2) the elected secretary of state, (3) theelected attorney general, (4) the electedtreasurer, (5) the presiding officer of theSenate, (6) the presiding officer of the Houseof Representatives, and then (7) as providedby law. The successor shall serve theremainder of the term for which the governorwas elected.

§15. Vacancy in Office of LieutenantGovernor

Section 15. Should a vacancy occur in theoffice of lieutenant governor, the governorshall nominate a lieutenant governor, whoshall take office upon confirmation by amajority vote of the elected members of eachhouse of the legislature.

§16. Vacancies in Other Statewide ElectiveOffices

Section 16. A vacancy in a statewideelective office other than that of governor orlieutenant governor shall be filled by the firstassistant. If the unexpired term exceeds oneyear, the office shall be filled by election atthe next regularly scheduled congressional orstatewide election, and the first assistant shallserve only until the person then elected takesoffice.

§17. Declaration of Inability by StatewideElected Officials

Section 17. When a statewide electedofficial transmits to the presiding officers ofthe Senate and House of Representatives awritten declaration of his inability to dischargethe powers and duties of his office, and untilhe transmits to them a written declaration tothe contrary, the person who would succeedto the office when a vacancy occurs shallassume the powers and duties of the office asacting official.

§18. Determination of Inability ofStatewide Elected Official

Section 18. (A) Declaration and Counter-Declaration. When a majority of the statewideelected officials determine that any other suchofficial is unable to discharge the powers andduties of his office, they shall transmit awritten declaration to this effect to thepresiding officer of each house and to theofficial, and shall file a copy of the declarationin the office of the secretary of state.Thereafter, the constitutional successor shallassume the office as acting official unless,within forty-eight hours after the declaration isfiled in the office of the secretary of state, theelected official files in that office and transmitsto the presiding officer of each house hiswritten counter-declaration of his ability to


exercise the powers and perform the duties of temporarily absent from the state, thehis office. lieutenant governor shall act as governor.

(B) Determination by the Legislature. The temporarily absent from the state, thelegislature shall convene at noon on the third appointed first assistant shall act in hiscalendar day after the filing of any counter- absence. declaration, which may be filed by the officialat any time. Should two- thirds of the electedmembers of each house fail to adopt aresolution within seventy-two hours declaringprobable justification for the determinationthat inability exists, the official shall continuein or resume office.

(C) Assumption of Office by ConstitutionalSuccessor. If two-thirds of the electedmembers of each house adopt a resolutiondeclaring that probable justification exists forthe declaration of inability, the constitutionalsuccessor shall assume the powers andduties of the office and a copy of theresolution shall be transmitted forthwith to thesupreme court.

(D) Determination by Supreme Court. Bypreference and with priority over all othermatters, the supreme court shall determinethe issue of inability after due notice andhearing, by a majority vote of memberselected to the court, under such rules as itmay adopt.

(E) Reconsideration by Supreme Court. Ajudgment of the supreme court affirminginability may be reconsidered by the court,after due notice and hearing, either upon itsown motion or upon the application of theofficial. Upon proper showing and by majorityvote of its elected members, the court maydetermine that no inability then exists,whereupon the official shall immediatelyresume the powers and duties of his office.

§19. Temporary Absences

Section 19. When the governor is

When any other statewide elected official is

§20. Appointment of Officials; Merger,Consolidation of Offices andDepartments

Section 20. After the first election of stateofficials following the effective date of thisconstitution, the legislature may provide, bylaw enacted by two-thirds of the electedmembers of each house, for appointment, inlieu of election, of the commissioner ofagriculture, the commissioner of insurance,the superintendent of education, thecommissioner of elections, or any of them. Inthat event, the legislature shall prescribequalifications and method of appointment andby similar vote, may provide by law for themerger or consolidation of any such office, itsdepartment, and functions with any otheroffice or department in the executive branch.No action of the legislature pursuant heretoshall reduce the term or compensation of anyincumbent elected official. By law enacted bytwo-thirds of the elected members of eachhouse, the legislature may reestablish anysuch office as elective and, in that event, shallprescribe qualifications.


§21. Public Service Commission

Section 21. (A) Composition; Term;Domicile. There shall be a Public ServiceCommission in the executive branch. It shallconsist of five members, who shall be electedfor overlapping terms of six years at the timefixed for congressional elections from singlemember districts established by law. Eachcommissioner serving on the effective date ofthis constitution shall be the commissioner forthe new district in which he resides and shallcomplete the term for which he was elected.The commission annually shall elect onemember as chairman. It shall be domiciled atthe state capital, but may meet, conductinvestigations, and render orders elsewhere inthis state.

(B) Powers and Duties. The commissionshall regulate all common carriers and publicutilities and have such other regulatoryauthority as provided by law. It shall adoptand enforce reasonable rules, regulations,and procedures necessary for the dischargeof its duties, and shall have other powers andperform other duties as provided by law.

(C) Limitation. The commission shall haveno power to regulate any common carrier orpublic utility owned, operated, or regulated onthe effective date of this constitution by thegoverning authority of one or more politicalsubdivisions, except by the approval of amajority of the electors voting in an electionheld for that purpose; however, a politicalsubdivision may reinvest itself with suchregulatory power in the manner in which itwas surrendered. This Paragraph shall notapply to safety regulations pertaining to theoperation of such utilities.

(D) Applications, Petitions, and Schedules;Protective Bond and Security.

(1) Within twenty days after a common

carrier or public utility files a proposed rateschedule which would result in a change inrates, it shall give notice thereof bypublication in the official state journal and inthe official journal of each parish within thegeographical area in which the schedulewould become applicable.

(2) Within twelve months after the effectivefiling date, the commission shall render a fulldecision on each application, petition, andproposed rate schedule.

(3) After the effective filing date of anyproposed schedule by a public utility whichwould result in a rate increase, thecommission may permit the proposedschedule to be put into effect, in whole or inpart, pending its decision on the applicationfor rate increase and subject to protectivebond or security approved by the commission.If no decision is rendered on the applicationwithin twelve months after such filing date, theproposed increase may be put into effect, butonly if and as provided by law and subject toprotective bond or security requirements, untilfinal action by a court of last resort.

(4) If a proposed increase which has beenput into effect is finally disallowed, in whole orin part, the utility shall make full refund, withlegal interest thereon, within the time and inthe manner prescribed by law.

(E) Appeals. Appeal may be taken in themanner provided by law by any aggrievedparty or intervenor to the district court of thedomicile of the commission. A right of directappeal from any judgment of the district courtshall be allowed to the supreme court. Theserights of appeal shall extend to any action bythe commission, including but not limited toaction taken by the commission or by a publicutility under the provisions of Subparagraph(3) of Paragraph (D) of this Section.

PAGE -21- Louisiana Constitution of 1974 ART. V(as amended November 3, 1998)

ARTICLE V.JUDICIAL BRANCH

§1. Judicial Power

Section 1. The judicial power is vested in asupreme court, courts of appeal, districtcourts, and other courts authorized by thisArticle.

§2. Habeas Corpus, Needful Writs, Ordersand Process; Contempt

Section 2. A judge may issue writs ofhabeas corpus and all other needful writs,orders, and process in aid of the jurisdiction ofhis court. Exercise of this authority by a judgeof the supreme court or a court of appeal issubject to review by the whole court. Thepower to punish for contempt of court shall belimited by law.

§3. Supreme Court; Composition;Judgments; Terms

Section 3. The supreme court shall becomposed of a chief justice and six associatejustices, four of whom must concur to renderjudgment. The term of a supreme court judgeshall be ten years.

§4. Supreme Court; Districts

Section 4. The state shall be divided intoat least six supreme court districts, and atleast one judge shall be elected from each.The districts and the number of judgesassigned to each on the effective date of thisconstitution are retained, subject to change bylaw enacted by two-thirds of the electedmembers of each house of the legislature.

§5. Supreme Court; Jurisdiction; Rule-Making Power; Assignment ofJudges

Section 5. (A) Supervisory Jurisdiction;Rule-Making Power; Assignment of Judges.The supreme court has general supervisoryjurisdiction over all other courts. It mayestablish procedural and administrative rulesnot in conflict with law and may assign asitting or retired judge to any court. Thesupreme court shall have sole authority toprovide by rule for appointments of attorneysas temporary or ad hoc judges of city,municipal, traffic, parish, juvenile, or familycourts.

(B) Original Jurisdiction. The supremecourt has exclusive original jurisdiction ofdisciplinary proceedings against a member ofthe bar.

(C) Scope of Review. Except as otherwiseprovided by this constitution, the jurisdiction ofthe supreme court in civil cases extends toboth law and facts. In criminal matters, itsappellate jurisdiction extends only toquestions of law.

(D) Appellate Jurisdiction. In addition toother appeals provided by this constitution, acase shall be appealable to the supreme courtif (1) a law or ordinance has been declaredunconstitutional or (2) the defendant has beenconvicted of a capital offense and a penalty ofdeath actually has been imposed.

(E) Additional Jurisdiction until July 1,1982. In addition to the provisions of Section5(D) and notwithstanding the provisions ofSection 5(D), or Sections 10(A)(3) and 10(C),the supreme court shall have exclusiveappellate jurisdiction to decide criminalappeals where the defendant has beenconvicted of a felony or a fine exceeding fivehundred dollars or imprisonment exceedingsix months actually has been imposed, butonly when an order of appeal has beenentered prior to July 1, 1982 and shall haveexclusive supervisory jurisdiction of all


criminal writ applications filed prior to July 1,1982 and of all criminal writ applicationsrelating to convictions and sentences imposedprior to July 1, 1982.

(F) Appellate Jurisdiction; Civil Cases;Extent. Subject to the provisions in Paragraph(C), the supreme court has appellatejurisdiction over all issues involved in a civilaction properly before it.

§6. Supreme Court; Chief Justice

Section 6. The judge oldest in point ofservice on the supreme court shall be chiefjustice. He is the chief administrative officer ofthe judicial system of the state, subject torules adopted by the court.

§7. Supreme Court; Personnel

Section 7. The supreme court may select ajudicial administrator, its clerks, and otherpersonnel and prescribe their duties.

§8. Courts of Appeal; Circuits; Panels;Judgments; Terms

Section 8. (A) Circuits; Panels. The stateshall be divided into at least four circuits, withone court of appeal in each. Each court shallsit in panels of at least three judges selectedaccording to rules adopted by the court.

(B) Judgments. A majority of the judgessitting in a case must concur to renderjudgment. However, when a judgment of adistrict court is to be modified or reversed andone judge dissents, the case shall bereargued before a panel of at least five judgesprior to rendition of judgment, and a majoritymust concur to render judgment.

(C) Terms. The term of a court of appealjudge shall be ten years.

§9. Courts of Appeal; Circuits andDistricts

Section 9. Each circuit shall be dividedinto at least three districts, and at least onejudge shall be elected from each. The circuitsand districts and the number of judges aselected in each circuit on the effective date ofthis constitution are retained, subject tochange by law enacted by two-thirds of theelected members of each house of thelegislature.

§10. Courts of Appeal; Jurisdiction

Section 10. (A) Jurisdiction. Except asotherwise provided by this constitution, acourt of appeal has appellate jurisdiction of(1) all civil matters, including direct review ofadministrative agency determinations inworker's compensation matters as heretoforeor hereafter provided by law, (2) all mattersappealed from family and juvenile courts, and(3) all criminal cases triable by a jury, exceptas provided in Section 5, Paragraph (D)(2) ofthis Article. It has supervisory jurisdiction overcases which arise within its circuit.

(B) Scope of Review. Except as limited toquestions of law by this constitution, or asprovided by law in the review of administrativeagency determinations, appellate jurisdictionof a court of appeal extends to law and facts.In the review of an administrative agencydetermination in a worker's compensationmatter, a court of appeal may render judgmentas provided by law, or, in the interest ofjustice, remand the matter to theadministrative agency for further proceedings.In criminal cases its appellate jurisdictionextends only to questions of law.

(C) Other Criminal Matters. In all criminalcases not provided for in Paragraph (D)(2) orParagraph (E) of Section 5 or Paragraph(A)(3) of this Section, a defendant has a right


of appeal or review, as provided by law. marshal is continued until the city court he

§11. Courts of Appeal; Certification

Section 11. A court of appeal may certifyany question of law before it to the supremecourt, and the supreme court then may give itsbinding instruction or decide the case uponthe whole record.

§12. Courts of Appeal; Chief Judge

Section 12. The judge oldest in point ofservice on each court of appeal shall be chiefjudge of that court and shall administer thecourt subject to rules adopted by it.

§13. Courts of Appeal; Personnel

Section 13. Each court of appeal mayselect its clerk and other personnel andprescribe their duties.

§14. District Courts; Judicial Districts

Section 14. The state shall be divided intojudicial districts, each composed of at leastone parish and served by at least one districtjudge.

§15. Courts; Retention; Jurisdiction;Judicial District Changes; Terms

Section 15. (A) Court Retention; TrialCourts of Limited Jurisdiction. The district,family, juvenile, parish, city, and magistratecourts existing on the effective date of thisconstitution are retained. Subject to thelimitations in Sections 16 and 21 of thisArticle, the legislature by law may abolish ormerge trial courts of limited or specializedjurisdiction. The legislature by law mayestablish trial courts of limited jurisdiction withparishwide territorial jurisdiction and subjectmatter jurisdiction which shall be uniformthroughout the state. The office of city

serves is abolished.

(B) Judicial Districts. The judicial districtsexisting on the effective date of thisconstitution are retained. Subject to thelimitations in Section 21 of this Article, thelegislature by law may establish, divide, ormerge judicial districts with approval in areferendum in each district and parishaffected.

(C) Term. The term of a district, parish, orcity court judge shall be six years.

(D) Number of Judges. The legislaturemay change the number of judges in anyjudicial district by law enacted by two-thirds ofthe elected members of each house.

§16. District Courts; Jurisdiction

Section 16.(A) Original Jurisdiction. (1)Except as otherwise authorized by thisconstitution or except as heretofore orhereafter provided by law for administrativeagency determinations in worker'scompensation matters, a district court shallhave original jurisdiction of all civil andcriminal matters. (2) It shall have exclusiveoriginal jurisdiction of felony cases and ofcases involving title to immovable property,except as provided in (3) below; the right tooffice or other public position; civil or politicalright; probate and succession matters; exceptfor administrative agency determinationprovided for in (1) above, the state, a politicalcorporation, or political subdivisions, or asuccession, as a defendant; and theappointment of receivers or liquidators forcorporations or partnerships. (3) Thelegislature may provide by law that a familycourt has jurisdiction of cases involving title tomovable and immovable property when thosecases relate to the partition of communityproperty and the settlement of claims arising


from matrimonial regimes when such action violation of Part X or X-B of Chapter 4 of Titlearises as a result of divorce or annulment of 40 of the Louisiana Revised Statutes of 1950,marriage. involving the manufacture, distribution, or

(B) Appellate Jurisdiction. A district court dangerous substances, and (2) by two-thirdsshall have appellate jurisdiction as provided vote of the elected members of each houseby law. lower the maximum ages of persons to whom

§17. District Courts; Chief Judge

Section 17. Each district court shall electfrom its members a chief judge who shallexercise, for a term designated by the court,the administrative functions prescribed by ruleof court.

§18. Juvenile and Family Courts;Jurisdiction

Section 18. Notwithstanding any contraryprovision of Section 16 of this Article, juvenileand family courts shall have jurisdiction asprovided by law.

§19. Special Juvenile Procedures

Section 19. The determination of guilt orinnocence, the detention, and the custody of aperson who is alleged to have committed acrime prior to his seventeenth birthday shallbe pursuant to special juvenile procedureswhich shall be provided by law. However, the Section 21. The term of office, retirementlegislature may (1) by a two-thirds vote of the benefits, and compensation of a judge shallelected members of each house provide that not be decreased during the term for which hespecial juvenile procedures shall not apply to is elected. juveniles arrested for having committed first orsecond degree murder, manslaughter,aggravated rape, armed robbery, aggravatedburglary, aggravated kidnapping, attemptedfirst degree murder, attempted second degreemurder, forcible rape, simple rape, seconddegree kidnapping, a second or subsequentaggravated battery, a second or subsequentaggravated burglary, a second or subsequentoffense of burglary of an inhabited dwelling,or a second or subsequent felony-grade

possession with intent to distribute controlled

juvenile procedures shall apply, and (3) bytwo-thirds vote of the elected members ofeach house establish a procedure by whichthe court of original jurisdiction may waivespecial juvenile procedures in order that adultprocedures shall apply in individual cases.The legislature, by a majority of the electedmembers of each house, shall make specialprovisions for detention and custody ofjuveniles who are subject to the jurisdiction ofthe district court pending determination ofguilt or innocence.

§20. Mayors' Courts; Justice of the PeaceCourts

Section 20. Mayors' courts and justice ofthe peace courts existing on the effective dateof this constitution are continued, subject tochange by law.

§21. Judges; Decrease in Terms andCompensation Prohibited

§22. Judges; Election; Vacancy

Section 22. (A) Election. Except asotherwise provided in this Section, all judgesshall be elected. Election shall be at theregular congressional election.

(B) Vacancy. A newly-created judgeship ora vacancy in the office of a judge shall befilled by special election called by the


governor and held within twelve months after seventieth birthday.the day on which the vacancy occurs or thejudgeship is established, except when thevacancy occurs in the last twelve months ofan existing term. Until the vacancy is filled,the supreme court shall appoint a personmeeting the qualifications for the office, otherthan domicile, to serve at its pleasure. Theappointee shall be ineligible as a candidate atthe election to fill the vacancy or the newly-created judicial office. No person serving asan appointed judge, other than a retired judge,shall be eligible for retirement benefitsprovided for the elected judiciary.

(C) End of Term. A judge serving on theeffective date of this constitution shall servethrough December thirty-first of the last yearof his term or, if the last year of his term is notin the year of a regular congressionalelection, then through December thirty-first ofthe following year. The election for the nextterm shall be held in the year in which theterm expires, as provided above.

§23. Judges; Retirement

Section 23.(A) Retirement System. Withintwo years after the effective date of thisconstitution, the legislature shall provide for aretirement system for judges which shall applyto a judge taking office after the effective dateof the law enacting the system and in which ajudge in office at that time may elect tobecome a member, with credit for all prioryears of judicial service and withoutcontribution therefor. The retirement benefitsand judicial service rights of a judge in officeor retired on the effective date of thisconstitution shall not be diminished, nor shallthe benefits to which a surviving spouse isentitled be reduced.

(B) Mandatory Retirement. Except asotherwise provided in this Section, a judgeshall not remain in office beyond his

§24. Judges; Qualifications

Section 24. A judge of the supreme court,a court of appeal, district court, family court,parish court, or court having solely juvenilejurisdiction shall have been admitted to thepractice of law in this state for at least fiveyears prior to his election, and shall havebeen domiciled in the respective district,circuit, or parish for the two years precedingelection. He shall not practice law.

§25. Judiciary Commission

Section 25. (A) Composition. The judiciarycommission shall consist of

(1) one court of appeal judge and twodistrict court judges selected by the supremecourt;

(2) two attorneys admitted to the practiceof law for at least ten years and one attorneyadmitted to the practice of law for at leastthree years but not more than ten years,selected by the Conference of Court of AppealJudges or its successor. They shall not bejudges, active or retired, or public officials,other than notaries public; and

(3) three citizens, not lawyers, judgesactive or retired, or public officials, selectedby the Louisiana District Judges' Associationor its successor.

(B) Term; Vacancy. A member of thecommission shall serve a four- year term andshall be ineligible to succeed himself. His termshall end upon the occurrence of any eventwhich would have made him ineligible forappointment. When a vacancy occurs, asuccessor shall be appointed for a four-yearterm by the authority which appointed hispredecessor.


(C) Powers. On recommendation of the every criminal prosecution by the state in hisjudiciary commission, the supreme court may district, be the representative of the statecensure, suspend with or without salary, before the grand jury in his district, and be theremove from office, or retire involuntarily a legal advisor to the grand jury. He shalljudge for willful misconduct relating to his perform other duties provided by law. official duty, willful and persistent failure toperform his duty, persistent and public (C) Prohibition. No district attorney orconduct prejudicial to the administration of assistant district attorney shall appear, plead,justice that brings the judicial office into or in any way defend or assist in defendingdisrepute, conduct while in office which would any criminal prosecution or charge. A violationconstitute a felony, or conviction of a felony. of this Paragraph shall be cause for removal.On recommendation of the judiciarycommission, the supreme court may disqualifya judge from exercising any judicial function,without loss of salary, during pendency ofproceedings in the supreme court. Onrecommendation of the judiciary commission,the supreme court may retire involuntarily ajudge for disability that seriously interfereswith the performance of his duties and that isor is likely to become permanent. Thesupreme court shall make rules implementingthis Section and providing for confidentialityand privilege of commission proceedings.

(D) Other Disciplinary Action. Actionagainst a judge under this Section shall notpreclude disciplinary action against himconcerning his license to practice law.

§26. District Attorneys

Section 26. (A) Election; Qualifications;Assistants. In each judicial district a districtattorney shall be elected for a term of sixyears. He shall have been admitted to thepractice of law in the state for at least fiveyears prior to his election and shall haveresided in the district for the two yearspreceding election. A district attorney mayselect assistants as authorized by law, andother personnel.

(B) Powers. Except as otherwise providedby this constitution, a district attorney, or hisdesignated assistant, shall have charge of

§27. Sheriffs

Section 27. In each parish a sheriff shallbe elected for a term of four years. He shallbe the chief law enforcement officer in theparish, except as otherwise provided by thisconstitution, and shall execute court ordersand process. He shall be the collector of stateand parish ad valorem taxes and such othertaxes and license fees as provided by law.This Section shall not apply to OrleansParish.

§28. Clerks of Court

Section 28. (A) Powers and Duties;Deputies. In each parish a clerk of the districtcourt shall be elected for a term of four years.He shall be ex officio notary public and parishrecorder of conveyances, mortgages, andother acts and shall have other duties andpowers provided by law. The clerk mayappoint deputies with duties and powersprovided by law and, with the approval of thedistrict judges, he may appoint minute clerkswith duties and powers provided by law.

(B) Office Hours. The legislature shallestablish uniform statewide office hours forclerks of the district courts.

§29. Coroners

Section 29. In each parish a coroner shall


be elected for a term of four years. He shallbe a licensed physician and possess the otherqualifications and perform the duties providedby law. The requirement that he be a licensedphysician shall be inapplicable in any parishin which no licensed physician will accept theoffice.

§30. Vacancies

Section 30. When a vacancy occurs in thefollowing offices, the duties of the office, untilit is filled by election as provided by law, shallbe assumed by the persons hereindesignated: (1) sheriff, by the chief criminaldeputy; (2) district attorney, by the firstassistant; (3) clerk of a district court, by thechief deputy; (4) coroner, by the chief deputy.If there is no such person to assume theduties when the vacancy occurs, thegoverning authority or authorities of the parishor parishes concerned shall appoint aqualified person to assume the duties of theoffice until filled by election.

§31. Reduction of Salaries and BenefitsProhibited

Section 31. The salary and retirementbenefits of an attorney general, districtattorney, sheriff, coroner, or clerk of thedistrict court shall not be diminished duringhis term of office.

§32. Orleans Parish Courts, Officials

Section 32. Except for provisions relatingto terms of office as provided elsewhere inthis Article, and notwithstanding any othercontrary provision of this constitution, thefollowing courts and officers in Orleans Parishare continued, subject to change by law: thecivil and criminal district courts; the city,municipal, traffic, and juvenile courts; theclerks of the civil and criminal district courts;the civil and criminal sheriffs; the constablesand the clerks of the first and second citycourts; the register of conveyances; and therecorder of mortgages.

§33. Jurors

Section 33. (A) Qualifications. A citizen ofthe state who has reached the age of majorityis eligible to serve as a juror within the parishin which he is domiciled. The legislature mayprovide additional qualifications.

(B) Exemptions. The supreme court shallprovide by rule for exemption of jurors.

§34. Grand Jury

Section 34. (A) Grand Jury. There shall bea grand jury or grand juries in each parish,whose qualifications, duties, andresponsibilities shall be provided by law. Thesecrecy of the proceedings, including theidentity of witnesses, shall be provided by law.

(B) Right to Counsel. The legislature may

PAGE -28- Louisiana Constitution of 1974 ART. VI(as amended November 3, 1998)

establish by law terms and conditions underwhich a witness may have the right to theadvice of counsel while testifying before thegrand jury.

ARTICLE VI.LOCAL GOVERNMENT

PART I. GENERAL PROVISIONS

§1. Parishes

Section 1. (A) Parishes and BoundariesRatified. Parishes and their boundaries asestablished on the effective date of thisconstitution are recognized and ratified.

(B) Creation; Dissolution; Merger;Boundaries. The legislature by law mayestablish and organize new parishes, dissolveand merge parishes, and change parishboundaries if approved by two-thirds of theelectors in each parish affected voting thereonat an election held for that purpose.

(C) Change of Parish Seat. The governingauthority of a parish may call an election onthe question of changing the parish seat. Theparish seat shall be changed if approved bytwo-thirds of the electors voting thereon.

(D) Adjustment of Assets and Liabilities.When a parish is enlarged or established fromcontiguous territory, it shall be entitled to ajust proportion of the property and assets andshall be liable for a just proportion of theexisting debts and liabilities of the parish orparishes from which the territory is taken.

§2. Municipalities

Section 2. The legislature shall provide bygeneral law for the incorporation,consolidation, merger, and government ofmunicipalities. No local or special law shall

create a municipal corporation or amend,modify, or repeal a municipal charter.However, a special legislative charter existingon the effective date of this constitution maybe amended, modified, or repealed by local orspecial law.

§3. Classification

Section 3. The legislature may classifyparishes or municipalities according topopulation or on any other reasonable basisrelated to the purpose of the classification.Legislation may be limited in its effect to anyof such class or classes.

§4. Existing Home Rule Charters andPlans of Government

Section 4. Every home rule charter or planof government existing or adopted when thisconstitution is adopted shall remain in effectand may be amended, modified, or repealedas provided therein. Except as inconsistentwith this constitution, each local governmentalsubdivision which has adopted such a homerule charter or plan of government shall retainthe powers, functions, and duties in effectwhen this constitution is adopted. If its charterpermits, each of them also shall have the rightto powers and functions granted to other localgovernmental subdivisions.

§5. Home Rule Charter

Section 5. (A) Authority to Adopt;Commission. Subject to and not inconsistentwith this constitution, any local governmentalsubdivision may draft, adopt, or amend ahome rule charter in accordance with thisSection. The governing authority of a local


governmental subdivision may appoint a necessary, requisite, or proper for thecommission to prepare and propose a charter management of its affairs, not denied byor an alternate charter, or it may call an general law or inconsistent with thiselection to elect such a commission. constitution.

(B) Petition to Elect Commission. The (F) Additional Powers and Functions.governing authority shall call an election to Except as prohibited by its charter, a localelect such a commission when presented with governmental subdivision adopting a homea petition signed by not less than ten percent rule charter under this Section shall have theof the electors or ten thousand electors, additional powers and functions granted towhichever is fewer, who live within the local governmental subdivisions by otherboundaries of the affected subdivision, as provisions of this constitution. certified by the registrar of voters.

(C) Adoption; Amendment; Repeal. A Affected. No home rule charter or plan ofhome rule charter shall be adopted, amended, government shall contain any provisionor repealed when approved by a majority of affecting a school board or the offices ofthe electors voting thereon at an election held district attorney, sheriff, assessor, clerk of afor that purpose. district court, or coroner, which is inconsistent

(D) Adoption by Two or More LocalGovernmental Subdivisions. Two or morelocal governmental subdivisions within theboundaries of one parish may adopt a homerule charter under this Section if approved bya majority of the electors in each affectedlocal governmental subdivision voting thereonin an election held for that purpose. Thelegislature shall provide by law the method ofappointment or election of a commission toprepare and propose a charter consistent withParagraph (A) of this Section and the methodby which the electors may petition for anelection consistent with Paragraph (B) of thisSection. However, at least one member of thecommission shall be elected or appointedfrom each affected local governmentalsubdivision.

(E) Structure and Organization; Powers;Functions. A home rule charter adopted underthis Section shall provide the structure andorganization, powers, and functions of thegovernment of the local governmentalsubdivision, which may include the exercise ofany power and performance of any function

(G) Parish Officials and School Boards Not

with this constitution or law.

§6. Home Rule Charter or Plan ofGovernment; Action by LegislatureProhibited

Section 6. The legislature shall enact nolaw the effect of which changes or affects thestructure and organization or the particulardistribution and redistribution of the powersand functions of any local governmentalsubdivision which operates under a home rulecharter.

§7. Powers of Other Local GovernmentalSubdivisions

Section 7. (A) Powers and Functions.Subject to and not inconsistent with thisconstitution, the governing authority of a localgovernmental subdivision which has no homerule charter or plan of government mayexercise any power and perform any functionnecessary, requisite, or proper for themanagement of its affairs, not denied by itscharter or by general law, if a majority of theelectors voting in an election held for that


purpose vote in favor of the proposition thatthe governing authority may exercise suchgeneral powers. Otherwise, the localgovernmental subdivision shall have thepowers authorized by this constitution or bylaw.

(B) Parish Officials and School Boards NotAffected. Nothing in this Section shall affectthe powers and functions of a school board orthe offices of district attorney, sheriff,assessor, clerk of a district court, or coroner.

§8. Home Rule Parish; Incorporation ofCities, Towns, and Villages

Section 8. No parish plan of government orhome rule charter shall prohibit theincorporation of a city, town, or village asprovided by general law.

§9. Limitations of Local GovernmentalSubdivisions

Section 9. (A) Limitations. No localgovernmental subdivision shall (1) define andprovide for the punishment of a felony; or (2)except as provided by law, enact anordinance governing private or civilrelationships.

(B) Police Power Not Abridged.Notwithstanding any provision of this Article,the police power of the state shall never beabridged.

§10. Codification of Ordinances

Section 10. Within two years after theeffective date of this constitution, thegoverning authority of each politicalsubdivision shall have a code preparedcontaining all of its general ordinances. Whenthe code is prepared, the governing authorityshall make copies available for publicdistribution. All general ordinances adoptedafter the approval of the code shall beamendments or additions to the code.

§11. Local Officials

Section 11. The electors of each localgovernmental subdivision shall have theexclusive right to elect their governingauthority. Nothing herein shall be construed toprohibit the election of the members fromsingle- member districts.

§12. Local Officials; Compensation

Section 12. The compensation or methodof fixing the compensation of an electedofficial of any local governmental subdivisionwhich operates under a home rule charter orplan of government, as provided in Sections 4and 5 of this Article, shall be provided in itscharter. The compensation or method of fixing


the compensation of an elected official of any (B) This Section shall not apply to:other local governmental subdivision shall beprovided by law. Compensation of a local (1) A law requested by the governingofficial shall not be reduced during the term authority of the affected political subdivision. for which he is elected.

§13. Vacancies

Section 13. (A) Vacancy; Appointment.Except as otherwise provided by thisconstitution, a vacancy in any local office filledby election wholly within the boundaries of alocal governmental subdivision or a schooldistrict shall be filled by appointment by theparticular governing authority of the localgovernmental subdivision or school district inwhich the vacancy occurs, until it is filled byelection as provided by law.

(B) Exception. This Section shall apply toeach local governmental subdivision unlessotherwise provided by its home rule charter orplan of government.

§14. Increasing Financial Burden ofPolitical Subdivisions

Section 14. (A) No law or state executiveorder, rule, or regulation requiring increasedexpenditures for any purpose shall becomeeffective within a political subdivision untilapproved by ordinance enacted, or resolutionadopted, by the governing authority of theaffected political subdivision or until, and onlyas long as, the legislature appropriates fundsfor the purpose to the affected politicalsubdivision and only to the extent and amountthat such funds are provided, or until a lawprovides for a local source of revenue withinthe political subdivision for the purpose andthe affected political subdivision is authorizedby ordinance or resolution to levy and collectsuch revenue and only to the extent andamount of such revenue. This Section shallnot apply to a school board.

(2) A law defining a new crime oramending an existing crime.

(3) A law enacted and effective prior to theadoption of the amendment of this Section bythe electors of the state in 1991.

(4) A law enacted, or state executiveorder, rule, or regulation promulgated, tocomply with a federal mandate.

(5) A law providing for civil service,minimum wages, hours, working conditions,and pension and retirement benefits, orvacation or sick leave benefits for firemen andmunicipal policemen.

(6) Any instrument adopted or enacted bytwo-thirds of the elected members of eachhouse of the legislature and any rule orregulation adopted to implement suchinstrument or adopted pursuant thereto.

(7) A law having insignificant fiscal impacton the affected political subdivision.

§15. Local Governmental Subdivisions;Control Over Agencies

Section 15. The governing authority of alocal governmental subdivision shall havegeneral power over any agency heretofore orhereafter created by it, including, withoutlimitation, the power to abolish the agencyand require prior approval of any charge ortax levied or bond issued by the agency.

§16. Special Districts and Local PublicAgencies

Section 16. (A) Consolidation. A local


governmental subdivision may consolidateand merge into itself any special district orlocal public agency, except a school district,situated and having jurisdiction entirely withinthe boundaries of the local governmentalsubdivision. Upon the consolidation andmerger, the local governmental subdivisionshall succeed to and be vested with all of therights, revenues, resources, jurisdiction,authority, and powers of the special district orlocal public agency. A consolidation andmerger shall become effective only ifapproved by a majority of the electors votingthereon in the local governmental subdivisionas a whole and by a majority of the electorsvoting thereon in the affected special district.A local public agency shall be consolidatedand merged only if approved by a majority ofthe electors voting thereon in an election heldfor that purpose in the local governmentalsubdivision in which the agency is located.

(B) Assumption of Debt. If the specialdistrict or local public agency which isconsolidated and merged has outstandingindebtedness, the authority provided by thisSection shall not be exercised unlessprovision is made for the assumption of theindebtedness by the governing authority ofthe local governmental subdivision involved.

§17. Land Use; Zoning; HistoricPreservation

Section 17. Subject to uniform procedures agencies, commissions, and authorities soestablished by law, a local governmental created such rights, powers, and authoritiessubdivision may (1) adopt regulations for land as it deems proper, including, but not limiteduse, zoning, and historic preservation, which to, the power of taxation and the power toauthority is declared to be a public purpose; incur debt and issue bonds. (2) create commissions and districts toimplement those regulations; (3) reviewdecisions of any such commission; and (4)adopt standards for use, construction,demolition, and modification of areas andstructures. Existing constitutional authority forhistoric preservation commissions is retained.

§18. Industrial Areas

Section 18. (A) Authorization. Thelegislature by law may authorize parishes tocreate and define industrial areas within theirboundaries in accordance with proceduresand subject to regulations which it determines.An industrial area shall not be a politicalsubdivision of the state.

(B) Access by Public Road; PoliceProtection. When an industrial area is socreated, provision shall be made for accessby public road to each entrance to thepremises of every plant in the area, which isprovided for use by employees of thecompany, or for use by employees ofindependent contractors working on thepremises, or for delivery of materials orsupplies, other than by rail or watertransportation, to the premises. Policeprotection provided by any plant in anindustrial area shall be confined to thepremises of that plant.

§19. Special Districts; Creation

Section 19. Subject to and not inconsistentwith this constitution, the legislature bygeneral law or by local or special law maycreate or authorize the creation of specialdistricts, boards, agencies, commissions, andauthorities of every type, define their powers,and grant to the special districts, boards,

§20. Intergovernmental Cooperation

Section 20. Except as otherwise providedby law, a political subdivision may exerciseand perform any authorized power andfunction, including financing, jointly or in


cooperation with one or more political to a school board. subdivisions, either within or without the state,or with the United States or its agencies.

§21. Assistance to Local Industry

Section 21. (A) Authorization. In order to(1) induce and encourage the location of oraddition to industrial enterprises therein whichwould have economic impact upon the areaand thereby the state, (2) provide for theestablishment and furnishing of suchindustrial plant, or (3) provide movable orimmovable property, or both, for pollutioncontrol facilities, the legislature by law mayauthorize, subject to restrictions it mayimpose, any political subdivision, deep-waterport commission, or deep-water port, harbor,and terminal district to

(a) issue bonds, subject to approval by theState Bond Commission or its successor, anduse the funds derived from the sale of thebonds to acquire and improve industrial plantsites and other property necessary to thepurposes thereof;

(b) acquire, through purchase, donation,exchange, and (subject to Article 1, Section 4)expropriation, and improve industrial plantbuildings and industrial plant equipment,machinery, furnishings, and appurtenances;and

(c) sell, lease, lease-purchase, ordemolish all or any part of the foregoing.

(B) Property Expropriated; Sale to AliensProhibited. No property expropriated underthe authority of this Section shall ever, directlyor indirectly, be sold or donated to any foreignpower, any alien, or any corporation in whichthe majority of the stock is controlled by anyforeign power, alien corporation, or alien.

(C) Exception. This Section shall not apply

§22. Procedure for Certain SpecialElections

Section 22. When an election is requiredin a political subdivision under the provisionsof this constitution which require submissionto the electors of a proposition or question,the election shall be called, conducted, andthe returns thereof canvassed, in accordancewith the procedures established by the lawthen in effect pertaining to elections forincurring bonded indebtedness and specialtaxes relative to local finance, or as may beotherwise provided by law.

§23. Acquisition of Property

Section 23. Subject to and not inconsistentwith this constitution and subject torestrictions provided by general law, politicalsubdivisions may acquire property for anypublic purpose by purchase, donation,expropriation, exchange, or otherwise.

§24. Servitudes of Way; Acquisition byPrescription

Section 24. The public, represented bylocal governmental subdivisions, may acquireservitudes of way by prescription in themanner prescribed by law.

§25. Courts Not Affected

Section 25. Notwithstanding any provisionof this Article, courts and their officers may beestablished or affected only as provided inArticle V of this constitution.

PART II. FINANCE

§26. Parish Ad Valorem Tax

Section 26.(A) Parish Tax for General


Purposes; Millage Limits; Increase. The for the year 1991 and thereafter, an additionalgoverning authority of a parish may levy ad valorem tax for fire protection not toannually an ad valorem tax for general exceed five mills on the dollar of assessedpurposes not to exceed four mills on the dollar valuation and an additional ad valorem tax forof assessed valuation. However, in Orleans police protection not to exceed five mills onParish the limitation shall be seven mills, and the dollar of assessed valuation. The millagein Jackson Parish the limitation shall be five rates for such additional ad valorem taxesmills. Millage rates may be increased in any may not be increased. Notwithstanding theparish when approved by a majority of the provisions of Article VII, Section 20(A), theelectors voting thereon in an election held for homestead exemption shall not extend tothat purpose. such additional ad valorem taxes. Provided,

(B) Millage Increases Not for General generated by these fire and police millagesPurposes. When the millage increase is for shall not displace, replace, or supplantother than general purposes, the proposition funding by the city of New Orleans for fire andshall state the specific purpose or purposes police protection for calendar year 1990 norfor which the tax is to be levied and the length shall the level of funding for such purposes byof time the tax is to remain in effect. All the city for that calendar year be decreasedproceeds of the tax shall be used solely for below such level in any calendar yearthe purpose or purposes set forth in the hereafter. In the event of either of the above,proposition. the authorization for such fire and police

(C) Parish Tax in Municipality. The amount effect. This provision shall mean that noof the parish tax for general purposes which appropriation for any calendar year from suchany parish, except Orleans Parish, may levy, additional revenues shall be made for anywithout a vote of the electors, on property purpose for which a city appropriation waslocated wholly within any municipality which made in the previous year unless the totalhas a population exceeding one thousand appropriations for that calendar year from theinhabitants according to the last federal city for such purpose exceed citydecennial census, or other census authorized appropriations for the previous year. Thisby law, and which provides and maintains a provision shall in no way limit citysystem of street paving, shall not exceed one- appropriations in excess of the minimumhalf the tax levy for general purposes. amounts herein established.

(D) Withdrawal from Parish TaxingAuthority. This Section shall not affect thewithdrawal of property in a municipality fromparish taxing authority, in whole or in part, bya provision of the legislative charter of amunicipality in effect on the effective date ofthis constitution.

(E) Additional Taxes for Orleans Parish. Inaddition to any millage authorized byParagraph (A) of this Section, the governingauthority of Orleans Parish may levy annually,

however, that the additional revenues

millages herein shall be null, void, and of no

§27. Municipal Ad Valorem Tax

Section 27.(A) Municipal Tax for GeneralPurposes; Millage Limits; Increase. Thegoverning authority of a municipality may levyannually an ad valorem tax for generalpurposes not to exceed seven mills on thedollar of assessed valuation. However, if amunicipality, by its charter or by law, isexempt from payment of parish taxes or,under legislative or constitutional authority,maintains its own public schools, it may levy


an annual tax not to exceed ten mills on the consumption, and the storage for use ordollar of assessed valuation. Millage rates consumption, of tangible personal propertymay be increased in any municipality when and on sales of services as defined by law, ifapproved by a majority of the electors voting approved by a majority of the electors votingthereon in an election held for that purpose. thereon in an election held for that purpose.

(B) Millage Increase Not for General of all other sales and use taxes, exclusive ofPurposes. When the millage increase is for state sales and use taxes, levied andother than general purposes, the proposition collected within any local governmentalshall state the specific purpose or purposes subdivision, shall not exceed three percent. for which the tax is to be levied and the lengthof time the tax is to remain in effect. All (B) Additional Sales Tax Authorized.proceeds of the tax shall be used solely for However, the legislature, by general or bythe purpose or purposes set forth in the local or special law, may authorize theproposition. imposition of additional sales and use taxes

(C) Exception. This Section shall not apply boards, if approved by a majority of theto the city of New Orleans. electors voting thereon in an election held for

§28. Local Governmental Subdivisions;Occupational License Tax

Section 28. The governing authority of alocal governmental subdivision may imposean occupational license tax not greater thanthat imposed by the state. Those who pay amunicipal occupational license tax shall beexempt from a parish occupational license taxin the amount of the municipal tax. Thegoverning authority of a local governmentalsubdivision may impose an occupationallicense tax greater than that imposed by thestate when authorized by law enacted by thefavorable vote of two-thirds of the electedmembers of each house of the legislature.

§29. Local Governmental Subdivisionsand School Boards; Sales Tax

Section 29. (A) Sales Tax Authorized.Except as otherwise authorized in a home rulecharter as provided for in Section 4 of thisArticle, the governing authority of any localgovernmental subdivision or school boardmay levy and collect a tax upon the sale atretail, the use, the lease or rental, the

The rate thereof, when combined with the rate

by local governmental subdivisions or school

that purpose.

(C) Bonds; Security. Nothing in thisSection shall affect any sales or use taxauthorized or imposed on the effective date ofthis constitution or affect or impair the securityof any bonds payable from the proceeds ofthe tax.

(D) Exemptions; Protection of Bonds.Except when bonds secured thereby havebeen authorized, the legislature may providefor the exemption or exclusion of any goods,tangible personal property, or services fromsales or use taxes only pursuant to one of thefollowing:

(1) Exemptions or exclusions uniformlyapplicable to the taxes of all localgovernmental subdivisions, school boards,and other political subdivisions whoseboundaries are not coterminous with those ofthe state.

(2) Exemptions or exclusions applicable tothe taxes of the state or applicable to politicalsubdivisions whose boundaries arecoterminous with those of the state, or both.


(3) Exemptions or exclusions uniformlyapplicable to the taxes of all the taxauthorities in the state.

§30. Political Subdivisions; Taxing Power

Section 30.(A) A political subdivision mayexercise the power of taxation, subject tolimitations elsewhere provided by thisconstitution, under authority granted by thelegislature for parish, municipal, and otherlocal purposes, strictly public in their nature.This Section shall not affect similar grants topolitical subdivisions under self-operativesections of this constitution.

(B) Notwithstanding the provisions ofParagraph (A) of this Section, or any otherprovision of law to the contrary, no politicalsubdivision shall submit the same taxproposition, or a new tax proposition thatincludes such a tax proposition, to theelectorate more than once within a six monthperiod except in the case of an emergency asdetermined by the governing authority of thepolitical subdivision.

§30.1. Bonding and Taxing Authority ofCertain Political Subdivisions andOther Public Entities

Section 30.1.(A) The Louisiana RecoveryDistrict shall have no power or authority,directly or indirectly, to incur debt or issuebonds after the effective date of this Sectionexcept to refund any such outstanding debt orbonds at a lower effective rate of interest. Anydebt or bonds issued and outstanding on theeffective date of this Section, or any debtincurred or bonds issued to refund suchindebtedness or bonds as authorized by thisSection shall be retired no later than the endof Fiscal Year 1998-1999. At such time asthere is no debt or bonds of the LouisianaRecovery District outstanding, the LouisianaRecovery District shall cease to exist and anyauthority or power of the district shall be nulland void. The Louisiana Recovery Districtshall not levy a new tax or increase anyexisting tax of the district.

(B) The legislature shall not grant anypower of taxation or power to incur debt orissue bonds to any one or more politicalsubdivisions, special districts, agencies,boards, commissions, or other authoritiescreated by the legislature for the purpose ofgenerating revenue for the state whoseboundary or combined boundaries arecoterminous with the state, except by lawenacted by a favorable record vote of two-thirds of the elected members of each houseof the legislature. This Paragraph shall notapply to the Louisiana Recovery District.

(C) Except as provided in Paragraphs (A)and (B), this Section shall not apply to anypolitical subdivision, special district, agency,board, commission, municipality, parish,school board, levee district, port, or to anyother similar authority.

§31. Taxes; Ratification


Section 31. Any tax validly being levied bya political subdivision under prior legislativeor constitutional authority on the effective dateof this constitution is ratified.

§32. Special Taxes; Authorization

Section 32. For the purpose of acquiring,constructing, improving, maintaining oroperating any work of public improvement, apolitical subdivision may levy special taxeswhen authorized by a majority of the electorsin the political subdivision who vote thereon inan election held for that purpose.

§33. Political Subdivisions; GeneralObligation Bonds

Section 33. (A) Authorization. Subject toapproval by the State Bond Commission or itssuccessor, general obligation bonds may beissued only after authorization by a majority ofthe electors voting on the proposition at anelection in the political subdivision issuing thebonds. Bonds to refund outstandingindebtedness at the same or at a lowereffective rate of interest, even though payablesolely from ad valorem taxes, need not beauthorized at an election if the indebtednessrefunded is paid or cancelled at the time ofthe delivery of the refunding bonds, or ifmoney, or securities made eligible for suchpurpose by law, are deposited in escrow in anadequate amount, with interest, to be utilizedsolely to retire the refunded indebtedness orbonds and to pay interest thereon andredemption premiums, if any, to the time ofretirement.

(B) Full Faith and Credit. The full faith andcredit of a political subdivision is herebypledged to the payment of general obligationbonds issued by it under this constitution orthe statute or proceedings pursuant to which


they are issued. The governing authority of circulation therein. For thirty days after thethe issuing political subdivision shall levy and date of publication, any person in interest maycollect or cause to be levied and collected on contest the legality of the ordinance orall taxable property in the political subdivision resolution and of any provision therein madead valorem taxes sufficient to pay principal for the security and payment of the bonds.and interest and redemption premiums, if any, After that time, no one shall have any causeon such bonds as they mature. of action to test the regularity, formality,

§34. Limitations on Bonded Indebtedness

Section 34. The legislature by law shall fixthe limitation on bonded indebtednesspayable solely from ad valorem taxes leviedby political subdivisions.

§35. Contesting Political SubdivisionBonds

Section 35. (A) Contesting Election; TimeLimit. For sixty days after promulgation of theresult of an election held to incur or assumedebt, issue bonds, or levy a tax, any person ininterest may contest the legality of theelection, the bond issue provided for, or thetax authorized, for any cause. After that timeno one shall have any cause or right of actionto contest the regularity, formality, or legalityof the election, tax provisions, or bondauthorization, for any cause whatsoever. If thevalidity of any election, tax, debt assumption,or bond issue authorized or provided for is notraised within the sixty days, the authority toincur or assume debt,levy the tax, or issuethe bonds, the legality thereof, and the taxesand other revenues necessary to pay thesame shall be conclusively presumed to bevalid, and no court shall have authority toinquire into such matters.

(B) Contesting Ordinance or Resolution;Time Limit. Every ordinance or resolutionauthorizing the issuance of bonds or otherdebt obligation by a political subdivision shallbe published at least once in the officialjournal of the political subdivision or, if thereis none, in a newspaper having general

legality, or effectiveness of the ordinance orresolution, and provisions thereof for anycause whatever. Thereafter, it shall beconclusively presumed that every legalrequirement for the issuance of the bonds orother debt obligation, including all thingspertaining to the election, if any, at which thebonds or other debt obligation wereauthorized, has been complied with. No courtshall have authority to inquire into any ofthese matters after the thirty days.

§36. Local Improvement Assessments

Section 36. (A) Authorization. Thelegislature shall provide by general law or bylocal or special law the procedures by which apolitical subdivision may levy and collect localor special assessments on real property forthe purpose of acquiring, constructing, orimproving works of public improvement.

(B) Certificates of Indebtedness; Security.Certificates of indebtedness may be issued tocover the cost of any such publicimprovement. They shall be secured by thepledge of the local or special assessmentslevied therefor and may be further secured bythe pledge of the full faith and credit of thepolitical subdivision.

(C) Exception. This Section shall not applyto a school board.

§37. Revenue-Producing Property

Section 37. (A) Authorization. Thelegislature by law may authorize politicalsubdivisions to issue bonds or other debt


obligations to construct, acquire, extend, or Section 39. (A) District Tax; Millage Limit.improve any revenue-producing public utility For the purpose of constructing andor work of public improvement. The bonds or maintaining levees, levee drainage, floodother debt obligations may be secured by protection, hurricane flood protection, and formortgage on the lands, buildings, machinery, all other purposes incidental thereto, theand equipment or by the pledge of the income governing authority of a levee district mayand revenues of the public utility or work of levy annually a tax not to exceed five mills,public improvement. They shall not be a except the Board of Levee Commissioners ofcharge upon the other income and revenues the Orleans Levee District which may levyof the political subdivision. annually a tax not to exceed two and one- half

(B) Exception. This Section shall not apply of all taxable property situated within theto a school board. alluvial portions of the district subject to

PART III. LEVEE DISTRICTS

§38. Levee Districts

Section 38. (A) Retention; Reorganization;Consolidation. Levee districts as organizedand constituted on January 1, 1974 shallcontinue to exist, except that

(1) The legislature may provide by law forthe consolidation, division, or reorganizationof existing levee districts or may create newlevee districts. However, the members of theboard of commissioners of a districtheretofore or hereafter created shall beappointed or elected from among residents ofthe district, as provided by law.

(2) A levee district whose flood controlresponsibilities are limited to and which issituated entirely within one parish may beconsolidated and merged into such parishunder the terms and conditions and in themanner provided in Section 16 of this Article.

(B) Obligation of Contract Affirmed. Noaction taken under this Section shall impairthe obligation of outstanding bondedindebtedness or of any other contract of alevee district.

§39. Levee District Taxes

mills, on the dollar of the assessed valuation

overflow.

(B) Millage Increase. If the necessity toraise additional funds arises in any leveedistrict for any purpose set forth in Paragraph(A), or for any other purpose related to itsauthorized powers and functions as specifiedby law, the tax may be increased. However,the necessity and the rate of the increaseshall be submitted to the electors of thedistrict, and the tax increase shall take effectonly if approved by a majority of the electorsvoting thereon in an election held for thatpurpose.


§40. Bond Issues

Section 40. (A) Authorization. Subject toapproval by the State Bond Commission or itssuccessor, the governing authority of a leveedistrict may fund the proceeds of its taxes orother revenues into bonds or other evidencesof indebtedness. Proceeds thus derived shallbe used for the purposes mentioned in Part IIIof this Article or for the funding or payment ofany outstanding indebtedness.

(B) Sale. Bonds issued under the authorityof Paragraph (A) shall be sold as provided bylaw concerning the issuance of bonds bylevee districts.

§41. Cooperation with FederalGovernment

Section 41. The governing authority of anylevee district may cooperate with the federalgovernment in constructing and maintaininglevees in this state, under terms andconditions provided by the federal authoritiesand accepted by the governing authority.

§42. Compensation for Property Used orDestroyed; Tax

Section 42. (A) Compensation.Notwithstanding any contrary provision of thisconstitution, lands and improvements thereonhereafter actually used or destroyed forlevees or levee drainage purposes shall bepaid for as provided by law. However, nothingcontained in this Paragraph with respect tocompensation for lands and improvementsshall apply to batture or to property the controlof which is vested in the state or any politicalsubdivision for the purpose of commerce. Ifthe district has no other funds or resourcesfrom which the payment can be made, it shalllevy on all taxable property within the district atax sufficient to pay for property used ordestroyed to be used solely in the district

where collected.

(B) Appropriation. Nothing in this Sectionshall prevent the appropriation of suchproperty before payment.


PART IV. PORT COMMISSIONS PART V. DEFINITIONSAND DISTRICTS

§43. Port Commissions and Districts

Section 43. All deep-water portcommissions and all deep-water port, harbor,and terminal districts as organized andconstituted on January 1, 1974, including theirpowers and functions, structure andorganization, and territorial jurisdiction, areratified and confirmed and shall continue toexist, except that

(1) The legislature by law may grantadditional powers and functions to any suchcommission or district and may create newport commissions or port, harbor, and terminaldistricts.

(2) Only by law enacted by the favorablevote of two-thirds of the elected members ofeach house, may the legislature consolidateor abolish any such commission or district ordiminish, reduce, or withdraw from any suchcommission or district any of its powers andfunctions and affect the structure andorganization, distribution, and redistribution ofthe powers and functions of any suchcommission or district, including additions toor reductions of its territorial jurisdiction.

(3) The legislature shall enact laws withrespect to the membership of thecommissions provided in this Section. Oncethe law with respect to membership isenacted, it may be changed only by lawenacted by the favorable vote of two-thirds ofthe elected members of each house.

§44. Terms Defined

Section 44. As used in this Article:

(1) "Local governmental subdivision"means any parish or municipality.

(2) "Political subdivision" means a parish,municipality, and any other unit of localgovernment, including a school board and aspecial district, authorized by law to performgovernmental functions.

(3) "Municipality" means an incorporatedcity, town, or village.

(4) "Governing authority" means the bodywhich exercises the legislative functions of thepolitical subdivision.

(5) "General law" means a law of statewideconcern enacted by the legislature which isuniformly applicable to all persons or to allpolitical subdivisions in the state or which isuniformly applicable to all persons or to allpolitical subdivisions within the same class.

(6) "General obligation bonds" meansthose bonds, the principal and interest ofwhich are secured by and payable from advalorem taxes levied without limitation as torate or amount.

(7) "Deep-water port commissions" and"deep-water port, harbor, and terminaldistricts" mean those commissions or districtswithin whose territorial jurisdiction existfacilities capable of accommodating vessels ofat least twenty-five feet of draft and ofengaging in foreign commerce.

PAGE -42- Louisiana Constitution of 1974 ART. VII(as amended November 3, 1998)

ARTICLE VII.REVENUE AND FINANCE

PART I. GENERAL PROVISIONS

§1. Power to Tax; Public Purpose

Section 1.(A) Except as otherwiseprovided by this constitution, the power oftaxation shall be vested in the legislature,shall never be surrendered, suspended, orcontracted away, and shall be exercised forpublic purposes only.

(B) The power to tax may not be exercisedby any court in the state, either by orderingthe levy of a tax, an increase in an existingtax, or the repeal of an existing tax exemptionor by ordering the legislature or any municipalor parish governing authority or any otherpolitical subdivision or governmental entity todo so.

§2. Power to Tax; Limitation

Section 2. The levy of a new tax, anincrease in an existing tax, or a repeal of anexisting tax exemption shall require theenactment of a law by two-thirds of theelected members of each house of thelegislature.

§2.1. Fees and Civil Fines; Limitation

Section 2.1. (A) Any new fee or civil fine orincrease in an existing fee or civil fineimposed or assessed by the state or anyboard, department, or agency of the stateshall require the enactment of a law by a two-thirds vote of the elected members of eachhouse of the legislature.

B. The provisions of this Section shall notapply to any department which isconstitutionally created and headed by anofficer who is elected by majority vote of the


electorate of the state. identified on the taxpayers' returns of funds

§3. Collection of Taxes

Section 3. (A) The legislature shall prohibitthe issuance of process to restrain thecollection of any tax. It shall provide acomplete and adequate remedy for the promptrecovery of an illegal tax paid by a taxpayer.

(B)(1) Notwithstanding any contraryprovision of this constitution, sales and usetaxes levied by political subdivisions shall becollected by a single collector for each parish.On or before July 1, 1992, all politicalsubdivisions within each parish which levy asales and use tax shall agree between andamong themselves to provide for thecollection of such taxes by a single collectoror a central collection commission. Thelegislature, by general law, shall provide forthe collection of sales and use taxes, leviedby political subdivisions, by a centralcollection commission in those parisheswhere a single collector or a central collectioncommission has not been established by July1, 1992.

(2) The legislature, by local law enacted bytwo-thirds of the elected members of eachhouse of the legislature, may establish analternate method of providing for a singlecollector of a central collection commission ineach parish.

(3) Except when authorized by theunanimous agreement of all politicalsubdivisions levying a sales and use taxwithin a parish, only those politicalsubdivisions levying a sales and use tax shallbe authorized to act as the single collector orparticipate on any commission established forthe collection of such taxes.

(4) The legislature shall provide for theprompt remittance to the political subdivisions

collected pursuant to the provisions of thisParagraph by a single collector or under anyother centralized collection arrangement.

(5) The provisions of this Paragraph shallnot apply in those parishes which have asingle collector or a centralized collectionarrangement as of July 1, 1992.

§4. Income Tax; Severance Tax; PoliticalSubdivisions

Section 4. (A) Income Tax. Equal anduniform taxes may be levied on net incomes,and these taxes may be graduated accordingto the amount of net income. However, thestate individual and joint income tax scheduleof rates shall never exceed the rates set forthin Title 47, Section 32 of the LouisianaRevised Statutes on January 1, 1974. Federalincome taxes paid shall be allowed as adeductible item in computing state incometaxes for the same period.

(B) Severance Tax. Taxes may be leviedon natural resources severed from the soil orwater, to be paid proportionately by theowners thereof at the time of severance.Natural resources may be classified for thepurpose of taxation. Such taxes may bepredicated upon either the quantity or value ofthe products at the time and place ofseverance. No further or additional tax orlicense shall be levied or imposed upon oil,gas, or sulphur leases or rights. No additionalvalue shall be added to the assessment ofland by reason of the presence of oil, gas, orsulphur there in or their production therefrom.However, sulphur in place shall be assessedfor ad valorem taxation to the person, firm, orcorporation having the right to mine orproduce the same in the parish where located,at no more than twice the total assessedvalue of the physical property subject totaxation, excluding the assessed value of


sulphur above ground, as is used in sulphur provisions of this Paragraph shall not apply tooperations in such parish. Likewise, the properties comprising the Russell Sageseverance tax shall be the only tax on timber; Wildlife and Game Refuge.however, standing timber shall be liableequally with the land on which it stands for advalorem taxes levied on the land.

(C) Political Subdivisions; Prohibitions. Apolitical subdivision of the state shall not levya severance tax, income tax, inheritance tax,or tax on motor fuel.

(D) Severance Tax Allocation. One-third ofthe sulphur severance tax, but not to exceedone hundred thousand dollars; one-third ofthe lignite severance tax, but not to exceedone hundred thousand dollars; one-fifth of theseverance tax on all natural resources, otherthan sulphur, lignite, or timber, but not toexceed five hundred thousand dollars; andthree-fourths of the timber severance tax shallbe remitted to the governing authority of theparish in which severance or productionoccurs. Effective July 1, 1999, one-third of thesulphur severance tax, but not to exceed onehundred thousand dollars; one-third of thelignite severance tax, but not to exceed onehundred thousand dollars; one-fifth of theseverance tax on all natural resources, otherthan sulphur, lignite, or timber, but not toexceed seven hundred fifty thousand dollars;and three-fourths of the timber severance taxshall be remitted to the governing authority ofthe parish in which severance or productionoccurs.

(E) Royalties Allocation. One-tenth of theroyalties from mineral leases on state-ownedland, lake and river beds and other waterbottoms belonging to the state or the title towhich is in the public for mineral developmentshall be remitted to the governing authority ofthe parish in which severance or productionoccurs. A parish governing authority may fundthese royalties into general obligation bondsof the parish in accordance with law. The

§5. Motor Vehicle License Tax

Section 5. The legislature shall impose anannual license tax of not more than one dollarper each one thousand dollars of actual valueon automobiles for private use based on theactual value of the vehicle, as provided bylaw. However, the annual license tax shall notbe less than ten dollars per automobile forprivate use. On other motor vehicles, thelegislature shall impose an annual license taxbased upon carrying capacity, horsepower,value, weight, or any of these. After satisfyingthe requirements of Section 9(B) of thisArticle, and after satisfying pledges respectingthat portion of the revenues attributable to thetax rates in effect at the time of such pledgesfor the payment of obligations for bonds orother evidences of indebtedness and uponthe creation of a Transportation Trust Fundwithin this constitution, the revenues from thelicense tax on automobiles for private useshall be deposited therein. In the event nosuch trust fund is established in thisconstitution, the revenues shall be usedexclusively and solely as provided by law forthe construction, maintenance, and safety ofthe federal and state system of roads andbridges, for the parish and municipal roadsystems, for the operations of the office ofstate police, Department of Public Safety andCorrections or its successor, and for thepayment of any obligation for bonds issued orindebtedness incurred in connection with anyof the foregoing, which bonds may be issuedas revenue bonds under Article VII, Section6(C) of this constitution, subject to existingpledges only as to that portion of the taxcollections attributable to the rates in effect atthe time of such pledges for the payment ofany obligations for bonds or other evidencesof indebtness outstanding on the effective


date of this Section. No parish or municipality and credit of the state is not hereby pledgedmay impose a license fee on motor vehicles. to the repayment of bonds of a levee district,

§6. State Debt; Full Faith and CreditObligations

Section 6. (A) Authorization. Unlessotherwise authorized by this constitution, thestate shall have no power, directly orindirectly, or through any state board, agency,commission, or otherwise, to incur debt orissue bonds except by law enacted bytwo-thirds of the elected members of eachhouse of the legislature. The debt may beincurred or the bonds issued only if the fundsare to be used to repel invasion; suppressinsurrection; provide relief from naturalcatastrophes; refund outstandingindebtedness at the same or a lower effectiveinterest rate; or make capital improvements,but only in accordance with a comprehensivecapital budget, which the legislature shalladopt.

(B) Capital Improvements. (1) If thepurpose is to make capital improvements, thenature and location and, if more than oneproject, the amount allocated to each and theorder of priority shall be stated in thecomprehensive capital budget which thelegislature adopts.

(2) The estimated amount of debt serviceto be paid for capital improvements for thenext fiscal year shall be stated as a separateitem and by budget unit in the budget estimaterequired to be submitted by the governor inaccordance with Section 11 of this Article.

(C) Full Faith and Credit. The full faith andcredit of the state shall be pledged to therepayment of all bonds or other evidences ofindebtedness issued by the state directly orthrough any state board, agency, orcommission pursuant to the provisions ofParagraphs (A) and (B) hereof. The full faith

political subdivision, or local public agency. Inaddition, any state board, agency, orcommission authorized by law to issue bonds,in the manner so authorized and with theapproval of the State Bond Commission or itssuccessor, may issue bonds which arepayable from fees, rates, rentals, tolls,charges, grants, or other receipts or incomederived by or in connection with anundertaking, facility, project, or anycombination thereof, without a pledge of thefull faith and credit of the state. Such revenuebonds may, but are not required to, be issuedin accordance with the provisions ofParagraphs (A) and (B) hereof. If issued otherthan as provided in Paragraphs (A) and (B),such revenue bonds shall not carry the pledgeof the full faith and credit of the state and theissuance of the bonds shall not constitute theincurring of state debt under this constitution.The rights granted to deep-water portcommissions or deep-water port, harbor, andterminal districts under this constitution shallnot be impaired by this Section.

(D) Referendum. The legislature, by lawenacted by two-thirds of the elected membersof each house, may propose a statewidepublic referendum to authorize incurrence ofdebt for any purpose for which the legislatureis not herein authorized to incur debt.

(E) Exception. Nothing in this Section shallapply to any levee district, politicalsubdivision, or local public agency unless thefull faith and credit of the state is pledged tothe payment of the bonds of the levee district,political subdivision, or local public agency.

(F) Limitation. (1) The legislature shallprovide for the determination of a limit to theamount of net state tax supported debt whichmay be issued by the state in any fiscal year.Net state tax supported debt shall be defined


by law. When enacted, such definition shall only as long as there are bonds outstandingnot be changed except by specific legislative for the projects.instrument which receives a favorable vote oftwo-thirds of the elected members of each (3) Except as provided in Subparagraphhouse of the legislature. The limitation shall (2) of this Paragraph, the State Bondbe established so that by Fiscal Year Commission shall not approve the issuance of2003-2004 and thereafter the amount any net state tax supported debt, the debtnecessary to service outstanding net state tax service requirement of which would cause thesupported debt shall not exceed six percent of limit herein established to be exceeded. the estimate of money to be received by thestate general fund and dedicated fundscontained in the official forecast adopted bythe Revenue Estimating Conference at its firstmeeting after the beginning of each fiscal yearand any other money required to be includedin the estimate by this Paragraph. In makingsuch estimate, the conference shall include allamounts which are to be used to service netstate tax supported debt. For purposes of thisParagraph, servicing outstanding net state taxsupported debt includes payments ofprincipal, interest, and sinking fundrequirements. The limitation establishedpursuant to this Paragraph shall not beconstrued to prevent the payment of debtservice on net state tax supported debt.

(2) The limitation established pursuant tothis Paragraph may be changed by passageof a specific legislative instrument by afavorable vote of two-thirds of the electedmembers of each house of the legislature.The limitation may be exceeded by passageof a specific legislative instrument for a projector related projects by a favorable vote oftwo-thirds of the elected members of eachhouse of the legislature, provided that anydebt service payment required for suchprojects shall, once bonds have been issuedin connection therewith, not be impaired inany future year by application of thislimitation. The limitation established pursuantto this Subparagraph shall be deemed to beincreased as necessary to accommodate anyprojects approved to exceed this limit ifapproved as provided in this Paragraph, but

§7. State Debt; Interim Emergency Board

Section 7. (A) Composition. The InterimEmergency Board is created. It shall becomposed of the governor, lieutenantgovernor, state treasurer, presiding officer ofeach house of the legislature, chairman of theSenate Finance Committee, and chairman ofthe House Appropriations Committee, or theirdesignees.

(B) Powers. Between sessions of thelegislature, when the board by majority votedetermines that an emergency or impendingflood emergency exists, it may appropriatefrom the state general fund or borrow on thefull faith and credit of the state an amount tomeet the emergency. The appropriation maybe made or the indebtedness incurred only fora purpose for which the legislature mayappropriate funds and then only after theboard obtains, as provided by law, the writtenconsent of two-thirds of the elected membersof each house of the legislature. For thepurposes of this Paragraph, an emergency isan event or occurrence not reasonablyanticipated by the legislature and animpending flood emergency shall be ananticipated situation which endangers anexisting flood protection structure. Theappropriation or indebtedness incurred for animpending flood emergency shall not exceedtwo hundred fifty thousand dollars for any oneevent or occurrence. For an impendingemergency to qualify for funding it must bedetermined as such by the United States


Army Corp of Engineers or the United States and the security therefor. Within thirty daysCoast Guard. Total funding for such after the publication, any person in interestimpending emergencies shall not exceed may contest the legality of the resolution, anytwenty-five percent of the funds annually provision of the bonds to be issued pursuantavailable to the Interim Emergency Board. to it, the provisions securing the bonds, and

(C) Limits. The aggregate of indebtedness proceedings relating to the authorization andoutstanding at any one time and the amount issuance of the bonds. If no action orappropriated from the state general fund for proceeding is instituted within the thirty days,the current fiscal year under the authority of no person may contest the validity of thethis Section shall not exceed one-tenth of one bonds, the provisions of the resolutionpercent of total state revenue receipts for the pursuant to which the bonds were issued, theprevious fiscal year. security of the bonds, or the validity of any

(D) Allocation. An amount sufficient to pay their authorization and issuance, and theindebtedness incurred during the preceding bonds shall be presumed conclusively to befiscal year under the authority of this Section legal. Thereafter no court shall have authorityis allocated, as a first priority, each year from to inquire into such matters. the state general fund.

§8. State Bond Commission

Section 8. (A) Creation. The State BondCommission is created. Its membership andauthority shall be determined by law.

(B) Approval of Bonds. No bonds or otherobligations shall be issued or sold by thestate, directly or through any state board,agency, or commission, or by any politicalsubdivision of the state, unless prior writtenapproval of the bond commission is obtained.

(C) Contesting State Bonds. Bonds, notes,certificates, or other evidences ofindebtedness of the state (hereafter referredto as "bonds") shall not be invalid because ofany irregularity or defect in the proceedings orin the issuance and sale thereof and shall beincontestable in the hands of a bona fidepurchaser or holder. The issuing agency, afterauthorizing the issuance of bonds byresolution, shall publish once in the officialjournal of the state, as provided by law, anotice of intention to issue the bonds. Thenotice shall include a description of the bonds

the validity of all other provisions and

other provisions or proceedings relating to


§9. State Funds

Section 9. (A) Deposit in State Treasury.All money received by the state or by anystate board, agency, or commission shall bedeposited immediately upon receipt in thestate treasury, except that received:

(1) as a result of grants or donations orother forms of assistance when the terms andconditions thereof or of agreements pertainingthereto require otherwise;

(2) by trade or professional associations;

(3) by the employment securityadministration fund or its successor;

(4) by retirement system funds;

(5) by state agencies operating underauthority of this constitution preponderantlyfrom fees and charges for the shipment ofgoods in international maritime trade andcommerce; and

(6) by a state board, agency, orcommission, but pledged by it in connectionwith the issuance of revenue bonds asprovided in Paragraph (C) of Section 6 of thisArticle, other than any surplus as may bedefined in the law authorizing such revenuebonds.

(B) Bond Security and Redemption Fund.Subject to contractual obligations existing onthe effective date of this constitution, all statemoney deposited in the state treasury shall becredited to a special fund designated as theBond Security and Redemption Fund, exceptmoney received as the result of grants ordonations or other forms of assistance whenthe terms and conditions thereof or ofagreements pertaining thereto requireotherwise. In each fiscal year an amount isallocated from the bond security and

redemption fund sufficient to pay allobligations which are secured by the full faithand credit of the state and which become dueand payable within the current fiscal year,including principal, interest, premiums, sinkingor reserve fund, and other requirements.Thereafter, except as otherwise provided bylaw, money remaining in the fund shall becredited to the state general fund.

(C) Exception. Nothing in this Section shallapply to a levee district or political subdivisionunless the full faith and credit of the state ispledged to the payment of the bonds of thelevee district or political subdivision.


§10. Expenditure of State Funds

Section 10. (A) Revenue EstimatingConference. The Revenue EstimatingConference shall be composed of fourmembers: the governor, or his designee, thepresident of the senate, or his designee, thespeaker of the house or his designee, and afaculty member of a university or college inLouisiana who has expertise in forecastingrevenues. Changes to the membershipbeyond the four members shall be made bylaw enacted by a favorable vote of two-thirdsof the elected members of each house.

(B) Official Forecast. The conference shallprepare and publish initial and revisedestimates of money to be received by thestate general fund and dedicated funds for thecurrent and next fiscal years which areavailable for appropriation. In each estimate,the conference shall designate the money inthe estimate which is recurring and which isnonrecurring. All conference decisions toadopt these estimates shall be by unanimousvote of its members. Changes to theunanimous vote requirement shall be made bylaw enacted by a favorable vote of two-thirdsof the elected members of each house. Themost recently adopted estimate of moneyavailable for appropriation shall be the officialforecast.

(C) Expenditure Limit. (1) The legislatureshall provide for the determination of anexpenditure limit for each fiscal year to beestablished during the first quarter of thecalendar year for the next fiscal year.However, the expenditure limit for the1991-1992 Fiscal Year shall be the actualappropriations from the state general fundand dedicated funds for that year exceptfunds allocated by Article VII, Section 4,Paragraphs (D) and (E). For subsequent fiscalyears, the limit shall not exceed theexpenditure limit for the current fiscal year

plus an amount equal to that limit times apositive growth factor. The growth factor is theaverage annual percentage rate of change ofpersonal income for Louisiana as defined andreported by the United States Department ofCommerce for the three calendar years priorto the fiscal year for which the limit iscalculated.

(2) The expenditure limit may be changedin any fiscal year by a favorable vote oftwo-thirds of the elected members of eachhouse. Any such change in the expenditurelimit shall be approved by passage of aspecific legislative instrument which clearlystates the intent to change the limit.

(3) Beginning with the 1995-1996 FiscalYear, the expenditure limit shall bedetermined in accordance with the provisionsof Paragraph (J) of this Section. Theredetermination of the expenditure limit foreach fiscal year from the 1991-1992 FiscalYear through the 1994-1995 Fiscal Year shallonly be used in computing the expenditurelimit for the 1995-1996 Fiscal Year and shallnot affect the expenditure limit alreadycomputed in accordance with this Paragraphfor such fiscal years.

(4) The provisions of this Paragraph shallnot apply to or affect funds allocated by ArticleVII, Section 4, Paragraphs (D) and (E).

(D) Appropriations. (1) Except asotherwise provided by this constitution, moneyshall be drawn from the state treasury onlypursuant to an appropriation made inaccordance with law. Appropriations from thestate general fund and dedicated funds exceptfunds allocated by Article VII, Section 4,Paragraphs (D) and (E) shall not exceed theexpenditure limit for the fiscal year.

(2) Except as otherwise provided in thisconstitution, the appropriation or allocation of


any money designated in the official forecast the projected deficit, the governor shall call aas nonrecurring shall be made only for the special session of the legislature for thisfollowing purposes: purpose unless the legislature is in regular

(a) Retiring or for the defeasance of bonds as soon as possible as allowed by thein advance or in addition to the existing provisions of this constitution, including butamortization requirements of the state. not limited to Article III, Section 2(B).

(b) Providing for payments against the (G) Year End Deficit. If a deficit exists inunfunded accrued liability of the public any fund at the end of a fiscal year, that deficitretirement systems which are in addition to shall be eliminated no later than the end ofany payments required for the annual the next fiscal year. amortization of the unfunded accrued liabilityof the public retirement systems, as required (H) Publication. The legislature shall haveby Article X, Section 29(E)(2)(c) of this published a regular statement of receipts andconstitution; however, any such payments to expenditures of all state money at intervals ofthe public retirement systems shall not be not more than one year.used, directly or indirectly, to fund cost-of-living increases for such systems. (I) Public Purpose. No appropriation shall

(c) Providing funding for capital outlayprojects in the comprehensive state capital (J) Definition of Funds. For the purposesbudget. of this Article, the state general fund and

(d) Providing for allocation or appropriation be deposited in the state treasury, except thatfor deposit into the Budget Stabilization Fund money the origin of which is: established in Article VII, Section 10.3 of thisconstitution. (1) The federal government.

(E) Balanced Budget. Appropriations by (2) Self-generated collections by any entitythe legislature from the state general fund and subject to the policy and managementdedicated funds for any fiscal year except authority established by Article VIII, Sectionsfunds allocated by Article VII, Section 4, 5 through 7. Paragraphs (D) and (E) shall not exceed theofficial forecast in effect at the time the (3) A transfer from another state agency,appropriations are made. board, or commission.

(F) Projected Deficit. The legislature by (4) The provisions of this Paragraph shalllaw shall establish a procedure to determine if not apply to or affect funds allocated by Articleappropriations will exceed the official forecast VII, Section 4, Paragraphs (D) and (E). and an adequate method for adjustingappropriations in order to eliminate aprojected deficit. If within thirty days of thedetermination that appropriations will exceedthe official forecast the necessary adjustmentsin appropriations are not made to eliminate

session. This special session shall commence

be made except for a public purpose.

dedicated funds shall be all money required to

§10-A. Wildlife and Fisheries;Conservation Fund

Section 10-A. (A) Conservation Fund.Effective July 1, 1988, there shall be


established in the state treasury, as a special shall be appropriated by the legislature to thefund, the Louisiana Wildlife and Fisheries Department of Wildlife and Fisheries, or itsConservation Fund, hereinafter referred to as successor, and shall be used solely for thethe Conservation Fund. Out of the funds programs and purposes of conservation,remaining in the Bond Security and protection, preservation, management, andRedemption Fund after a sufficient amount is replenishment of the state's natural resourcesallocated from that fund to pay all obligations and wildlife, including use for land acquisitionsecured by the full faith and credit of the state or for federal matching fund programs whichwhich become due and payable within any promote such purposes, and for the operationfiscal year as required by Article VII, Section and administration of the Department and the9(B) of this constitution, the treasurer shall Wildlife and Fisheries Commission, or theirpay into the Conservation Fund all of the successors. following, except as provided in Article VII,Section 9(A), and except for the amount C. All unexpended and unencumberedprovided in R.S. 56:10(B)(1)(a) as that monies in the Conservation Fund at the end ofprovision existed on the effective date of this the fiscal year shall remain in the fund. TheSection: monies in the fund shall be invested by the

(1) All revenue from the types and classes interest earned on monies invested by theof fees, licenses, permits, royalties, or other treasurer shall be deposited in the fund. Therevenue paid into the Conservation Fund as treasurer shall prepare and submit to theprovided by law on the effective date of this department on a quarterly basis a printedSection. Such revenue shall be deposited in report showing the amount of moneythe Conservation Fund even if the names of contained in the fund from all sources. such fees, licenses, permits, or otherrevenues are changed.

Any increase in the amount charged forsuch fees, licenses, permits, royalties, andother revenue, or any new fee, license,permit, royalty, or other revenue, enacted bythe legislature after the effective date of thisSection, shall be irrevocably dedicated anddeposited in the Conservation Fund unlessthe legislture enacts a law specificallyappropriating or dedicating such revenue toanother fund or purpose.

(2) The balance remaining on June 30,1988 in the Conservation Fund establishedpursuant to R.S. 56:10.

(3) All funds or revenues which may bedonated expressly to the Conservation Fund.

B. The monies in the Conservation Fund

treasurer in the manner provided by law. All

§10.1. Quality Trust Fund; Education

Section 10.1. (A) Louisiana EducationQuality Trust Fund. (1) Effective January 1,1987, there shall be established in the statetreasury as a special permanent trust fund theLouisiana Education Quality Trust Fund,hereinafter referred to as the "PermanentTrust Fund." After allocation of money to theBond Security and Redemption Fund asprovided in Article VII, Section 9(B) of thisconstitution, and notwithstanding Article XIV,Section 10 of this constitution, the treasurershall deposit in and credit to the PermanentTrust Fund all money which is received afterthe first one hundred million dollars from thefederal government under Section 1337(g) ofTitle 43 of the United States Code which isattributable to mineral production activity orleasing activity on the Outer Continental Shelfwhich has been held in escrow pending a


settlement between the United States and the the constitution, seventy-five percent of thestate of Louisiana; twenty-five percent of the recurring revenues received under Sectionrecurring revenues received under Section 1337(g) of Title 43 of the United States Code1337(g) of Title 43 of the United States Code which are attributable to mineral productionwhich are attributable to mineral production activity or leasing activity, and the percentactivity or leasing activity on the Outer remaining of the realized capital gains andContinental Shelf; twenty-five percent of the interest income and dividend income earnedinterest income earned on investment of on investment of the Permanent Trust Fundmonies in the Permanent Trust Fund; seventy- after the deposit required to the Permanentfive percent of the realized capital gains on Trust Fund in Paragraph A(1) of this Sectioninvestment of the Permanent Trust Fund, shall be deposited and credited to a specialunless such percentage is changed by law fund which is hereby created in the stateenacted by two-thirds of the elected members treasury and which shall be known as theof each house of the legislature; and twenty- Louisiana Quality Education Support Fund,five percent of the dividend income earned on hereinafter referred to as the "Support Fund".investment of the Permanent Trust Fund. Noappropriation shall be made from the (3) All recurring revenues and interestPermanent Trust Fund. If any such money has earnings shall be credited to the respectivebeen received prior to the effective date of funds as provided in Subparagraphs (1) andthis Section, the treasurer shall transfer from (2) above until the balance in the Permanentthe state general fund to the Permanent Trust Trust Fund equals two billion dollars. After theFund on the effective date of this Section an Permanent Trust Fund reaches a balance ofamount of money which shall make the two billion dollars, all interest earnings on thePermanent Trust Fund balance equal to the Permanent Trust Fund shall be credited to theamount of such money previously received, Support Fund and all recurring revenues shallexcept for the first one hundred million dollars. be credited to the State General Fund.After six hundred million dollars has beencredited to the Permanent Trust Fund, the (B) Investment. The money credited to thesum of fifty million dollars shall be credited to Permanent Trust Fund pursuant to Paragraphthe Coastal Environment Protection Trust (A) of this Section shall be permanentlyFund, as established in R.S. 30:313, from credited to the Permanent Trust Fund andthose monies received from the federal shall be invested by the treasurer.government under Section 1337(g) of Title 43 Notwithstanding any provision of thisof the United States Code which is constitution or other law to the contrary, aattributable to mineral production activity or portion of money in the Permanent Trustleasing activity on the Outer Continental Shelf Fund, not to exceed thirty-five percent, mayand which has been held in escrow pending a be invested in stock. The legislature shallsettlement between the United States and the provide for procedures for the investment ofstate of Louisiana; all funds in excess of such monies by law. The treasurer shallseven hundred fifty million dollars shall be contract, subject to the approval of the Statecredited to the Permanent Trust Fund. Bond Commission, for the management of

(2) After allocation of money to the Bond Support Fund shall be available forSecurity and Redemption Fund as provided in appropriation to pay expenses incurred in theArticle VII, Section 9(B) of the constitution, investment and management of theand notwithstanding Article XIV, Section 10 of Permanent Trust Fund and for educational

such investments. The amounts in the


purposes only as provided in Paragraphs (C) elementary and secondary education,and (D) of this Section. including implementing the Minimum

(C) Reports; Allocation. (1) The State supplant funding for higher education. ForBoard of Elementary and Secondary elementary and secondary education and forEducation and the Board of Regents shall higher education, this Paragraph shall meanannually submit to the legislature and the that no appropriation for any fiscal year fromgovernor not less than sixty days prior to the the Support Fund shall be made for anybeginning of each regular session of the purpose for which a general fundlegislature a proposed program and budget appropriation was made in the previous yearfor the expenditure of the monies in the unless the total appropriations for that fiscalSupport Fund. Proposals for such year from the state general fund for suchexpenditures shall be designed to improve the purpose exceed general fund appropriationsquality of education and shall specifically for the previous year. This Paragraph shall indesignate those monies to be used for no way limit general fund appropriations inadministrative costs, as defined and excess of the minimum amounts hereinauthorized by law. established.

(2) Except for appropriations to pay (D) Disbursement; higher education andexpenses incurred in the investment and elementary and secondary education.management of the Permanent Trust Fund,the legislature shall appropriate from the (1) The treasurer shall disburse not moreSupport Fund only for educational purposes than fifty percent of the monies in the Supportprovided in Paragraph (D) of this Section and Fund as that money is appropriated by theshall appropriate fifty percent of the available legislature and allocated by the Board offunds for higher educational purposes and Regents for any or all of the following higherfifty percent for elementary and secondary educational purposes to enhance economiceducational purposes. Those monies to be development: used for administrative costs shall beexpended for such purposes only if so (a) The carefully defined research effortsapproved and appropriated by the legislature. of public and private universities in Louisiana.

(3) The legislature shall appropriate the (b) The endowment of chairs for eminienttotal amount intended for higher educational scholars. purposes to the Board of Regents and thetotal amount intended for elementary and (c) The enhancement of the quality ofsecondary educational purposes to the State academic, research or agriculturalBoard of Elementary and Secondary departments or units within a communityEducation which boards shall allocate the college, colege, or university. These fundsmonies so appropriated to the programs as shall not be used for athletic purposes orpreviously approved by the legislature. programs.

(4) The monies appropriated by the (d) The recruitment of superior graduatelegislature and disbursed from the Support students.Fund shall not displace, replace, or supplantappropriations from the general fund for (2) The treasurer shall disburse not more

Foundation Program, or displace, replace, or


than fifty percent of the monies in the Support of revenues for the development andFund as that money is appropriated by the implementation of a program to conserve andlegislature and allocated by the State Board of restore Louisiana's vegetated wetlands. Elementary and Secondary Education for anyor all of the following elementary and Of revenues received in each fiscal yearsecondary educational purposes: by the state as a result of the production of or

(a) To provide compensation to city or to as mineral revenues from severance taxes,parish school board professional instructional royalty payments, bonus payments, or rentals,employees. and excluding such revenues received by the

(b) To insure an adequate supply of the terms or conditions thereof requiresuperior textbooks, library books, equipment, otherwise, the treasurer shall make theand other instructional materials. following allocations:

(c) To fund exemplary programs in (1) To the Bond Security and Redemptionelementary and secondary schools designed Fund as provided in Article VII, Section 9(B)to improve elementary or secondary student of this constitution. academic achievement or vocational-technicalskill. (2) To the political subdivisions of the state

(d) To fund carefully defined research (E) of this constitution. efforts, including pilot programs, designed toimprove elementary and secondary student (3) As provided by the requirements ofacademic achievement. Article VII, Sections 10-A and 10.1 of this

(e) To fund school remediation programsand preschool programs. (B)(1) After making the allocations

(f) To fund the teaching of foreign shall then deposit in and credit to thelanguages in elementary and secondary Wetlands Conservation and Restoration Fundschools. any amount of mineral revenues that may be

(g) To fund an adequate supply of dollars is deposited into such fund for theteachers by providing scholarships or fiscal year from this source; provided that thestipends to prospective teachers in academic balance of the fund which consists of mineralor vocational-technical areas where there is a revenues from severance taxes, royaltycritical teacher shortage. payments, bonus payments, or rentals shall

§10.2. Wetlands Conservation andRestoration Fund

Section 10.2 (A) Effective July 1, 1990,there shall be established in the state treasurythe Wetlands Conservation and RestorationFund to provide a dedicated, recurring source

exploration for minerals, hereinafter referred

state as a result of grants or donations when

as provided in Article VII, Sections 4(D) and

constitution.

provided for in Paragraph (A), the treasurer

necessary to insure that a total of five million

not exceed forty million dollars.

(2) After making the allocations anddeposits provided for in Paragraphs (A) and(B)(1) of this Section, the treasurer shalldeposit in and credit to the WetlandsConservation and Restoration Fund asfollows:


(a) Ten million dollars of the mineral Stabilization Fund hereinafter referred to asrevenues in excess of six hundred million the fund. Money shall be deposited in the funddollars which remain after the allocations as follows:provided for in Paragraph (A) are made by thetreasurer. (1) All money available for appropriation

(b) Ten million dollars of the mineral funds in excess of the expenditure limit,revenues in excess of six hundred fifty million except funds allocated by Article VII, Sectiondollars which remain after the allocations 4, Paragraphs (D) and (E), shall be depositedprovided in Paragraph (A) are made by the in the fund.treasurer.

However, the balance of the fund which year by the state in excess of seven hundredconsists of mineral revenues from severance fifty million dollars, hereinafter referred to astaxes, royalty payments, bonus payments, or the base, as a result of the production of orrentals shall not exceed forty million dollars. exploration for minerals, hereinafter referred

(C) The money in the fund shall be taxes, royalty payments, bonus payments, orinvested as provided by law and any earnings rentals, and excluding such revenuesrealized on investment of money in the fund received by the state as a result of grants orshall be deposited in and credited to the fund. donations when the terms or conditionsMoney from other sources, such as donations, thereof require otherwise and revenuesappropriations, or dedications, may be derived from any tax on the transportation ofdeposited in and credited to the fund; minerals, shall be deposited in the fund afterhowever, the balance of the fund which the following allocations of said mineralconsists of mineral revenues from severance revenues have been made:taxes, royalty payments, bonus payments, orrentals shall not exceed forty million dollars. (i) To the Bond Security and RedemptionAny unexpended money remaining in the fund Fund as provided by Article VII, Section 9 (B)at the end of the fiscal year shall be retained of this constitution.in the fund.

(D) The money in the fund may be as provided in Article VII, Sections 4 (D) andappropriated for purposes consistent with the (E) of this constitution.Wetlands Conservation and Restoration Plandeveloped by the Wetlands Conservation and (iii) As provided by the requirements ofRestoration Authority, or it successor. Article VII, Section 10-A and 10.1 of this

No appropriation shall be made from thefund inconsistent with the purposes of the (b) The base may be increased every tenplan. years beginning in the year 2000 by a law

§10.3. Budget Stabilization Fund

Section 10.3.(A) There is herebyestablished in the state treasury a Budget

from the state general fund and dedicated

(2)(a) All revenues received in each fiscal

to as mineral revenues, including severance

(ii) To the political subdivisions of the state

constitution.

enacted by two-thirds of the elected membersof each house of the legislature. Any suchincrease shall not exceed fifty percent in theaggregate of the increase in the consumerprice index for the immediately preceding ten


years. be appropriated after the consent of two-thirds

(3) Twenty-five percent of any money legislature. Between sessions of thedesignated in the official forecast as legislature the appropriation may be madenonrecurring as provided in Article VII, only after the written consent of two-thirds ofSection 10(D)(2) of this constitution shall be the elected members of each house of thedeposited in and credited to the fund. legislature.

(4) Any money appropriated to the fund by (3) In no event shall the amount includedthe legislature including any appropriation to in the official forecast for the next fiscal yearthe fund from money designated in the official plus the amount appropriated in the currentforecast as provided in Article VII, Section fiscal year exceed one-third of the fund10(D)(2) of this constitution shall be deposited balance at the beginning of the current fiscalin the fund. year.

(B) Money in the fund shall be invested as (4) No appropriation or deposit to the fundprovided by law. Earnings realized in each shall be made if such appropriation or depositfiscal year on the investment of monies in the would cause the balance in the fund tofund shall be deposited to the credit of the exceed four percent of total state revenuefund. All unexpended and unencumbered receipts for the previous fiscal year.monies in the fund at the end of the fiscal yearshall remain in the fund.

(C) The money in the fund shall not beavailable for appropriation or use exceptunder the following conditions:

(1) If the official forecast of recurringmoney for the next fiscal year is less than theofficial forecast of recurring money for thecurrent fiscal year, the difference, not toexceed one-third of the fund shall beincorporated into the next year's officialforecast only after the consent of two-thirds ofthe elected members of each house of thelegislature. If the legislature is not in session,the two-thirds requirement may be satisfiedupon obtaining the written consent oftwo-thirds of the elected members of eachhouse of the legislature in a manner providedby law.

(2) If a deficit for the current fiscal year isprojected due to a decrease in the officialforecast, an amount equal to one-third of thefund not to exceed the projected deficit may

of the elected members of each house of the

§10.4. Higher Education LouisianaPartnership Fund; Program

Section 10.4. (A) Higher EducationLouisiana Partnership Fund. (1) There ishereby established a special fund in the statetreasury to be known as the Higher EducationLouisiana Partnership Fund, hereinafterreferred to as the "fund", consisting of moniesappropriated annually by the legislature,grants, gifts, and donations received by thestate for the purposes of this Section, andother revenues as may be provided by law;provided that no such monies shall come fromthe allocations provided in Article VII, Section4, Paragraphs (D) and (E) of this Constitution.

(2) All unexpended and unencumberedmonies in the Higher Education LouisianaPartnership Fund at the end of a fiscal yearshall remain in such fund and be available forappropriation in the next fiscal year. Themonies in the fund shall be invested by thestate treasurer in accordance with state law,and interest earned on the investment of


these monies shall be credited to the fund, have been appropriated to the fund butafter compliance with the requirements of remain on March first of any fiscal yearArticle VII, Section 9(B) of the Constitution of unallocated to any matching grant, then anyLouisiana, relative to the Bond Security and participating institution of higher educationRedemption Fund. which has raised the required funds from

(B) Higher Education Louisiana the number of additional matching grants forPartnership Program. (1) Upon appropriation which unallocated funding is available andby the legislature, the monies in the fund shall which the institution is able to match.be divided into matching grants for the Higher Provided however, that no participatingEducation Louisiana Partnership Program institution shall receive more than fifty percentwhich shall be administered by the Board of of available funds in any fiscal year. Regents. The Board of Regents may allocateprogram funds to each public or independent (d) However, the share of the programinstitution of higher education on a one to one funds received annually by independentand one-half matching basis or one twenty institutions of higher education shall notthousand dollar state matching grant for each exceed fifteen percent in the aggregate of thethirty thousand dollars raised specifically for total amount of program funds available forthe purposes of participation in the Higher matching grants under this program. Education Louisiana Partnership Program bythe institutions of higher education from (3) State matching funds shall be appliedprivate sources. The state matching portion only to private source funds contributed aftershall be allocated by the Board of Regents July 1, 1991, and pledged for the purposes ofonly after it determines that an eligible this Section as certified by the Board ofinstitution has accumulated not less than the Regents. Pledged contributions shall not beminimum required amount from private eligible for state matching funds prior to theirsources for the purposes of the Higher actual collection. Education Louisiana Partnership Program.

(2)(a) No public institution of higher may establish its own Higher Educationeducation shall be eligible in any given fiscal Louisiana Partnership program fund as ayear to receive a share of program funds depository for private contributions and statewhich is greater than that institution's matching funds as provided herein. The stateproportion of the full-time equivalent number matching funds allocated by the Board ofof students enrolled in public higher education Regents shall be transferred to an institutionin the state. upon notification that the institution has

(b) No independent institution of higher contributions in its own Higher Educationeducation shall be eligible in any given fiscal Louisiana Partnership program fund. year to receive a share of program fundswhich is greater than that institution'sproportion of the full-time equivalent numberof students enrolled in independentinstitutions of higher education in the state.

(c) However, if there are monies which

private sources may apply for and be awarded

(4) Each institution of higher education

received and deposited the necessary private


(5) Each institution of higher education, (C) Implementation. The legislature shallunder the supervision and management of its provide for the implementation of this Section. board, shall have the responsibility for theadministration of the Higher EducationLouisiana Partnership program at thatinstitution and for maintenance andinvestment of its fund. The institution shall beresponsible for soliciting and receiving giftsfrom private sources to be used for thepurposes of this Section.

(6) State matching grants from fundsallocated for the Higher Education LouisianaPartnership program may be made for thepurposes of endowed professorships totalingone hundred thousand dollars or more;endowed undergraduate scholarships totalingfifty thousand dollars or more; libraryacquisitions, laboratory enhancement, orresearch and instructional equipmentacquisitions totaling fifty thousand dollars ormore; or facilities construction or renovationstotaling one hundred thousand dollars ormore.

(7) The monies appropriated by thelegislature and disbursed from the HigherEducation Louisiana Partnership Fund shallnot displace, replace, or supplantappropriations for higher education from thegeneral fund or from bond proceeds. Thisshall mean that no disbursement from thefund for a current fiscal year shall be made forany higher education purpose for which anappropriation was made the previous yearfrom the general fund or from bond proceedsunless the total appropriations for the currentfiscal year for higher education from the stategeneral fund or from bond proceeds exceedgeneral fund appropriations or bond proceedsappropriations for higher education for theprevious year. This requirement shall in noway limit appropriations from the general fundor from bond proceeds in excess of theminimum amounts herein established.

§10.5. Mineral Revenue Audit andSettlement Fund

Section 10.5.(A) There shall beestablished in the state treasury the MineralRevenue Audit and Settlement Fund,hereinafter referred to as the "fund". Ofrevenues received in each fiscal year by thestate through settlements or judgments whichequal, in both principal and interest, fivemillion dollars or more for each suchsettlement or judgment, resulting fromunderpayment to the state of severance taxes,royalty payments, bonus payments, or rentals,the treasurer shall make the followingallocations as required:

(1) To the Bond Security and RedemptionFund as provided in Article VII, Section 9(B)of this constitution.

(2) To the political subdivisions of the stateas provided in Article VII, Section 4(D) and (E)of this constitution.

(3) As provided by the requirements ofArticle VII, Sections 10-A, 10.1, 10.2, and 10.3of this constitution.

(B) After making the allocations providedfor in Paragraph (A), the treasurer shall thendeposit in and credit to the Mineral RevenueAudit and Settlement Fund any suchremaining revenues. Any revenues depositedin and credited to the fund shall beconsidered mineral revenues from severancetaxes, royalty payments, bonus payments, orrentals for purposes of determining depositsand credits to be made in and to the WetlandsConservation and Restoration Fund asprovided in Article VII, Section 10.2 of thisconstitution. Any revenues deposited in andcredited to the fund shall not be considered


mineral revenues for purposes of the the treasurer shall pay into the restorationRevenue Stabilization Mineral Trust Fund as fund all of the following:provided in Article VII, Section 10.3 of thisconstitution. Money in the fund shall be (1) All revenue from the types and classesinvested as provided by law. The earnings of fees, penalties, other revenues, orrealized in each fiscal year on the investment judgments associated with site cleanupof monies in the Mineral Revenue Audit and activities paid into the restoration fund asSettlement Fund shall be deposited in and provided by law on the effective date of thiscredited to the Mineral Revenue Audit and Section. Such revenue shall be deposited inSettlement Fund. the restoration fund even if the names of such

(C) The legislature may annually changed.appropriate monies in the Mineral RevenueAudit and Settlement Fund only for the Any increase in the amount charged forpurposes of retirement in advance of maturity such fees, penalties, other revenues, orthrough redemption, purchase, or repayment judgments associated with site cleanupof debt of the state or of the Louisiana activities enacted by the legislature after theRecovery District, or both, pursuant to a plan effective date of this Section, for the purposeproposed by the State Bond Commission to of orphaned oilfield site restoration shall bemaximize the savings to the state, or to irrevocably dedicated and deposited in theprovide for payments against the unfunded restoration fund.accrued liability of the public retirementsystems which are in addition to any (2) The balance remaining on January 4,payments required for the annual amortization 1996 in the Oilfield Site Restoration Fundof the unfunded accrued liability of the public established by law.retirement systems, required by Article X,Section 29 of this constitution; however, any (3) All funds or revenues which may besuch payment to the public retirement donated expressly to the restoration fund.systems shall not be used, directly orindirectly, to fund cost-of-living increases for (4) All site-specific trust account fundssuch systems. established by law.

§10.6. Oilfield Site Restoration Fund

Section 10.6.(A) Oilfield Site RestorationFund. Effective January 4, 1996, there shallbe established in the state treasury, as aspecial fund, the Oilfield Site RestorationFund, hereinafter referred to as therestoration fund. Out of the funds remaining inthe Bond Security and Redemption Fund aftera sufficient amount is allocated from that fundto pay all obligations secured by the full faithand credit of the state which become due andpayable within any fiscal year as required byArticle VII, Section 9(B) of this constitution,

fees, other revenues, or penalties are

B. The monies in the restoration fund shallbe appropriated by the legislature to theDepartment of Natural Resources, or itssuccessor, and shall be used solely for theprograms and purposes of oilfield siterestoration as required by law.

C. All unexpended and unencumberedmonies in the restoration fund at the end ofthe fiscal year shall remain in the fund. Themonies in the fund shall be invested by thetreasurer in the manner provided by law. Allinterest earned on monies invested by thetreasurer shall be deposited in the fund. The


treasurer shall prepare and submit to the purposes of abatement and containment ofdepartment on a quarterly basis a printed actual or threatened unauthorized dischargesreport showing the amount of money of oil after the effective date of this Section,contained in the fund from all sources. shall be irrevocably dedicated and deposited

D. The provisions of this Section shall notapply to or affect funds allocated by Article (2) The balance remaining on January 4,VII, Section 4, Paragraphs (D) and (E). 1996 in the Oil Spill Contingency Fund

§10.7. Oil Spill Contingency Fund

Section 10.7. (A) Oil Spill ContingencyFund. Effective January 4, 1996, there shallbe established in the state treasury, as aspecial fund, the Oil Spill Contingency Fund,hereinafter referred to as the contingencyfund. Out of the funds remaining in the BondSecurity and Redemption Fund after asufficient amount is allocated from that fund topay all obligations secured by the full faithand credit of the state which become due andpayable within any fiscal year as required byArticle VII, Section 9(B) of this constitution,the treasurer shall pay into the contingencyfund all of the following, on the effective dateof this Section:

(1) All revenue from the types and classesof fees, taxes, penalties, judgments,reimbursements, charges, and federal fundscollected or other revenue paid into thecontingency fund as provided by law on theeffective date of this Section. Such revenueshall be deposited in the contingency fundeven if the names of such fees, taxes,penalties, judgments, reimbursements,charges, and federal funds collected or otherrevenues are changed.

Any increase in the amount charged for Section 11. (A) Budget Estimate. Thesuch fees, taxes, penalties, judgments, governor shall submit to the legislature, at thereimbursements, charges, and federal funds time and in the form fixed by law, a budgetcollected or other revenue, or any new fees, estimate for the next fiscal year setting forthtaxes, penalties, judgments, reimbursements, all proposed state expenditures. This budgetcharges, and federal funds collected or other shall include a recommendation forrevenue enacted by the legislature for the appropriations from the state general fund

in the contingency fund.

established by law.

(3) All funds or revenues which may bedonated expressly to the contingency fund.

B. The monies in the contingency fundshall be appropriated by the legislature to beused solely for the programs and purposes ofabatement and containment of actual orthreatened unauthorized discharges of oil asprovided by law; and for administrativeexpenses associated with such programs andpurposes as provided by law.

C. All unexpended and unencumberedmonies in the contingency fund at the end ofthe fiscal year shall remain in the fund. Themonies in the fund shall be invested by thetreasurer in the manner provided by law. Allinterest earned on monies invested by thetreasurer shall be deposited in the fund. Thebalance of the fund shall not exceed thirtymillion dollars or otherwise as provided bylaw.

D. The provisions of this Section shall notapply to or affect funds allocated by ArticleVII, Section 4, Paragraphs (D) and (E).

§11. Budgets


and from dedicated funds, except funds request for implementation of the first year ofallocated by Article VII, Section 4, Paragraphs the program shall include a list of the(D) and (E), which shall not exceed the official proposed projects in priority order based onforecast of the Revenue Estimating the evaluation of the feasibility studiesConference and the expenditure limit for the submitted. Capital outlay projects approved byfiscal year. The recommendation shall also the legislature shall be made a part of thecomply with the provisions of Article VII, comprehensive state capital budget, whichSection 10(D). shall be adopted by the legislature.

(B) Operating Budget. The governor shallcause to be submitted a general appropriationbill for proposed ordinary operatingexpenditures which shall be in conformity withthe recommendations for appropriationscontained in the budget estimate. Thegovernor may cause to be submitted, a bill orbills to raise additional revenues withproposals for the use of these revenues.

(C) Capital Budget. The governor shallsubmit to the legislature, at each regularsession, a proposed five-year capital outlayprogram and request implementation of thefirst year of the program. Prior to inclusion inthe comprehensive capital budget which thelegislature adopts, each capital improvementproject shall be evaluated through a feasibilitystudy, as defined by the legislature, whichshall include an analysis of need andestimates of construction and operating costs.The legislature shall provide by law forprocedures, standards, and criteria for theevaluation of such feasibility studies and shallset the schedule of submission of suchfeasibility studies which shall take effect notlater than December thirty-first following thefirst regular session convening after thisParagraph takes effect. These procedures,standards, and criteria for evaluation of suchfeasibility studies cannot be changed oraltered except by a separate legislativeinstrument approved by a favorable vote oftwo-thirds of the elected members of eachhouse of the legislature. For those projectsnot eligible for funding under the provisions ofArticle VII, Section 27 of this constitution, the

§12. Reports and Records

Section 12. Reports and records of thecollection, expenditure, investment, and useof state money and those relating to stateobligations shall be matters of public record,except returns of taxpayers and matterspertaining to those returns.


§13. Investment of State Funds

Section 13. All money in the custody of thestate treasurer which is available forinvestment shall be invested as provided bylaw.

§14. Donation, Loan, or Pledge of PublicCredit

Section 14. (A) Prohibited Uses. Except asotherwise provided by this constitution, thefunds, credit, property, or things of value ofthe state or of any political subdivision shallnot be loaned, pledged, or donated to or forany person, association, or corporation, publicor private. Neither the state nor a politicalsubdivision shall subscribe to or purchase thestock of a corporation or association or forany private enterprise.

(B) Authorized Uses. Nothing in thisSection shall prevent (1) the use of publicfunds for programs of social welfare for theaid and support of the needy; (2) contributionsof public funds to pension and insuranceprograms for the benefit of public employees;(3) the pledge of public funds, credit, property,or things of value for public purposes withrespect to the issuance of bonds or otherevidences of indebtedness to meet publicobligations as provided by law; (4) the returnof property, including mineral rights, to aformer owner from whom the property hadpreviously been expropriated, or purchasedunder threat of expropriation, when thelegislature by law declares that the public andnecessary purpose which originally supportedthe expropriation has ceased to exist andorders the return of the property to the formerowner under such terms and conditions asspecified by the legislature; (5) acquisition ofstock by any institution of higher education inexchange for any intellectual property; (6) thedonation of abandoned or blighted housingproperty by the governing authority of a

municipality or a parish to a nonprofitorganization which is recognized by theInternal Revenue Service as a 501(c)(3) or501(c)(4) nonprofit organization and whichagrees to renovate and maintain suchproperty until conveyance of the property bysuch organization; (7) the deduction of anytax, interest, penalty, or other charges formingthe basis of tax liens on blighted property sothat they may be subordinated and waived infavor of any purchaser who is not a memberof the immediate family of the blightedproperty owner or which is not any entity inwhich the owner has a substantial economicinterest, but only in connection with a propertyrenovation plan approved by an administrativehearing officer appointed by the parish ormunicipal government where the property islocated; or (8) the deduction of past duetaxes, interest and penalties in favor of anowner of a blighted property, but only whenthe owner sells the property at less than theappraised value to facilitate the blightedproperty renovation plan approved by theparish or municipal government and only afterthe renovation is completed such deductionbeing cancelled, null and void, and to noeffect in the event ownership of the propertyin the future reverts back to the owner or anymember of his immediate family.

(C) Cooperative Endeavors. For a publicpurpose, the state and its politicalsubdivisions or political corporations mayengage in cooperative endeavors with eachother, with the United States or its agencies,or with any public or private association,corporation, or individual.

(D) Prior Obligations. Funds, credit,property, or things of value of the state or of apolitical subdivision heretofore loaned,pledged, dedicated, or granted by prior statelaw or authorized to be loaned, pledged,dedicated, or granted by the prior laws andconstitution of this state shall so remain for


the full term as provided by the prior laws andconstitution and for the full term as providedby any contract, unless the authorization isrevoked by law enacted by two-thirds of theelected members of each house of thelegislature prior to the vesting of anycontractual rights pursuant to this Section.

§15. Release of Obligations to State,Parish, or Municipality

Section 15. The legislature shall have nopower to release, extinguish, or authorize thereleasing or extinguishing of anyindebtedness, liability, or obligation of acorporation or individual to the state, a parish,or a municipality. However, the legislature, bylaw, may establish a system under whichclaims by the state or a political subdivisionmay be compromised, and may provide for therelease of heirs to confiscated property fromtaxes due thereon at the date of its reversionto them.

§16. Taxes; Prescription

Section 16. Taxes, except real propertytaxes, and licenses shall prescribe in threeyears after the thirty-first day of December inthe year in which they are due, butprescription may be interrupted or suspendedas provided by law.

§17. Legislation to Obtain Federal Aid

Section 17. The legislature may enact lawsto enable the state, its agencies, boards,commissions, and political subdivisions andtheir agencies to comply with federal laws andregulations in order to secure federalparticipation in funding capital improvementprojects.

PART II. PROPERTY TAXATION

§18. Ad Valorem Taxes

[Effective Date: Text of Paragraph Aeffective until January 1, 2000.]

Section 18. (A) Assessments. Propertysubject to ad valorem taxation shall be listedon the assessment rolls at its assessedvaluation, which, except as provided inParagraph (C), shall be a percentage of itsfair market value. The percentage of fairmarket value shall be uniform throughout thestate upon the same class of property.

[Effective Date: Text of Paragraph Aeffective on January 1, 2000.]

Section 18. (A) Assessments. Propertysubject to ad valorem taxation shall be listedon the assessment rolls at its assessedvaluation, which, except as provided inParagraphs (C) and (G), shall be apercentage of its fair market value. Thepercentage of fair market value shall beuniform throughout the state upon the sameclass of property.

(B) Classification. The classifications ofproperty subject to ad valorem taxation andthe percentage of fair market value applicableto each classification for the purpose ofdetermining assessed valuation are asfollows:

ClassificationsPercentages

1. Land 10%

2. Improvements for residential purposes 10%

3. Electric cooperative properties,excluding land 15%


4. Public service properties, effective on January 1, 2000.]excluding land 25%

5. Other property 15%

The legislature may enact laws defining property receiving the homestead exemptionelectric cooperative properties and public which is owned and occupied by any personservice properties. or persons sixty-five years of age or older and

(C) Use Value. Bona fide agricultural, Section shall not be increased above the totalhorticultural, marsh, and timber lands, as assessment of that property for the first yeardefined by general law, shall be assessed for that the owner qualifies for and receives thetax purposes at ten percent of use value special assessment level, unless the ownerrather than fair market value. The legislature fails to qualify for and receive the specialmay provide by law similarly for buildings of assessment level in a subsequent year. Suchhistoric architectural importance. property of an owner who has failed to qualify

(D) Valuation. Each assessor shall and who requalifies in a subsequent yeardetermine the fair market value of all property shall be assessed at the level at which it wassubject to taxation within his respective parish assessed for the most recent year the owneror district except public service properties, failed to receive the special assessment level. which shall be valued at fair market value bythe Louisiana Tax Commission or its (ii) Any person or persons shall besuccessor. Each assessor shall determine the prohibited from receiving the specialuse value of property which is to be so assessment as provided in this Section if suchassessed under the provisions of Paragraph person or persons' adjusted gross income, as(C). Fair market value and use value of reported in the federal tax return for the yearproperty shall be determined in accordance prior to the application for the specialwith criteria which shall be established by law assessment, exceeds fifty thousand dollars.and which shall apply uniformly throughout For persons applying for the specialthe state. assessment whose filing status is married

(E) Review. The correctness of for purposes of this Section shall beassessments by the assessor shall be subject determined by combining the adjusted grossto review first by the parish governing income on both federal tax returns. Beginningauthority, then by the Louisiana Tax for the tax year 2001, and for each tax yearCommission or its successor, and finally by thereafter, the fifty thousand dollar limit shallthe courts, all in accordance with procedures be adjusted annually by the Consumer Priceestablished by law. Index as reported by the United States

(F) Reappraisal. All property subject to receive the special assessment level shall betaxation shall be reappraised and valued in met annually by the person or personsaccordance with this Section, at intervals of receiving the special assessment level.not more than four years.

[Effective Date: Text of Paragraph G for the special assessment level by filing a

(G)(1) Special Assessment Level.

(a)(i) The assessment of residential

who meet all of the other requirements of this

for the special assessment level in one year

filing separately, the adjusted gross income

Government. The income requirement to

(iii) An eligible owner shall annually apply


signed application establishing that the ownerqualifies for the special assessment level withthe assessor of the parish or, in the parish ofOrleans, the assessor of the district where theproperty is located.

(b) Any millage rate applied to the specialassessment level shall not be subject to alimitation.

(2) The special assessment level shallremain on the property as long as:

(a) That owner, or that owner's survivingspouse who is fifty-five years of age or olderor who has minor children, remains eligible forand applies annually for the benefit of thespecial assessment level on that property.

(b) The value of the property does notincrease more than twenty-five percentbecause of construction or reconstruction.

(3) A new or subsequent owner of theproperty may claim a special assessmentlevel when eligible under this Section. Thenew owner is not necessarily entitled to thesame special assessment level on theproperty as when that property was owned bythe previous owner.

(4)(a) The special assessment level onproperty that is sold shall automatically expireon the last day of December in the year priorto the year that the property is sold. Theproperty shall be immediately revalued at fairmarket value by the assessor and shall beassessed by the assessor on the assessmentrolls in the year it was sold at the assessmentlevel provided for in Article VII, Section 18 ofthe Constitution of Louisiana.

(b) This new assessment level shallremain in effect until changed as provided bythis Section or this Constitution.

§19. State Property Taxation; RateLimitation

Section 19. State taxation on property forall purposes shall not exceed an annual rateof five and three-quarter mills on the dollar ofassessed valuation.

§20. Homestead Exemption

Section 20.(A) Homeowners. (1) The bonafide homestead, consisting of a tract of land ortwo or more tracts of land with a residence onone tract and a field, pasture, or garden onthe other tract or tracts, not exceeding onehundred sixty acres, buildings andappurtenances, whether rural or urban, ownedand occupied by any person, shall be exemptfrom state, parish, and special ad valoremtaxes to the extent of seven thousand fivehundred dollars of the assessed valuation.The same homestead exemption shall alsofully apply to the primary residence, includinga mobile home, which serves as a bona fidehome and which is owned and occupied byany person, regardless of whether thehomeowner owns the land upon which thehome or mobile home is sited; however, thishomestead exemption shall not apply to theland upon which such primary residence issited if the homeowner does not own the land.

(2) The homestead exemption shall extendto the surviving spouse or minor children of adeceased owner and shall apply when thehomestead is occupied as such and title to itis in either husband or wife but not to morethan one homestead owned by the husbandor wife.

(3) This exemption shall not extend tomunicipal taxes. However, the exemption shallapply (a) in Orleans Parish, to state, generalcity, school, levee, and levee district taxesand (b) to any municipal taxes levied forschool purposes.


(B) Residential Lessees. Notwithstanding longer be exempt from taxation;any contrary provision in this constitution, thelegislature may provide for tax relief to (2) Property of a bona fide laborresidential lessees in the form of credits or organization representing its members orrebates in order to provide equitable tax relief affiliates in collective bargaining efforts; and similar to that granted to homeowners throughhomestead exemptions. (3) Property of an organization such as a

§21. Other Property Exemptions

Section 21. In addition to the homesteadexemption provided for in Section 20 of thisArticle, the following property and no othershall be exempt from ad valorem taxation:

(A) Public lands; other public propertyused for public purposes.

(B) (1)(a) Property owned by a nonprofitcorporation or association organized andoperated exclusively for religious, dedicatedplaces of burial, charitable, health, welfare,fraternal, or educational purposes, no part ofthe net earnings of which inure to the benefitof any private shareholder or member thereofand which is declared to be exempt fromfederal or state income tax; and

(b) Property leased to such a nonprofitcorporation or association for use solely ashousing for homeless persons, as defined byregulation adopted by the tax commission orits successor provided that the term of suchlease shall be for at least five years, that as acondition of entering into the lease theproperty be in compliance with all applicablehealth and sanitation codes for use ashousing for homeless persons, that the leaseshall provide that compensation to be paid thelessor shall not exceed one dollar per year,and that such contract of lease shall recitethat the property shall be used exclusively forthe purpose of housing the homeless, andfurther provided that at such time as theproperty is no longer used solely as housingfor homeless persons, the property shall no

lodge or club organized for charitable andfraternal purposes and practicing the same,and property of a nonprofit corporationdevoted to promoting trade, travel, andcommerce, and also property of a trade,business, industry or professional society orassociation, if that property is owned by anonprofit corporation or association organizedunder the laws of this state for such purposes.

None of the property listed in Paragraph(B) shall be exempt if owned, operated,leased, or used for commercial purposesunrelated to the exempt purposes of thecorporation or association.

(C)(1) Cash on hand or deposit;

(2) Stocks and bonds, except bank stocks,the tax on which shall be paid by the bankinginstitution;

(3) Obligations secured by mortgage onproperty located in Louisiana and the notes orother evidence thereof;

(4) Loans by life insurance companies topolicyholders, if secured solely by theirpolicies;

(5) The legal reserve of domestic lifeinsurance companies;

(6) Loans by a homestead or building andloan association to its members, if securedsolely by stock of the association;

(7) Debts due for merchandise or otherarticles of commerce or for services rendered;


(8) Obligations of the state or its political and finance companies. For purposes of thissubdivisions; Section, incorporeal movables hall have the

(9) Personal property used in the home or of 1870, as amended.on loan in a public place;

(10) Irrevocably dedicated places of burial and articles imported into this state fromheld by individuals for purposes of burial of outside the states of the United States: themselves or members of their families;

(11) Agricultural products while owned by public property of the port authority or docksthe producer, agricultural machinery and other of the common carrier where they first enteredimplements used exclusively for agricultural this state; purposes, animals on the farm, and propertybelonging to an agricultural fair association; (b) so long as the imports (other than

(12) Property used for cultural, Mardi Gras mined or produced in this state andcarnival, or civic activities and not operated manufactured articles) are held in this state infor profit to the owners; the original form in bales, sacks, barrels,

(13) Rights-of-way granted to the State packages, and raw materials held in bulk asDepartment of Highways; all or a part of the new material inventory of

(14) Boats using gasoline as motor fuel; manufacturing or processing; or

(15) Commercial vessels used for (c) so long as the imports are held by angathering seafood for human consumption; importer in any public or private storage in theand original form in bales, sacks, barrels, boxes,

(16) Ships and oceangoing tugs, towboats, packages and agricultural products in bulk.and barges engaged in international trade This exemption shall not apply to theseand domiciled in Louisiana ports. However, imports when held by a retail merchant as partthis exemption shall not apply to harbor, of his stock-in-trade for sale at retail. wharf, shed, and other port dues or to anyvessel operated in the coastal trade of the (2) Raw materials, goods, commodities,states of the United States. and other articles being held on the public

(17) Materials, boiler fuels, and energy common carrier, or in a warehouse, grainsources used by public utilities to fuel the elevator, dock, wharf, or public storage facilitygeneration of electricity. in this state for export to a point outside the

(18) All incorporeal movables of any kindor nature whatsoever, except public service (3) Goods, commodities, and personalproperties, bank stocks, and credit property in public or private storage while inassessments on premiums written in transit through this state which are moving inLouisiana by insurance companies and loan interstate commerce through or over the

meaning set forth in the Louisiana Civil Code

(D)(1) Raw materials, goods, commodities,

(a) so long as the imports remain on the

minerals and ores of the same kind as any

boxes, cartons, containers, or other original

manufacturers or processors, solely for

cartons, containers, or other original

property of a port authority, on docks of any

states of the United States.


territory of the state or which are in public or establishment which engages in the businessprivate storage within Louisiana, having been of working raw materials into wares suitableshipped from outside Louisiana for storage in for use or which gives new shapes, qualitiestransit to a final destination outside Louisiana, or combinations to matter which already haswhether such destination was specified when gone through some artifical process. transportation begin or afterward.

Property described in Paragraph (D), for use in Louisiana for industrial orwhether or not entitled to exemption, shall be manufacturing purposes or for boiler fuel,reported to the proper taxing authority on the gasification, feedstock, or process purposes.forms required by law.

(E) Motor vehicles used on the public of this constitution, the State Board ofhighways of this state, from state, parish, and Commerce and Industry or its successor, withspecial ad valorem taxes. This exemption the approval of the governor and the localshall not extend to any general or special tax governing authority and in accordance withlevied by a municipal governing authority, or procedures and conditions provided by law,by a district created by it, unless the may enter into contracts granting to a propertygoverning authority thereof provides for owner, who proposes the expansion,exemption by ordinance or resolution. restoration, improvement, or development of

(F) Notwithstanding any contrary provision downtown, historic, or economic developmentof this Section, the State Board of Commerce district established by a local governingand Industry or its successor, with the authority or in accordance with law, the rightapproval of the governor, may enter into for an initial term of five years after completioncontracts for the exemption from ad valorem of the work to pay ad valorem taxes basedtaxes of a new manufacturing establishment upon the assessed valuation of the propertyor an addition to an existing manufacturing for the year prior to the commencement of theestablishment, on such terms and conditions expansion, restoration, improvement, oras the board, with the approval of the development. Contracts may be renewed,governor, deems in the best interest of the subject to the same conditions, for anstate. additional five years extending such right for a

The exemption shall be for an initial termof no more than five calendar years, and may (I) (1) Notwithstanding any contrarybe renewed for an additional five years. All provision of this Section, the authority orproperty exempted shall be listed on the district charged with economic development ofassessment rolls and submitted to the each parish is hereby authorized to enter intoLouisiana Tax Commission or its successor, contracts for the exemption from parish,but no taxes shall be collected thereon during municipal, and special ad valorem taxes ofthe period of exemption. goods held in inventory by distribution

The terms "manufacturing establishment" economic development authority or district,and "addition" as used herein mean a new the parish governing authority is authorized toplant or establishment or an addition or grant contracts of exemption as are providedadditions to any existing plant or for in this Paragraph.

(G) Coal or lignite stockpiled in Louisiana

(H) Notwithstanding any contrary provision

an existing structure or structures in a

total of ten years from completion of the work.

centers. In the absence of the existence of an


(2) The contract for exemption shall be on the end of the third year after the effectivesuch terms and to the extent, up to and date of this constitution, the assessors andincluding the full assessed valuation of the the Louisiana Tax Commission or itsgoods held in inventory, as the economic successor shall complete determination of thedevelopment authority or district deems in the fair market value or the use value of allbest interest of the parish. However, prior to property subject to taxation within each parishentering into each individual contract, the for use in implementing this Article. Except aseconomic development authority or district provided in this Section, the total amount ofmust request and receive written approval of ad valorem taxes collected by any taxingthe contract, including its terms and an authority in the year in which Sections 18 andestimated fiscal impact, from each affected tax 20 of this Article are implemented shall not berecipient body in the parish, as evidenced by increased or decreased, because of theira favorable vote of a majority of the members provisions, above or below ad valorem taxesof the governing authority of the tax recipient collected by that taxing authority in the yearbody. Failure to receive all required approvals preceding implementation. To accomplish thisfrom the tax recipient bodies before entering result, it shall be mandatory for each affectedinto a contract shall render the contract null taxing authority, in the year in which Sectionsand void and of no effect. 18 and 20 of this Article are implemented, to

(3) The term "distribution center" as used regard to millage limitations contained in thisherein means an establishment engaged in constitution, and the maximum authorizedthe sale of products for resale or further millages shall be increased or decreased,processing for resale. The term "goods held in without further voter approval, in proportion toinventory" as used herein means goods or the amount of the adjustment upward orproducts which have been given new shapes, downward. Thereafter, such millages shallqualities, or combinations through some remain in effect unless changed as permittedartificial process and does not include raw by this constitution. materials such as natural gas, crude oil,sulphur, or timber or goods or products held (B) Subsequent Adjustments. Except asfor sale to consumers. otherwise permitted in this Section, the total

§22. No Impairment of Existing Taxes orObligations

Section 22. This Part shall not be appliedin a manner which will (a) invalidate taxesauthorized and imposed prior to the effectivedate of this constitution or (b) impair theobligations, validity, or security of any bondsor other debt obligations authorized prior tothe effective date of this constitution.

§23. Adjustment of Ad Valorem TaxMillages

Section 23. (A) First Adjustment. Prior to

adjust millages upwards or downwards without

amount of ad valorem taxes collected by anytaxing authority in the year in which thereappraisal and valuation provisions ofSection 18, Paragraph (F) of this Article areimplemented shall not be increased ordecreased because of a reappraisal orvaluation or increases or decreases in thehomestead exemption above or below thetotal amount of ad valorem taxes collected bythat taxing authority in the year precedingimplementation of the reappraisal andvaluation. To accomplish this result, theprovisions of millage adjustments relative toimplementation of Section 18 and Section 20of this Article, as set forth in Paragraph (A) ofthis Section shall be mandatory. Thereafter,


following implementation of each subsequent provided by law. reappraisal and valuation required byParagraph (F) of Section 18 of this Article, the (B) Orleans Parish. There shall be sevenmillages as fixed in each such implementation assessors in New Orleans, who shallshall remain in effect unless changed as compose the Board of Assessors for Orleanspermitted by Paragraph (C) of this Section. Parish. One shall be elected from each

(C) Increases Permitted. Nothing herein shall be a resident of the district from whichshall prohibit a taxing authority from he is elected. The assessors shall be electedcollecting, in the year in which Sections 18 at the same time as the municipal officers ofand 20 of this Article are implemented or in New Orleans, for terms of four years each.any subsequent year, a larger dollar amount Their duties and compensation shall be asof ad valorem taxes by (1) levying additional provided by law. or increased millages as provided by law or(2) placing additional property on the tax rolls.Increases in the millage rate in excess of therates established as provided by Paragraph(B) above but not in excess of the prior year'smaximum authorized millage rate may belevied by two-thirds vote of the totalmembership of a taxing authority withoutfurther voter approval but only after a publichearing held in accordance with the openmeetings law; however, in addition to anyother requirements of the open meetings law,public notice of the time, place, and subjectmatter of such hearing shall be published ontwo separate days no less than thirty daysbefore the public hearing. Such public noticeshall be published in the official journal of thetaxing authority, and another newspaper witha larger circulation within the taxing authoritythan the official journal of the taxing authority,if there is one.

(D) Applications. This Section shall notapply to millages required to be levied for thepayment of general obligation bonds.

§24. Tax Assessors

Section 24. (A) Election; Term. A taxassessor shall be elected by the electors ofeach parish, Orleans Parish excepted. Histerm of office shall be four years. His election,duties, and compensation shall be as

municipal district of New Orleans, and each


(C) Vacancy. When a vacancy occurs in date of recordation of the tax sale, by payingthe office of tax assessor, the duties of the the price given, including costs, five percentoffice, until filled by election as provided by penalty thereon, and interest at the rate oflaw, shall be assumed by the chief deputy one percent per month until redemption.assessor, except in Orleans Parish where theBoard of Assessors shall appoint an interim (2) In the city of New Orleans, when suchassessor. property sold is residential or commercial

§25. Tax Sales

Section 25.(A) Tax Sales. (1) There shallbe no forfeiture of property for nonpayment oftaxes. However, at the expiration of the yearin which the taxes are due, the collector,without suit, and after giving notice to thedelinquent in the manner provided by law,shall advertise for sale the property on whichthe taxes are due. The advertisement shall bepublished in the official journal of the parish ormunicipality, or, if there is no official journal,as provided by law for sheriffs' sales, in themanner provided for judicial sales. On the dayof sale, the collector shall sell the portion ofthe property which the debtor points out. If thedebtor does not point out sufficient property,the collector shall sell immediately the leastquantity of property which any bidder will buyfor the amount of the taxes, interest, andcosts. The sale shall be without appraisement.A tax deed by a tax collector shall be primafacie evidence that a valid sale was made.

(2) If property located in a municipality witha population of more than four hundred fiftythousand persons as of the most recentfederal decennial census fails to sell for theminimum required bid in the tax sale, thecollector may offer the property for sale at asubsequent sale with no minimum requiredbid. The proceeds of the sale shall be appliedto the taxes, interest, and costs due on theproperty, and any remaining deficiency shallbe eliminated from the tax rolls.

(B) Redemption. (1) The property soldshall be redeemable for three years after the

property which is abandoned property asdefined by R.S. 33:4720.12(1) or blightedproperty as defined by Act 155 of the 1984Regular Session, it shall be redeemable foreighteen months after the date of recordationof the tax sale by payment in accordance withSubparagraph (1) of this Paragraph.

(C) Annulment. No sale of property fortaxes shall be set aside for any cause, excepton proof of payment of the taxes prior to thedate of the sale, unless the proceeding toannul is instituted within six months afterservice of notice of sale. A notice of sale shallnot be served until the final day forredemption has ended. It must be servedwithin five years after the date of therecordation of the tax deed if no notice isgiven. The fact that taxes were paid on a partof the property sold prior to the sale thereof,or that a part of the property was not subjectto taxation, shall not be cause for annullingthe sale of any part thereof on which the taxesfor which it was sold were due and unpaid. Nojudgment annulling a tax sale shall have effectuntil the price and all taxes and costs arepaid, and until ten percent per annum intereston the amount of the price and taxes paidfrom date of respective payments are paid tothe purchaser; however, this shall not apply tosales annulled because the taxes were paidprior to the date of sale.

(D) Quieting Tax Title. The manner ofnotice and form of proceeding to quiet taxtitles shall be provided by law.

(E) Movables; Tax Sales. When taxes onmovables are delinquent, the tax collector


shall seize and sell sufficient movable Revenue Sharing Fund is created as a specialproperty of the delinquent taxpayer to pay the fund in the state treasury. tax, whether or not the property seized is theproperty which was assessed. Sale of the (B) Annual Allocation. The sum of ninetyproperty shall be at public auction, without million dollars is allocated annually from theappraisement, after ten days advertisement, state general fund to the revenue sharingpublished within ten days after date of fund. The legislature may appropriateseizure. It shall be absolute and without additional sums to the fund. redemption.

If the tax collector can find no corporeal sharing fund shall be distributed annually asmovables of the delinquent to seize, he may provided by law solely on the basis oflevy on incorporeal rights, by notifying the population and number of homesteads indebtor thereof, or he may proceed by each parish in proportion to population andsummary rule in the courts to compel the the number of homesteads throughout thedelinquent to deliver for sale property in his state. Unless otherwise provided by law,possession or under his control. population statistics of the last federal

(F) Postponement of Taxes. The purpose. After deductions in each parish forlegislature may postpone the payment of retirement systems and commissions astaxes, but only in cases of overflow, general authorized by law, the remaining funds, to theconflagration, general crop destruction, or extent available, shall be distributed by firstother public calamity, and may provide for the priority to the tax recipient bodies within thelevying, assessing, and collecting of such parish, as defined by law, to offset currentpostponed taxes. In such case, the legislature losses because of homestead exemptionsmay authorize the borrowing of money by the granted in this Article. Any balance remainingstate on its faith and credit, by bond issue or in a parish distribution shall be allocated tootherwise, and may levy taxes, or apply taxes the municipalities and tax recipient bodiesalready levied and not appropriated, to secure within each parish as provided by law. payment thereof, in order to create a fundfrom which loans may be made through the (D) Distributing Officer. The fundsInterim Emergency Board to the governing distributed to each parish as provided inauthority of the parish where the calamity Paragraph (C) shall be distributed in Orleansoccurs. The money loaned shall be applied to Parish by the city treasurer of New Orleansand shall not exceed the deficiency in and in all other parishes by the parish taxrevenue of the parish or a political subdivision collector. The funds allocated to the Monroetherein or of which the parish is a part, caused City School Board or its successor shall beby postponement of taxes. No loan shall be distributed to and by the city treasurer ofmade to a parish governing authority without Monroe. the approval of the Interim Emergency Board.

PART III. REVENUE SHARING

§26. Revenue Sharing Fund

Section 26. (A) Creation of Fund. The

(C) Distribution Formula. The revenue

decennial census shall be utilized for this

(E) Bonded Debt. A political subdivision,as defined by Article VI of this constitution,may incur debt by issuing negotiable bondsand may pledge for the payment of all or partof the principal and interest of such bonds theproceeds derived or to be derived from that


portion of the funds received by it from therevenue sharing fund, to offset current lossescaused by homestead exemptions granted bythis Article. Unless otherwise provided by law,no moneys allocated within any parish fromthe balance remaining in its distribution maybe pledged to the payment of the principal orinterest of any bonds. Bonds issued underthis Paragraph shall be issued and sold asprovided by law, and shall require approval ofthe State Bond Commission or its successorprior to issuance and sale.

PART IV. TRANSPORTATION

§27. Transportation Trust Fund

Section 27.(A) Creation of fund. EffectiveJanuary 1, 1990, there shall be established inthe state treasury as a special permanenttrust fund the Transportation Trust Fund ("thetrust fund") in which shall be deposited the"excess revenues" as defined herein whichare a portion of the avails received in eachyear from all taxes levied on gasoline andmotor fuels and on special fuels (said availsbeing referred to as the "revenues") asprovided herein. After satisfying pledgesrespecting that portion of the revenuesattributable to the tax rates in effect at thetime of such pledges for the payment ofobligations for bonds or other evidences ofindebtedness on the effective date of thisSection, the treasurer shall allocate suchportion of the revenues received in each yearas necessary to pay all principal, interest,premium, if any, and other obligations incidentto the issuance, security, and payment inrespect of bonds as authorized in Paragraph(C) hereof. Thereafter, the portion of therevenues remaining shall be deposited in theBond Security and Redemption Fund in thestate treasury. After (1) the payment of anyobligations for bonds or other evidences ofindebtedness in existence on the effectivedate of this Section which are secured byrevenues; (2) payments in respect of bondsauthorized in Paragraph (C) hereof; and (3)credit to the Bond Security and RedemptionFund, the treasurer shall deposit in and creditto the trust fund all of the revenues remaining(the "excess revenues") from the avails of alltaxes levied on gasoline and motor fuels andon special fuels, as follows: for the fiscal yearbeginning July 1, 1989, the avails of twelvecents per gallon of said taxes received on andafter January 1, 1990; for the fiscal yearbeginning on July 1, 1990, the avails offourteen cents per gallon of said taxes; for the


fiscal year beginning on July 1, 1991, and by law. The state generated tax moniesthereafter, the avails of all taxes levied on appropriated for ports, Parish Transportationgasoline and motor fuels and on special fuels. Fund, or its successor, and the StatewidePurchases of gasoline, diesel fuel, or special Flood-Control Program, or its successor, andfuels which are subject to excise tax under state police for traffic control purposes shallChapter 7 of Subtitle II of Title 47 of the not exceed twenty percent annually of theLouisiana Revised Statutes of 1950 shall be state generated tax revenues in the trust fund;exempt from the state sales tax and any sales provided, however, that no less than thetax levied by a political subdivision as defined avails of one cent of the tax on gasoline andby Article VI, Section 44(2). All monies special fuels shall be appropriated each yearappropriated by the Federal Highway to the Parish Transportation Fund, or itsAdministration and the Federal Aviation successor. The annual appropriation forAdministration, or their successors, either airports shall be a sum equal to, but notreimbursed or paid directly, shall be paid greater than, the annual estimated revenue todirectly or deposited in and credited to the be derived from the state taxes to be collectedtrust fund. and received on aviation fuel. Unencumbered

(B) The monies in the trust fund shall be fiscal year shall remain in the trust fund. Theappropriated or dedicated solely and earnings realized in each fiscal year on theexclusively for the costs for and associated investment of monies in the trust fund shall bewith construction and maintenance of the deposited in and credited to the trust fund. roads and bridges of the state and federalhighway systems, the Statewide Flood-Control (C) The State Bond Commission or itsProgram or its successor, ports, airports, successor, may issue and sell bonds, notes,transit, state police for traffic control or other obligations ("Bonds") secured by apurposes, and the Parish Transportation Fund pledge of a portion of the revenues not toor its successor and for the payment of all exceed the avails of four cents per gallon ofprincipal, interest, premium, if any, and other the taxes on gasoline and motor fuels and onobligations incident to the issuance, security, special fuels received by the state treasurer.and payment in respect of bonds or other Bonds so issued may also be secured by aobligations payable from the trust fund as pledge of all or a portion of excess revenuesauthorized in Paragraph (D) hereof. Unless as additional security therefor, and if sopledged to the repayment of bonds authorized pledged any portion thereof needed to payin Paragraphs (C) or (D) of this Section, the principal, interest, or premium, if any, andmonies in the trust fund allocated to ports, other obligations incident to the issuance,airports, flood control, parish transportation, security, and payment in respect to Bondsand state highway construction shall be may be expended by the treasurer without theappropriated annually by the legislature only need for legislative appropriation. The Bondspursuant to programs established by law may be issued in the manner set forth in thiswhich establish a system of priorities for the Section to provide for the costs for andexpenditure of such monies, except that the associated with construction and maintenanceTransportation Infrastructure Model for of the roads and bridges of the state andEconomic Development, which shall include federal highway systems, Statewide Flood-only those projects enumerated in House Bill Control Program, ports, airports, and for any17 of the 1989 First Extraordinary Session of other purpose for which monies in the trustthe Legislature, shall be funded as provided fund may be expended as provided by law.

and unexpended balances at the end of each

PAGE -75- Louisiana Constitution of 1974 ART. VIII(as amended November 3, 1998)

Such Bonds shall not be considered to bedebt under Article VII, Section 6, unless theprovisions of Article VII, Section 6, relative toincurring debt by the state are met, in whichcase the full faith and credit of the state mayalso be pledged in addition to the revenuesreceived by the treasurer.

(D) The State Bond Commission or itssuccessor may also issue and sell bonds,notes, or other obligations secured by apledge of the excess revenues deposited inthe trust fund, which shall otherwise by issuedin the manner and for the purposes providedfor in this Section, and if so pledged anyportion thereof needed to pay principal,interest, or premium, if any, and otherobligations incident to the issuance, security,and payment in respect thereof may beexpended by the treasurer without the needfor legislative appropriation.

(E) Bonds, notes, or other obligationsissued pursuant to the provisions ofParagraphs (C) or (D) above may be issued inthe manner provided by resolution of the StateBond Commission or its successor under theauthority of said Paragraphs withoutcompliance with any other requirement of thisconstitution or law. To that end, saidParagraphs (C) and (D) hereof shall bedeemed self-operative.

ARTICLE VIII.EDUCATION

Preamble

The goal of the public educational systemis to provide learning environments andexperiences, at all stages of humandevelopment, that are humane, just, anddesigned to promote excellence in order thatevery individual may be afforded an equalopportunity to develop to his full potential.

§1. Public Educational System

Section 1. The legislature shall provide forthe education of the people of the state andshall establish and maintain a publiceducational system.

§2. State Superintendent of Education

Section 2. There shall be a superintendentof education for public elementary andsecondary education who, subject toprovisions for appointment in lieu of electionset forth in Article IV, Section 20, of thisconstitution, shall be elected for a term of fouryears. If the office is made appointive, theState Board of Elementary and SecondaryEducation shall make the appointment. Heshall be the administrative head of theDepartment of Education and shall implementthe policies of the State Board of Elementaryand Secondary Education and the lawsaffecting schools under its jurisdiction. Thequalifications and other powers, functions,duties, and responsibilities of thesuperintendent shall be provided by law.

§3. State Board of Elementary andSecondary Education

Section 3. (A) Creation; Functions. TheState Board of Elementary and SecondaryEducation is created as a body corporate. Itshall supervise and control the publicelementary and secondary schools andspecial schools under its jurisdiction and shallhave budgetary responsibility for all fundsappropriated or allocated by the state forthose schools, all as provided by law. Theboard shall have other powers, duties, andresponsibilities as provided by thisconstitution or by law, but shall have nocontrol over the business affairs of a parish orcity school board or the selection or removalof its officers and employees.


(B) Membership, terms. The board shall (B) Membership; Terms. The board shallconsist of eleven members, eight of whom be composed of two members from eachshall be elected from single-member districts, congressional district and one from the statewhich shall be determined as provided by law, at large appointed by the governor, withand three of whom shall be appointed by the consent of the Senate, for overlapping termsgovernor from the state at large, with consent of six years, following initial terms which shallof the Senate. Members shall serve terms of be fixed by law. The board should befour years, which shall be concurrent with the representative of the state's population byterm of the governor. race and gender to ensure diversity.

(C) Vacancy. A vacancy in the office of an (C) Vacancy. A vacancy occurring prior toelected member, if the remaining portion of the expiration of a term shall be filled for thethe term is more than one year, shall be filled remainder of the unexpired term byfor the remainder of the term by election, as appointment by the governor, with consent ofprovided by law. Other vacancies shall be the Senate. filled for the remainder of the term byappointment by the governor. (D) Powers. The Board of Regents shall

§4. Approval of Private Schools

Section 4. Upon application by a privateelementary, secondary, or proprietary schoolwith a sustained curriculum or specializedcourse of study of quality at least equal to thatprescribed for similar public schools, the StateBoard of Elementary and SecondaryEducation shall approve the private school. Acertificate issued by an approved privateschool shall carry the same privileges as oneissued by a state public school.

§5. Board of Regents

Section 5. (A) Creation; Functions. TheBoard of Regents is created as a bodycorporate. It shall plan, coordinate, and havebudgetary responsibility for all publicpostsecondary education and shall have otherpowers, duties, and responsibilities providedin this Section or by law.

meet with the State Board of Elementary andSecondary Education at least twice a year tocoordinate programs of public elementary,secondary, vocational-technical, career, andhigher education. The Board of Regents shallhave the following powers, duties, andresponsibilities relating to public institutions ofpostsecondary education:

(1) To revise or eliminate an existingdegree program, department of instruction,division, or similar subdivision.

(2) To approve, disapprove, or modify aproposed degree program, department ofinstruction, division, or similar subdivision.

(3)(a) To study the need for and feasibilityof creating a new institution of postsecondaryeducation, which includes establishing abranch of such an institution or converting anynon-degree granting institution to aninstitution which grants degrees or convertingany college or university which is limited tooffering degrees of a lower rank thanbaccalaureate to a college or university thatoffers baccalaureate degrees or merging anyinstitution of postsecondary education intoany other institution of postsecondary


education, establishing a new management (4) To formulate and make timely revisionboard, and transferring a college or university of a master plan for postsecondary education.from one board to another. As a minimum, the plan shall include a

(b) If the creation of a new institution, the the institutions of postsecondary education. merger of any institutions, the addition ofanother management board, or the transfer of (5) To require that every postsecondaryan existing institution of higher education from education board submit to it, at a time itone board to another is proposed, the Board specifies, an annual budget proposal forof Regents shall report its written findings and operational needs and for capital needs ofrecommendations to the legislature within one each institution under the control of eachyear. Only after the report has been filed, or board. The Board of Regents shall submit itsafter one year from the receipt of a request for budget recommendations for all institutions ofa report from the legislature if no report is postsecondary education in the state. It shallfiled, may the legislature take affirmative recommend priorities for capital constructionaction on such a proposal and then only by and improvements. law enacted by two-thirds of the electedmembers of each house. (E) Powers Not Vested. Powers of

formula for equitable distribution of funds to

management over public institutions ofpostsecondary education not specificallyvested by this Section in the Board of Regentsare reserved to the Board of Supervisors ofLouisiana State University and Agriculturaland Mechanical College, the Board ofSupervisors of Southern University andAgricultural and Mechanical College, theBoard of Trustees for State Colleges andUniversities, the Board of Supervisors ofCommunity and Technical Colleges, and anyother such board created pursuant to thisArticle, as to the institutions under the controlof each.

§6. Board of Supervisors for the Universityof Louisiana System

Section 6. (A) Creation; Functions. TheBoard of Supervisors for the University ofLouisiana System is created as a bodycorporate. Subject to powers vested by thisArticle in the Board of Regents, it shall havesupervision and management of statecolleges and universities not managed by ahigher education board created by or underthis Article.


(B) Membership; Terms. The board shallbe composed of two members from eachcongressional district and one member fromthe state at large, appointed by the governorwith consent of the Senate. The membersshall serve overlapping terms of six years,following initial terms fixed by law.

(C) Vacancy. A vacancy occurring prior tothe expiration of a term shall be filled for theremainder of the unexpired term byappointment by the governor, with consent ofthe Senate.

§7. Board of Supervisors of LouisianaState University and Agricultural andMechanical College; Board ofSupervisors of Southern Universityand Agricultural and MechanicalCollege

Section 7. (A) Creation; Powers. TheBoard of Supervisors of Louisiana StateUniversity and Agricultural and MechanicalCollege and the Board of Supervisors ofSouthern University and Agricultural andMechanical College are created as bodiescorporate. Subject to powers vested by thisArticle in the Board of Regents, each shallsupervise and manage the institutions,statewide agricultural programs, and otherprograms administered through its system.

(B) Membership; Terms. Each board shallbe composed of two members from eachcongressional district and one member fromthe state at large, appointed by the governorwith consent of the Senate. The membersshall serve overlapping terms of six years,following initial terms fixed by law.

(C) Vacancy. A vacancy occurring prior tothe expiration of a term shall be filled for theremainder of the unexpired term by


appointment by the governor, with consent of (3) The provision of any program subjectthe Senate. to the supervision and management of and

§7.1. Board of Supervisors of Communityand Technical Colleges

Section 7.1. (A) Creation; Powers;Institutions; Divisions. (1) The Board ofSupervisors of Community and TechnicalColleges is created as a body corporate tomanage the Louisiana Community andTechnical College System subject to powersvested by this Article in the Board of Regents.The system shall include all programs ofpublic postsecondary vocational-technicaltraining, and, as provided by law, institutionsof higher education which offer associatedegrees but not baccalaureate degrees andsuch programs and institutions shall besupervised and managed by the board. Thesystem shall be comprised of two divisions,the vocational-technical division which shallinclude all public postsecondary vocational-technical schools and the community collegedivision which shall include the communitycolleges in the system.

(2) All public institutions which exclusivelyor predominantly provide programs ofpostsecondary vocational-technical educationshall be under the jurisdiction of the Board ofSupervisors of Community and TechnicalColleges. Such institutions may not betransferred from the Louisiana Communityand Technical College System.

offered at any institution under the jurisdictionof the Board of Supervisors of Community andTechnical Colleges which is not a degreeprogram shall require no approval beyond thatof the Board of Supervisors of Community andTechnical Colleges.

(B) Membership; Terms; InitialMembership and Terms. The board shall becomposed of fifteen members appointed bythe governor, as provided by law. In addition,the board shall have two student members asprovided by law. All members selected andappointed by the governor shall be appointedwith the consent of the Senate. Of thosemembers selected and appointed by thegovernor, there shall be two members fromeach congressional district and the remainingmember or members from the state at large.The board should be representative of thestate's population by race and gender toensure diversity. The members selected andappointed by the governor shall serve termsof six years, except that the initial membersshall serve terms as provided by law.

(C) Vacancy. A vacancy occurring prior tothe expiration of a term of a member selectedand appointed by the governor shall be filledfor the remainder of the unexpired term byappointment by the governor, with consent ofthe Senate. Any other vacancy shall be filledas provided by law.

(D) Transitional Funding. Appropriationsannually from the state general fund for FiscalYears 1999-2000, 2000-2001, and 2001-2002, for those institutions of highereducation supervised and managed in 1998by each of the management boards of highereducation, that is the Board of Supervisors ofLouisiana State University and Agriculturaland Mechanical College, the Board ofSupervisors of Southern University and


Agricultural and Mechanical College, and the member shall not exceed one year, and noBoard of Trustees for State Colleges and student member shall be eligible to succeedUniversities, respectively, shall be no less himself. A student member shall have all ofthan the appropriations from the state general the privileges and rights of other boardfund in Fiscal Year 1998-1999 for those same members. institutions of higher education regardless oftheir management boards. Appropriations (C) Compensation. A member of a boardannually from the state general fund for Fiscal created by or pursuant to this Article shallYears 1999-2000, 2000-2001, and 2001- serve without pay, but per diem and expenses2002, for those institutions in the Louisiana may be provided by law. Community and Technical College Systemshall be no less than the state general fundappropriations in Fiscal Year 1998-1999 forthose same institutions regardless of theirmanagement boards. Appropriations annuallyfrom the state general fund for Fiscal Years1999-2000, 2000-2001, and 2001-2002, forpostsecondary vocational-technical educationshall be no less than the total of allappropriations for such purpose from the stategeneral fund for Fiscal Year 1998-1999. Theprovisions of this Paragraph shall be null andvoid for any such fiscal year in which stategeneral fund revenues are less than the stategeneral fund revenues of Fiscal Year 1998-1999 as determined by the RevenueEstimating Conference.

(E) The transfer of any institution of highereducation to the Louisiana Community andTechnical College System effected on July 1,1999 pursuant to this Section shall notchange the mission of or adversely affect theaccreditation of such institution.

§8. Boards; Membership; Compensation

Section 8. (A) Dual Membership. Noperson shall be eligible to servesimultaneously on more than one boardcreated by or pursuant to this Article.

(B) Student membership. The legislaturemay provide for the membership of onestudent on the boards created by Sections 5,6 and 7 of this Article. The term of a student

§9. Parish School Boards; ParishSuperintendents

Section 9. (A) Boards. The legislature shallcreate parish school boards and provide forthe election of their members.

(B) Superintendents. Each parish boardshall elect a superintendent of parish schools.The State Board of Elementary andSecondary Education shall fix thequalifications and prescribe the duties of theparish superintendent. He need not be aresident of the parish in which he serves.

§10. Existing Boards and SystemsRecognized; Consolidation

Section 10. (A) Recognition. Parish andcity school board systems in existence on theeffective date of this constitution arerecognized, subject to control and supervisionby the State Board of Elementary andSecondary Education and the power of thelegislature to enact laws affecting them.

(B) Ouachita Parish and Monroe CitySchool Systems; Board Membership. Onlypersons residing within the jurisdiction of theMonroe City School Board shall be eligible tovote for or be members of the Monroe CitySchool Board. Only persons residing in thatportion of Ouachita Parish outside thejurisdiction of the Monroe City School Boardshall be eligible to vote for or be members of


the Ouachita Parish School Board. The Education, or its successor, shall annuallyposition of a member of either board shall be develop and adopt a formula which shall bevacated when he no longer satisfies the used to determine the cost of a minimumrequirements of this Paragraph. foundation program of education in all publicNotwithstanding any contrary provision of this elementary and secondary schools as well asconstitution, this Paragraph shall become to equitably allocate the funds to parish andoperative upon the election of members of the city school systems. Such formula shallOuachita Parish School Board taking office in provide for a contribution by every city and1977 or upon the first reapportionment parish school system. Prior to approval of theaffecting the Ouachita Parish School Board, formula by the legislature, the legislature maywhichever occurs earlier. return the formula adopted by the board to the

(C) Consolidation. Subject to approval by a amended formula for consideration by themajority of the electors voting, in each system board and submission to the legislature foraffected, in an election held for that purpose, approval. The legislature shall annuallyany two or more school systems may be appropriate funds sufficient to fully fund theconsolidated as provided by law. current cost to the state of such a program as

§11. Appropriations; State Boards

Section 11. The legislature shallappropriate funds for the operating andadministrative expenses of the state boardscreated by or pursuant to this Article.

§12. Appropriations; Higher Education

Section 12. Appropriations for theinstitutions of higher education shall be madeto their managing boards. The fundsappropriated shall be administered by themanaging boards and used solely as providedby law.

§13. Funding; Apportionment

Section 13.(A) Free School Books. Thelegislature shall appropriate funds to supplyfree school books and other materials ofinstruction prescribed by the State Board ofElementary and Secondary Education to thechildren of this state at the elementary andsecondary levels.

(B) Minimum Foundation Program. TheState Board of Elementary and Secondary

board and may recommend to the board an

determined by applying the approved formulain order to insure a minimum foundation ofeducation in all public elementary andsecondary schools. Neither the governor northe legislature may reduce suchappropriation, except that the governor mayreduce such appropriation using meansprovided in the act containing theappropriation provided that any suchreduction is consented to in writing by two-thirds of the elected members of each houseof the legislature. The funds appropriatedshall be equitably allocated to parish and cityschool systems according to the formula asadopted by the State Board of Elementary andSecondary Education, or its successor, andapproved by the legislature prior to makingthe appropriation. Whenever the legislaturefails to approve the formula most recentlyadopted by the board, or its successor, thelast formula adopted by the board, or itssuccessor, and approved by the legislatureshall be used for the determination of the costof the minimum foundation program and forthe allocation of funds appropriated.

(C) Local Funds. Local funds for thesupport of elementary and secondary schoolsshall be derived from the following sources:


First: Each parish school board, Orleans have the authority granted parishes.Parish excepted, and each municipality or cityschool board actually operating, maintaining,or supporting a separate system of publicschools, shall levy annually an ad valoremmaintenance tax not to exceed five mills onthe dollar of assessed valuation on propertysubject to such taxation within the parish orcity, respectively.

Second: The Orleans Parish School Boardshall levy annually a tax not to exceed thirteenmills on the dollar of the assessed valuation ofproperty within the city of New Orleansassessed for city taxation, and shall certify theamount of the tax to the governing authority ofthe city. The governing authority shall havethe tax entered on city tax rolls. The tax shallbe collected in the manner, under theconditions, and with the interest and penaltiesprescribed by law for city taxes. The moneythus collected shall be paid daily to theOrleans Parish School Board.

Third: For giving additional support topublic elementary and secondary schools, anyparish, school district, or subschool district, orany municipality or city school board whichsupports a separate city system of publicschools may levy an ad valorem tax for aspecific purpose, when authorized by amajority of the electors voting in the parish,municipality, district, or subdistrict in anelection held for that purpose. The amount,duration, and purpose of the tax shall be inaccord with any limitation imposed by thelegislature.

(D) Municipal School Systems. For theeffects and purposes of this Section, theschool system operated in Wards 9, 10, and11 of Rapides Parish, and the municipalitiesof Baker in East Baton Rouge Parish, Monroein Ouachita Parish, and Bogalusa inWashington Parish, and no others, shall beregarded and treated as parishes and shall

§14. Tulane University

Section 14. The Tulane University ofLouisiana in New Orleans is recognized ascreated and to be developed in accordancewith Act No. 43 approved July 5, 1884.

§15. Members of State Board ofElementary and SecondaryEducation; beginning and end ofterms

Section 15. In order to effectuate the termsof office as provided in Article VIII, Section3(B), the successors in office to the electedmembers whose terms end in 1980 and 1982shall be elected for terms which shall end atnoon on the second Monday in March in1984, and thereafter the successors in officeto those members shall be elected and shalltake office at the same time as the governor.The successor in office to the elected memberwhose term ends in 1984 shall be elected fora term which shall end at noon on the secondMonday in March in 1988, and thereafter thesuccessor in office to that member shall beelected and shall take office at the same timeas the governor. The successors in office tothe appointed members whose terms end in1980 and 1982 shall be appointed for termswhich shall end at noon on the secondMonday in March in 1984, and thereafter thesuccessors in office to those members shallbe appointed for terms which shall beconcurrent with the term of the governormaking the appointment. The successor inoffice to the appointed member whose termends in 1984 shall be appointed for a termwhich shall end at noon on the secondMonday in March in 1988, and thereafter thesuccessors in office to that member shall beappointed for terms which shall be concurrentwith the term of the governor making theappointment.

PAGE -83- Louisiana Constitution of 1974 ART. IX(as amended November 3, 1998)

§16. Public Hospitals

Section 16. Notwithstanding any provisionof this Article to the contrary, the legislaturemay provide by law for the supervision,operation, and management of publichospitals and their programs by the Board ofRegents or by any board having powers ofmanagement over public institutions of highereducation created by this constitution orpursuant to this Article. Such laws mayinclude but shall not be limited to lawsproviding for the submission and approval ofcapital and operating budgets, appropriationsand expenditures, the supervision,management, and oversight of the hospitalsand their programs, and legislative review anddisapproval of related rules. This Section shallnot apply to institutions and programsoperated or managed prior to January 1, Section 3. The legislature shall neither1997, by any higher education management alienate nor authorize the alienation of theboard created by this Article. bed of a navigable water body, except for

ARTICLE IX.NATURAL RESOURCES

§1. Natural Resources and Environment;Public Policy

Section 1. The natural resources of thestate, including air and water, and thehealthful, scenic, historic, and esthetic qualityof the environment shall be protected,conserved, and replenished insofar aspossible and consistent with the health,safety, and welfare of the people. Thelegislature shall enact laws to implement thispolicy.

§2. Natural Gas

Section 2. (A) Public Policy; Regulation.Natural gas is declared to be affected with apublic interest. Notwithstanding any provisionof this constitution relative to the powers and

duties of the Public Service Commission, thelegislature shall provide by law for regulationof natural gas by the regulatory authority itdesignates. It may designate the PublicService Commission as the regulatoryauthority.

(B) Pipelines. No intrastate natural gaspipeline or gas gathering line shall beconnected with an interstate natural gaspipeline, and no interstate natural gaspipeline shall be connected with an intrastatenatural gas pipeline, without a certificate ofpublic convenience and necessity issued asprovided by law after application for theconnection and hearing thereon.

§3. Alienation of Water Bottoms

purposes of reclamation by the riparian ownerto recover land lost through erosion. ThisSection shall not prevent the leasing of statelands or water bottoms for mineral or otherpurposes. Except as provided in this Section,the bed of a navigable water body may bereclaimed only for public use.

§4. Reservation of Mineral Rights;Prescription

Section 4.(A) Reservation of MineralRights. The mineral rights on property sold bythe state shall be reserved, except when theowner or person having the right to redeembuys or redeems property sold or adjudicatedto the state for taxes. The mineral rights onland, contiguous to and abutting navigablewaterbottoms reclaimed by the state throughthe implementation and construction ofcoastal restoration projects shall be reserved,except when the state and the landownerhaving the right to reclaim or recover the landhave agreed to the disposition of mineral


rights, in accordance with the conditions and control and supervision of the wildlife of theprocedures provided by law. state, including all aquatic life, is vested in the

(B) Prescription. Lands and mineral The commission shall be in the executiveinterests of the state, of a school board, or of branch and shall consist of seven membersa levee district shall not be lost by prescription appointed by the governor, subject toexcept as authorized in Paragraph C. confirmation by the Senate. Six members

(C) Exception. The legislature by act may and one member shall serve a termdirect the appropriate parish authority in concurrent with that of the governor. ThreeTerrebonne Parish to transfer title and members shall be electors of the coastalownership as to certain lands near Bayou parishes and representatives of theDularge in Section 16 of Township 20 South, commercial fishing and fur industries, and fourRange 16 East, which due to an error in the shall be electors from the state at large otheroriginal governmental survey completed than representatives of the commercial fishingaround 1838 until recently were thought to be and fur industries, as provided by law. Nowithin Section 9, to those persons who have member who has served six years or morepossessed the property under good faith and shall be eligible for reappointment. just title for a minimum of ten years or to thosewho have acquired from them, reserving the (B) Duties; Compensation. The functions,mineral rights as just and sole compensation duties, and responsibilities of the commission,for the transfer. Consistent with the provisions and the compensation of its members, shallof Article XIII, Section 3, the notice be provided by law. requirements of Article III, Section 13 aresatisfied for an act passed as a companion tothe act setting forth this Paragraph.

§5. Public Notice; Public BiddingRequirements

Section 5. No conveyance, lease, royaltyagreement, or unitization agreement involvingminerals or mineral rights owned by the stateshall be confected without prior public noticeor public bidding as shall be provided by law.

§6. Tidelands Ownership

Section 6. Revenues and royaltiesobtained from minerals located beyond theseaward boundary of the state belong to thestate.

§7. Wildlife and Fisheries Commission

Section 7. (A) Members; Terms. The

Louisiana Wildlife and Fisheries Commission.

shall serve overlapping terms of six years,

§8. Forestry

Section 8. (A) Forestry; Acreage Taxes.Forestry shall be practiced in the state, andthe legislature may enact laws therefor. It mayauthorize parish governing authorities to levyacreage taxes, not to exceed two cents peracre, for the purposes of this Section. Theprovisions of this constitution exemptinghomesteads from taxation shall apply toforestry acreage taxes.

(B) Forestry Commission. The practice offorestry is placed under the LouisianaForestry Commission. The commission shallbe in the executive branch and shall consist ofseven members. The head of the Departmentof Forestry at Louisiana State University andAgricultural and Mechanical College and thedirector of the Wildlife and FisheriesCommission shall serve ex officio asmembers. The governor shall appoint the


remaining five members, subject to (2) Distribution; debt accounts. Seventy-confirmation by the Senate, for overlapping five percent of the proceeds, and interestterms of five years, as provided by law. derived therefrom, shall be deposited into the

(C) State Forester. The commission shallappoint a state forester. He shall be a (a) Initial Proceeds Account. From thisgraduate of an accredited school of forestry portion of the initial proceeds of the tax, theand have at least four years of forestry sum of five hundred million dollars shall beexperience, as provided by law. maintained in an account within the First Use

§9. First Use Tax Trust Fund

Section 9. (A)(1) Creation. The First UseTax Trust Fund is hereby created andestablished in the state treasury as a specialand irrevocable trust fund for the deposit ofthe proceeds, and interest derived therefrom,of the first use tax imposed by law in 1978 orthereafter and any other tax imposed by lawwhich would have the effect of imposing anynew or alternative tax on uses of thoseresources subject to the tax levied by the firstuse tax. The treasurer shall pay into the stategeneral fund, from the total proceeds of thefirst use tax, as imposed by law in 1978 orthereafter such amounts as are necessary tofully reimburse the state general fund for taxcredits granted in 1978 against that taxpursuant to Part I-B of Chapter 6 of Title 47 ofthe Louisiana Revised Statutes. Theremainder of such tax proceeds shall becredited to the following accounts within theFirst Use Tax Trust Fund and shall not bedeposited into the Bond Security andRedemption Fund or the general fund.

following accounts:

Tax Trust Fund in the state treasury to beknown as the "Initial Proceeds Account".Monies in the Initial Proceeds Account shallbe invested, and the investment earningsshall accrue to that account. Except forinvestment and except as provided inParagraph (C), monies on deposit in the InitialProceeds Account shall not be used. If thebalance of the Initial Proceeds Account at anytime is less than five hundred million dollars,then an amount from the next proceeds of thetax shall be credited to the Initial ProceedsAccount until there is a balance therein of fivehundred million dollars.

(b) Debt Retirement and RedemptionAccount. All proceeds of this portion of the taxover and above the amount required to bemaintained in the Initial Proceeds Accountshall be maintained in an account in the FirstUse Tax Trust Fund to be known as the "DebtRetirement and Redemption Account". Moniesin the Debt Retirement and RedemptionAccount shall be invested and the investmentearnings shall accrue to that account. Exceptfor investment, monies on deposit in the DebtRetirement and Redemption Account shall beused only to purchase, in advance of maturity,on the open market any outstandingobligations of the state, or to call, pay orredeem in advance of maturity anyoutstanding bonds, notes or other evidence ofstate debt, or both. No purchase orredemption of state debt shall occur with themonies unless the purchase or redemptionresults in interest savings to the state. Themethods used for retiring such future debt


shall be determined by the state treasurer, which the Debt Retirement and Redemptionwith concurrence of two-thirds of the members Account may be used. of the State Bond Commission acting in opensession. (d) The funds deposited in the First Use

(3) Distribution; conservation account. and shall not be used for the purposesTwenty-five percent of the proceeds, and enumerated herein until the proceeds of theinterest derived therefrom, shall be deposited first use tax are determined to be available forinto the following account: such uses by the treasurer with concurrence

(a) Barrier Islands Conservation Account. Bond Commission, acting in open session.Twenty-five percent of the proceeds of the tax During the time these funds are escrowedshall be maintained in an account in the First such funds may be ordered remitted uponUse Tax Trust Fund to be known as the final action by a court of last resort, with the"Barrier Islands Conservation Account". interest earned thereon, as provided by law, ifMonies in the Barrier Islands Conservation the tax is held to be invalid as to any taxpayerAccount shall be invested and the investment who has paid the tax. earnings shall accrue to that account. Exceptfor investment, monies on deposit in theBarrier Islands Conservation Account shall beused exclusively to fund capital improvementprojects designed to conserve, preserve andmaintain the barrier islands, reefs, and shoresof the coastline of Louisiana. Only suchcapital improvements contained in thecomprehensive capital budget adopted by thelegislature each year shall be funded.

(b) Investments. The state treasurer shallinvest all monies on deposit in the accountsestablished under Paragraph (A) inaccordance with the law governing theinvestment of idle funds of the state.

(c) Use of Investment Earnings of InitialProceeds Account. If in the judgment of thestate treasurer the best interest of the statewould be served, and only if the DebtRetirement and Redemption Account isdepleted or otherwise not funded, thetreasurer may, with concurrence of two-thirdsof the members of the State BondCommission, acting in open session, expendthe investment earnings which have accruedin excess of five hundred million dollars in theInitial Proceeds Account for any purpose for

Tax Trust Fund shall be considered escrowed

of two-thirds of the members of the State

§10. Louisiana Investment Fund forEnhancement

Section 10.(A) The Louisiana InvestmentFund for Enhancement is established as aspecial fund in the state treasury. All revenuesreceived by the state from the production ofoil and gas within the state shall be depositedin the state treasury and credited to the BondSecurity and Redemption Fund in accordancewith the provisions of Article VII, Section 9,and shall be remitted to the politicalsubdivisions of the state pursuant to ArticleVII, Section 4. In each fiscal year out of thefunds remaining in the Bond Security andRedemption Fund, after a sufficient amounthas been allocated for the payment ofobligations secured by the full faith and creditof the state which become due and payablewithin the fiscal year, the treasurer shall creditan amount equal to the windfall revenues fromoil and gas priced deregulation to theLouisiana Investment Fund for Enhancement.

(B) As used in this Section, "windfallrevenues from oil and gas price deregulation"means those revenues received by the statein a fiscal year which are in excess of the

PAGE -87- Louisiana Constitution of 1974 ART.X(as amended November 3, 1998)

base for that particular fiscal year, ascalculated in accordance with this Paragraph.The base for fiscal year 1981-1982 shall bethe estimated level of collections for oil, gas,and other severance taxes and from oil andgas production royalties in fiscal year 1980-1981, which for the purposes hereof shall beone billion eighty-five million dollars,calculated as follows:

(1) Seven hundred sixty million dollarsfrom oil, gas, and other severance taxes; and

(2) Three hundred twenty-five milliondollars from oil and gas royalty payments,excluding bonuses and rentals.

In each subsequent fiscal year, the statetreasurer shall calculate the windfall revenuesfrom oil and gas price deregulation for thatfiscal year by determining a new base asfollows: The base for the previous fiscal yearshall be multiplied by the most recent annualchange in the consumer price index and thenthe product shall be added to the base for theprevious fiscal year.

(C) The state treasurer shall invest themonies in the Louisiana Investment Fund forEnhancement in the manner provided by law.Interest from the investment shall be creditedto the general fund.

(D) Monies credited to the LouisianaInvestment Fund for Enhancement may beexpended only pursuant to an appropriationenacted by the vote of two-thirds of theelected members of each house of thelegislature.

(E) The legislature shall have the authorityto enact any legislation with regard to theLouisiana Investment Fund for Enhancementnot inconsistent with the provisions of thisSection.

ARTICLE X.PUBLIC OFFICIALS AND EMPLOYEES

PART I. STATE AND CITY CIVIL SERVICE

§1. Civil Service Systems

Section 1. (A) State Civil Service. The state civilservice is established and includes all persons holdingoffices and positions of trust or employment in the employ ofthe state, or any instrumentality thereof, and any jointstate and federal agency, joint state and parochial agency,or joint state and municipal agency, regardless of thesource of the funds used to pay for such employment. It shallnot include members of the state police service as providedin Part IV of this Article or persons holding offices andpositions of any municipal board of health or localgovernmental subdivision.

(B) City Civil Service. The city civil service isestablished and includes all persons holding offices andpositions of trust or employment in the employ of each cityhaving over four hundred thousand population and in everyinstrumentality thereof. However, paid firemen andmunicipal policemen may be excluded if a majority of theelectors in the affected city voting at an election held forthat purpose approve their exclusion. The election shall becalled by the municipal governing authority within one yearafter the effective date of this constitution.

§2. Classified and Unclassified Service

Section 2. (A) Classified Service. The state and citycivil service is divided into the unclassified and theclassified service. Persons not included in the unclassifiedservice are in the classified service.

(B) Unclassified Service. The unclassified serviceshall include the following officers and employees in thestate and city civil service:

(1) elected officials and persons appointed to fillvacancies in elective offices;

(2) the heads of each principal executive departmentappointed by the governor, the mayor, or the governingauthority of a city;

(3) city attorneys;

(4) registrars of voters;

(5) members of state and city boards, authorities, andcommissions;


(6) one private secretary to the president of each the classified employees of the state from their number ascollege or university; provided by law. A vacancy for any cause shall be filled by

(7) one person holding a confidential position and one law governing the original appointment or election, and fromprincipal assistant or deputy to any officer, board, the same source. Within thirty days after a vacancy occurs,commission, or authority mentioned in (1), (2), (4), or (5) the president concerned shall submit the requiredabove, except civil service departments; nominations. Within thirty days thereafter, the governor

(8) members of the military or naval forces; within thirty days, the nominee whose name is first on the

(9) teaching and professional staffs, and commission. If any nominating authority fails to submitadministrative officers of schools, colleges, and nominees in the time required, or if one of the nameduniversities of the state, and bona fide students of those institutions ceases to exist, the governor shall make theinstitutions employed by any state, parochial, or municipal appointment to the commission.agency;

(10) employees, deputies, and officers of thelegislature and of the offices of the governor, lieutenantgovernor, attorney general, each mayor and city attorney, ofpolice juries, school boards, assessors, and of all officesprovided for in Article V of this constitution except theoffices of clerk of the municipal and traffic courts in NewOrleans;

(11) commissioners of elections, watchers, andcustodians and deputy custodians of voting machines; and

(12) railroad employees whose working conditions andretirement benefits are regulated by federal agencies inaccordance with federal law.

Additional positions may be added to the unclassifiedservice and those positions may be revoked by rules adoptedby a commission.

§3. State Civil Service Commission

Section 3. (A) Composition. The State Civil ServiceCommission is established and shall be domiciled in thestate capital. It shall be composed of seven members who areelectors of this state, four of whom shall constitute aquorum. No more than one appointed member shall be from eachcongressional district.

(B) Appointment. The members shall be appointed by thegovernor, as hereinafter provided, for overlapping terms ofsix years.

(C) Nominations. The presidents of Centenary College atShreveport, Dillard University at New Orleans, LouisianaCollege at Pineville, Loyola University at New Orleans,Tulane University of Louisiana at New Orleans, and XavierUniversity at New Orleans, after giving consideration torepresentation of all groups, each shall nominate threepersons. The governor shall appoint one member of thecommission from the three persons nominated by eachpresident. One member of the commission shall be elected by

appointment or election in accordance with the procedure or

shall make his appointment. If the governor fails to appoint

list of nominees automatically shall become a member of the


§4. City Civil Service Commission

Section 4. (A) Creation; Membership; Domicile. A citycivil service commission shall exist in each city having apopulation exceeding four hundred thousand. The domicile ofeach commission shall be in the city it serves. Eachcommission shall be composed of five members, who areelectors of the city, three of which shall constitute aquorum. The members shall serve overlapping terms of six §5. Removalyears as hereinafter provided.

(B) New Orleans; Nomination and Appointment. In New service commission may be removed by the governor or theOrleans, the presidents of Dillard University, Loyola governing authority, as the case may be, for cause, afterUniversity, Tulane University of Louisiana, and Xavier being served with written specifications of the chargesUniversity, after giving consideration to representation of against him and being afforded an opportunity for a publicall groups, each shall nominate three persons. In addition, hearing thereon by the appointing authority. the employees in the classified service of the city of NewOrleans shall nominate three persons in the classifiedservice of the city of New Orleans by means of an electioncalled for that purpose. The municipal governing authorityshall appoint one member of the commission from the threepersons nominated by each nominating authority.

(C) Other Cities; Nominations and Appointment. In eachother city subject to this Section, the presidents of anyfive institutions of higher education in the state, selectedby the governing authority of the respective city, eachshall nominate three persons, after giving consideration torepresentation of all groups. The municipal governingauthority shall appoint one member of the commission fromthe three persons nominated by each.

(D) Vacancies. A vacancy shall be filled by appointmentin accordance with the procedure for the originalappointment and from the same source. Within thirty daysafter a vacancy occurs, in a seat held by a universitynominee, the university president concerned shall submit therequired nominations. Within sixty days after this amendmentis ratified by the electors of the state of Louisiana, andwhen a vacancy occurs in a seat held by a nominee nominated byemployees in the classified service, there shall be held anelection at which the employees in the classified serviceshall nominate three persons in accordance with thisSection. Within thirty days thereafter, the municipalgoverning authority shall make the appointment. If themunicipal governing authority fails to appoint within thethirty days, the nominee whose name is first on the list ofnominees automatically shall become a member of thecommission. If one of the nominating authorities fails tosubmit nominees in the time required, or if one of the namedinstitutions ceases to exist, the municipal governingauthority shall make the appointment.

(E) New Orleans; Implementation of Certain Member. Themember appointed from nominations by the classifiedemployees of the city of New Orleans shall be the successorto the member nominated by the president of St. Mary'sDominican College and the initial member so appointed shalltake office at the expiration of the term of the member whotook office on April 30, 1987.

Section 5. A member of the state or of a city civil

§6. Department of Civil Service; Directors

Section 6. (A) State Department. A Department of StateCivil Service is established in the executive branch of thestate government.

(B) City Departments. A department of city civil serviceshall exist in each city having a population exceeding fourhundred thousand.

(C) Directors. Each commission shall appoint adirector, after competitive examination, who shall be in theclassified service. He shall be the administrative head ofhis department. Each director shall appoint personnel andexercise powers and duties to the extent prescribed by thecommission appointing him.

§7. Appointments; Promotions

Section 7. Permanent appointments and promotions in theclassified state and city service shall be made only aftercertification by the appropriate department of civil serviceunder a general system based upon merit, efficiency,fitness, and length of service, as ascertained byexamination which, so far as practical, shall becompetitive. The number to be certified shall not be lessthan three; however, if more than one vacancy is to befilled, the name of one additional eligible for each vacancymay be certified. Each commission shall adopt rules for themethod of certifying persons eligible for appointment,promotion, reemployment, and reinstatement and shallprovide for appointments defined as emergency and temporaryappointments if certification is not required.

§8. Appeals Section 8. (A) Disciplinary Actions. No person who hasgained permanent status in the classified state or city


service shall be subjected to disciplinary action except for and transactions; to adopt a uniform pay and classificationcause expressed in writing. A classified employee subjected plan; to require an appointing authority to institute anto such disciplinary action shall have the right of appeal to employee training and safety program; and generally tothe appropriate commission pursuant to Section 12 of this accomplish the objectives and purposes of the merit systemPart. The burden of proof on appeal, as to the facts, shall be of civil service as herein established. It may makeon the appointing authority. recommendations with respect to employee training and

(B) Discrimination. No classified employee shall bediscriminated against because of his political or religious (2) Veterans. The state and city civil servicebeliefs, sex, or race. A classified employee so departments shall accord a five-point preference in originaldiscriminated against shall have the right of appeal to the appointment to each person who served honorably in the armedappropriate commission pursuant to Section 12 of this Part. forces of the United States during a war declared by theThe burden of proof on appeal, as to the facts, shall be on United States Congress; or in a peacetime campaign orthe employee. expedition for which campaign badges are authorized; or

§9. Prohibitions Against Political Activities

Section 9. (A) Party Membership; Elections. No member ofa civil service commission and no officer or employee in theclassified service shall participate or engage in politicalactivity; be a candidate for nomination or election topublic office except to seek election as the classifiedstate employee serving on the State Civil ServiceCommission; or be a member of any national, state, or localcommittee of a political party or faction; make or solicitcontributions for any political party, faction, orcandidate; or take active part in the management of theaffairs of a political party, faction, candidate, or anypolitical campaign, except to exercise his right as acitizen to express his opinion privately, to serve as acommissioner or official watcher at the polls, and to casthis vote as he desires.

(B) Contributions. No person shall solicitcontributions for political purposes from any classifiedemployee or official or use or attempt to use his position inthe state or city service to punish or coerce the politicalaction of a classified employee.

(C) Political Activity Defined. As used in this Part,"political activity" means an effort to support or opposethe election of a candidate for political office or tosupport a particular political party in an election. Thesupport of issues involving bonded indebtedness, taxreferenda, or constitutional amendments shall not beprohibited.

§10. Rules; Investigations; Wages and Hours

Section 10.(A) Rules. (1) Powers. Each commission isvested with broad and general rule-making and subpoenapowers for the administration and regulation of theclassified service, including the power to adopt rules forregulating employment, promotion, demotion, suspension,reduction in pay, removal, certification, qualifications,political activities, employment conditions, compensationand disbursements to employees, and other personnel matters

safety.

during war period dates or dates of armed conflicts asprovided by state law enacted by two-thirds of the electedmembers of each house of the legislature. The state and citycivil service departments shall accord a ten-pointpreference in original appointment to each honorablydischarged veteran who served either in peace or in war andwho has one or more disabilities recognized asservice-connected by the Veterans Administration; to thespouse of each veteran whose physical condition precludeshis or her appointment to a civil service job in his or herusual line of work; to the unremarried widow of each deceasedveteran who served in a war period, as defined above, or in apeacetime campaign or expedition; or to the unremarriedwidowed parent of any person who died in active wartime orpeacetime service or who suffered total and permanentdisability in active wartime or peacetime service; or thedivorced or separated parents of any person who died inwartime or peacetime service or who became totally andpermanently disabled in wartime or peacetime service.However, only one ten-point preference shall be allowed inthe original appointment to any person enumerated above. Ifthe ten-point preference is not used by the veteran, eitherbecause of the veteran's physical or mental incapacity whichprecludes his appointment to a civil service job in his usualline of work or because of his death, the preference shall beavailable to his spouse, unremarried widow, or eligibleparents as defined above, in the order specified. However,any such preference may be given only to a person who hasattained at least the minimum score required on each test andwho has received at least the minimum rating required foreligibility.

(3) Layoffs; Preference Employees. When a position inthe classified service is abolished, or needs to be vacatedbecause of stoppage of work from lack of funds or othercauses, preference employees (ex-members of the armed forcesand their dependents as described in this Section) whoselength of service and efficiency ratings are at least equalto those of other competing employees shall be retained inpreference to all other competing employees. However, whenany function of a state agency is transferred to, or when astate agency is replaced by, one or more other stateagencies, every preference employee in classifications and


performing functions transferred, or working in the stateagency replaced, shall be transferred to the replacing stateagency or agencies for employment in a position for which heis qualified before that state agency or agencies appointadditional employees for such positions from eligible lists.The appointing authority shall give the director writtennotice of any proposed lay-off within a reasonable length oftime before its effective date, and the director shall issueorders relating thereto which he considers necessary tosecure compliance with the rules. No rule, regulation, orpractice of the commission, of any agency or department, orof any official of the state or any political subdivisionshall favor or discriminate against any applicant oremployee because of his membership or non-membership in anyprivate organization; but this shall not prohibit any stateagency, department, or political subdivision fromcontracting with an employee organization with respect towages, hours, grievances, working conditions, or otherconditions of employment in a manner not inconsistent withthis constitution, a civil service law, or a valid rule orregulation of a commission.

(4) Effect. Rules adopted pursuant hereto shall have theeffect of law and be published and made available to thepublic. Each commission may impose penalties for violationof its rules by demotion in or suspension or discharge fromposition, with attendant loss of pay.

(B) Investigations. Each commission may investigateviolations of this Part and the rules, statutes, orordinances adopted pursuant hereto.

(C) Wages and Hours. Any rule or determination affectingwages or hours shall have the effect of law and becomeeffective only after approval by the governor or theappropriate governing authority.

§11. Penalties located, upon application filed with the commission within

Section 11. Willful violation of any provision of thisPart shall be a misdemeanor punishable by a fine of not morethan five hundred dollars or by imprisonment for not morethan six months, or both.

§12. Appeal

Section 12. (A) State. The State Civil ServiceCommission shall have the exclusive power and authority tohear and decide all removal and disciplinary cases, withsubpoena power and power to administer oaths. It may appointa referee, with subpoena power and power to administeroaths, to take testimony, hear, and decide removal anddisciplinary cases. The decision of a referee is subject toreview by the commission on any question of law or fact uponthe filing of an application for review with the commissionwithin fifteen calendar days after the decision of thereferee is rendered. If an application for review is nottimely filed with the commission, the decision of thereferee becomes the final decision of the commission as ofthe date the decision was rendered. If an application forreview is timely filed with the commission and, after areview of the application by the commission, the applicationis denied, the decision of the referee becomes the finaldecision of the commission as of the date the application isdenied. The final decision of the commission shall besubject to review on any question of law or fact upon appealto the court of appeal wherein the commission is located,upon application filed with the commission within thirtycalendar days after its decision becomes final. Any refereeappointed by the commission shall have been admitted to thepractice of law in this state for at least three years priorto his appointment.

(B) Cities. Each city commission established by Part Iof this Article shall have the exclusive power and authorityto hear and decide all removal and disciplinary cases, withsubpoena power and power to administer oaths. It may appointa referee to take testimony, with subpoena power and power toadminister oaths to witnesses. The decision of a commissionshall be subject to review on any question of law or fact uponappeal to the court of appeal wherein the commission is

thirty calendar days after its decision becomes final.


Section 13. (A) State. The legislature shall makeadequate annual appropriations to the State Civil ServiceCommission and to the Department of State Civil Service toenable them to implement this Part efficiently andeffectively. The amount so appropriated shall not be subjectto veto by the governor.

(B) Cities. Each city subject to this Part shall makeadequate annual appropriations to enable its civil servicecommission and department to implement this Part efficientlyand effectively.

§14. Acceptance of Act; Other Cities, Parishes, City andParish Governed Jointly


Section 14. (A) Local Option. Each city having a No law enacted after the effective date of thispopulation exceeding ten thousand but not exceeding four constitution establishing a civil service system applicablehundred thousand, each parish, and each parish governed to one or more parishes or to one or more municipalitiesjointly with one or more cities under a plan of government, having a population of less than four hundred thousand shallhaving a population exceeding ten thousand, according to thebe effective in any parish or in any municipality untillatest official decennial federal census, may elect to be approved by ordinance adopted by the governing authority ofgoverned by this Part by a majority vote of its electors the parish or municipality. voting at an election held for that purpose. The electionshall be ordered and held by the city, the parish, or thecity-parish, as the case may be, upon (a) the adoption of anordinance by the governing authority calling the election;or (b) the presentation to the governing authority of apetition calling for such an election signed by electorsequal in number to five percent of the registered voters ofthe city, the parish, or the city-parish, as the case may be.

(B) Acceptance. If a majority of the electors vote toadopt this Part, its provisions shall apply permanently tothe city, the parish, or the city-parish, as the case may be,and shall govern it as if this Part had originally applied toit. In such case, all officers and employees of the city, theparish, or the city-parish, as the case may be, who haveacquired civil service status under a civil service systemestablished by legislative act, city charter, or otherwise,shall retain that status and thereafter shall be subject toand be governed by this Part and the rules and regulationsadopted under it.

(C) Rejection. If a majority of the electors voteagainst the adoption of this Part, the question of itsadoption shall not be resubmitted to the voters of thepolitical subdivision within one year thereafter.

§15. City, Parish Civil Service System; Creation;Prohibition

Section 15. Nothing in this Part shall prevent theestablishment by the legislature, or by the respectiveparish governing authority, of a parish civil service systemin one or more parishes, applicable to any or all parishemployees, except teaching and professional staffs andadministrative officers of schools, or the establishment bythe legislature or by the respective municipal governingauthority of a municipal civil service system in one or moremunicipalities having a population of less than four hundredthousand, in any manner now or hereafter provided by law.However, paid firemen and paid municipal policemen in amunicipality operating a regularly paid fire and policedepartment and having a population exceeding thirteenthousand, and paid firemen in all parishes and in fireprotection districts, are expressly excluded from such acivil service system.

Nothing in this Part shall permit inclusion in the localcivil service of officials and employees listed in Section 2of this Article.

PART II. FIRE AND POLICE CIVIL SERVICE

§16. Establishment of System

Section 16. A system of classified fire and police civilservice is created and established. It shall apply to allmunicipalities having a population exceeding thirteenthousand and operating a regularly paid fire and municipalpolice department and to all parishes and fire protectiondistricts operating a regularly paid fire department.

§17. Appointments and Promotions

Section 17. Permanent appointments and promotions inmunicipal fire and police civil service shall be made onlyafter certification by the applicable municipal fire andpolice civil service board under a general system based uponmerit, efficiency, fitness, and length of service asprovided in Article XIV, Section 15.1 of the Constitution of1921, subject to change by law enacted by two-thirds of theelected members of each house of the legislature.

§18. Prior Provisions

Section 18. Except as inconsistent with this Part, theprovisions of Article XIV, Section 15.1 of the Constitutionof 1921 are retained and continued in force and effect asstatutes. By law enacted by two-thirds of the electedmembers of each house, the legislature may amend orotherwise modify any of those provisions, but it may notabolish the system of classified civil service for suchfiremen and municipal policemen or make the systeminapplicable to any municipality having a populationexceeding thirteen thousand according to the latestdecennial federal census or to any parish or fire protectiondistrict operating a regularly paid fire department.However, in a municipality having a population exceedingfour hundred thousand, paid firemen and municipal policemenshall be included if a majority of the electors thereinvoting at an election held for that purpose approve theirinclusion. Such an election shall be called by the governingauthority of the affected city within one year after theeffective date of this constitution.

§19. Exclusion

Section 19. Nothing in Part I of this Articleauthorizing cities or other political subdivisions to be


placed under the provisions of said Part by election, act of Conviction upon impeachment shall result in immediatethe legislature, or ordinance of the local governing removal from office. Nothing herein shall prevent otherauthority shall authorize the inclusion in a city civil action, prosecution, or punishment authorized by law. service system of firemen and policemen in any municipalityhaving a population greater than thirteen thousand but fewerthan four hundred thousand and operating a regularly paidfire and municipal police department or in any parish or fireprotection district operating a regularly paid firedepartment. Such firemen and policemen are expresslyexcluded from any such system.

§20. Political Activities record.

Section 20. Article XIV, Section 15.1, Paragraph 34 ofthe Constitution of 1921 is retained and continued in forceand effect.

PART III. OTHER PROVISIONS

§21. Code of Ethics

Section 21. The legislature shall enact a code of ethicsfor all officials and employees of the state and itspolitical subdivisions. The code shall be administered byone or more boards created by the legislature withqualifications, terms of office, duties, and powers providedby law. Decisions of a board shall be appealable, and thelegislature shall provide the method of appeal.

§22. Dual Employment and Dual Officeholding

Section 22. The legislature shall enact laws definingand regulating dual employment and defining, regulating, andprohibiting dual officeholding in state and localgovernment.

§23. Compensation of Elected Public Officials; Reduction

Section 23. The compensation of an elected publicofficial shall not be reduced during the term for which he iselected.

§24. Impeachment

Section 24. (A) Persons Liable. A state or districtofficial, whether elected or appointed, shall be liable toimpeachment for commission or conviction, during his term ofoffice of a felony or for malfeasance or gross misconductwhile in such office.

(B) Procedure. Impeachment shall be by the House ofRepresentatives and trial by the Senate, with senators underoath or affirmation for the trial. The concurrence of two-thirds of the elected senators shall be necessary toconvict. The Senate may try an impeachment whether or not theHouse is in session and may adjourn when it deems proper.

§25. Removal by Suit; Officials Subject

Section 25. For the causes enumerated in Paragraph (A)of Section 24 of this Article, the legislature shall provideby general law for the removal by suit of any state,district, parochial, ward, or municipal official except thegovernor, lieutenant governor, and judges of the courts of

§26. Recall

Section 26. The legislature shall provide by general lawfor the recall by election of any state, district,parochial, ward, or municipal official except judges of thecourts of record. The sole issue at a recall election shallbe whether the official shall be recalled.

§27. Filling of Vacancies

Section 27. (A) Gubernatorial Appointment; Election. Ifno other provision therefor is made by this constitution, bystatute, by local government charter, by home rule charteror plan of government, or by ordinance, the governor may filla vacancy occurring in any elective office. When a vacancyoccurs in the office and the unexpired portion of the termexceeds one year, the vacancy shall be filled at an election,as provided by law, and the appointment shall be effectiveonly until a successor takes office.

(B) Qualifications. Nothing in this Section shallchange the qualifications for any office, and everyappointee must be otherwise eligible to hold the office towhich appointed.

§28. Definition of Vacancy

Section 28. A vacancy, as used in this Constitution,shall occur in the event of death, resignation, removal byany means, or failure to take office for any reason.


§29. Retirement and Survivor's Benefits

Section 29. (A) Public School Employees. Thelegislature shall provide for retirement of teachers andother employees of the public educational system throughestablishment of one or more retirement systems. Membershipin such a retirement system shall be a contractualrelationship between employee and employer, and the stateshall guarantee benefits payable to a member or retiree or tohis lawful beneficiary upon his death.

(B) Other Officials and Employees. The legislatureshall enact laws providing for retirement of officials andemployees of the state, its agencies, and its politicalsubdivisions, including persons employed jointly by stateand federal agencies other than those in military service,through the establishment of one or more retirement systems.Membership in any retirement system of the state or of apolitical subdivision thereof shall be a contractualrelationship between employee and employer, and the stateshall guarantee benefits payable to a member of a stateretirement system or retiree or to his lawful beneficiaryupon his death.

(C) Retirement Systems; Change; Notice. No proposal toeffect any change in existing laws or constitutionalprovisions relating to any retirement system for publicemployees shall be introduced in the legislature unlessnotice of intention to introduce the proposal has beenpublished, without cost to the state, in the official statejournal on two separate days. The last day of publicationshall be at least thirty days before introduction of thebill. The notice shall state the substance of thecontemplated law or proposal, and the bill shall contain arecital that the notice has been given.

(D) Compensation for Survivors of Law EnforcementOfficers and Firemen. The legislature shall establish asystem, including the expenditure of public funds, forcompensating the surviving spouses and dependent children oflaw enforcement officers, firemen, and personnel, as definedby law, who die, or who died after June 30, 1972, as a resultof injury sustained in the performance of official duties orin the protection of life or property while on or off duty.

(E) Actuarial Soundness. (1) The actuarial soundness ofstate and statewide retirement systems shall be attained andmaintained and the legislature shall establish, by law, foreach state or statewide retirement system, the particularmethod of actuarial valuation to be employed for purposes ofthis Section.

(2) For public retirement systems whose benefits areguaranteed by this constitution as is specified inParagraphs (A) and (B) of this Section:

(a) The legislature shall, by law, determine and set all

required contributions to be made by members. However, untilthe unfunded accrued liability referenced in (c) below iseliminated, this determination and setting shall not causethe ratio of employee contributions to total contributions,on the basis of each particular plan or classificationwithin each particular retirement system, to exceed suchratio as it existed on January 1, 1987. Upon elimination ofthe unfunded accrued liability referenced in (c) below, thisdetermination and setting shall not cause a member'scontribution to exceed an amount contributed on his behalfas an employer contribution.

(b) The legislature shall, in each fiscal year, by law,provide an amount necessary to fund the employer portion ofthe normal cost, which shall be determined in accordancewith the method of valuation established under (1) above.

(c) The legislature shall, in each fiscal year, by law,provide for the amortization of the unfunded accruedliability existing as of June 30, 1988, which shall bedetermined in accordance with the method of valuationselected in (1) above, by the year 2029, commencing withFiscal Year 1989-1990.

(d) Amounts provided for under (b) and (c) above arehereby guaranteed payable, each fiscal year, to eachretirement system covered herein. If, for any fiscal year,the legislature fails to provide these guaranteed payments,upon warrant of the governing authority of the retirementsystem, following the close of said fiscal year, the statetreasurer shall pay the amount guaranteed directly from thestate general fund.

(3) For statewide public retirement systems not coveredby Paragraphs (A) and (B) of this Section, the legislatureshall determine all required contributions to be made bymembers, contributions to be made by employers, anddedicated taxes required for the sound actuarial maintenanceof the systems, including the elimination of the unfundedaccrued liability as of the end of the 1988-1989 Fiscal Year,under the method of valuation selected under (1) above, bythe year 2029, commencing with Fiscal Year 1989-1990.

(4) For all state and statewide public retirementsystems, neither the state nor the governing authority ofsuch system shall take any action that shall cause theactuarial present value of expected future expenditures ofthe retirement system to exceed or further exceed the sum ofthe current actuarial value of assets and the actuarialpresent value of expected future receipts of the retirementsystem, except with respect to the following:

(a) Normal business operating expenses of theretirement system.

(b) Capital outlay expenditures of the retirementsystem.


(c) Management of investments of the retirement system. (B) The provisions of Paragraph (A) shall not apply to

(d) Cost-of-living increases to retirees, as provided or appointed position set forth in Paragraph (A) and who isby law, provided the retirement system is approaching also a member on January 1, 1997 of a retirement systemactuarial soundness as provided by law, and the granting of covering that position.such increase does not cause an increase in the actuariallyrequired contribution rate. (C) The provisions of this Section shall not apply to

(5) All assets, proceeds, or income of the state and Compensation Plan, or its successor.statewide public retirement systems, and all contributionsand payments made to the system to provide for retirement and (D) This Section shall become effective on January 1,related benefits shall be held, invested as authorized by 1997.law, or disbursed as in trust for the exclusive purpose ofproviding such benefits, refunds, and administrativeexpenses under the management of the boards of trustees andshall not be encumbered for or diverted to any other purpose.The accrued benefits of members of any state or statewidepublic retirement system shall not be diminished orimpaired. Future benefit provisions for members of the stateand statewide public retirement systems shall only bealtered by legislative enactment.

§29.1. Part-time Public Officials

Section 29.1.(A) Except as provided in Paragraph (B),the following elected or appointed officials are herebydeemed to be part-time public servants who, based on suchpart-time service, shall not participate in, or receivecredit for service in, any public retirement system, fund,or plan sponsored by the state of Louisiana or anyinstrumentality or political subdivision thereof:

(1) Any legislator or any member of a school board, leveeboard, police jury, or parish council.

(2) Any member of a city council, city-parish council,or town council or any alderman or any constable.

(3) Any member of a board or commission established bythe state of Louisiana or any instrumentality or politicalsubdivision thereof unless authorized by law enacted by two-thirds of the elected members of each house.

(4) Any person holding or serving in any other elected orappointed position or office defined to be part-time publicservice by law enacted by two-thirds of the elected membersof each house.

any person who is serving on January 1, 1997, in any elected

participation in the Louisiana Public Employees Deferred

§30. Oath of Office

Section 30. Every official shall take the following oathor affirmation: "I, . . . ., do solemnly swear (or affirm)that I will support the constitution and laws of the UnitedStates and the constitution and laws of this state and that Iwill faithfully and impartially discharge and perform allthe duties incumbent upon me as . . . ., according to the bestof my ability and understanding, so help me God."

PART IV. STATE POLICE SERVICE

§41. State Police Service

Section 41. (A) Service Established. The state policeservice is established and includes all regularlycommissioned full-time law enforcement officers employed bythe Department of Public Safety and Corrections, office ofstate police, or its successor, who are graduates of thestate police training academy course of instruction and arevested with full state police powers, as provided by law, andpersons in training to become such officers.

(B) Implementation. The provisions of this Part IV shallbecome effective on January 1, 1991; however, prior to thatdate members of the State Police Commission shall beselected and take office and shall adopt rules and takeactions necessary to implement this Part on January 1, 1991.

§42. Classified and Unclassified Service

Section 42. (A) Classified Service. The state policeservice is divided into the unclassified and the classifiedservice. Persons not included in the unclassified serviceare in the classified service.

(B) Unclassified Service. The State Police Commissionshall determine those positions which shall be in theunclassified service and may provide that any such positionshall become classified.

§43. State Police Commission


Section 43. (A) Composition. The State Police ascertained by examination which, so far as practical, shallCommission is established and shall be domiciled in the be competitive. The number to be certified shall not be lessstate capital. It shall be composed of seven members who arethan three; however, if more than one vacancy is to beelectors of this state, four of whom shall constitute a filled, the name of one additional person eligible for eachquorum. No more than one appointed member shall be from eachvacancy may be certified. The commission shall adopt rulescongressional district. No appointed member shall for the method of certifying persons eligible forconcurrently serve on another board or commission whose appointment, promotion, reemployment, and reinstatement andpurpose is similar to that of the State Police Commission. shall provide for appointments defined as emergency and

(B) Appointment. The members shall be selected, ashereinafter provided, for terms of six years, after initialterms of one year, two years, three years, four years, fiveyears, and six years for the appointed members, asdesignated by the governor, and six years for the electedmember.

(C) Nominations. The presidents of Centenary College atShreveport, Dillard University at New Orleans, LouisianaCollege at Pineville, Loyola University at New Orleans,Tulane University of Louisiana at New Orleans, and XavierUniversity at New Orleans, after giving consideration torepresentation of all groups, each shall nominate threepersons. The governor shall appoint one member of thecommission from the three persons nominated by eachpresident. One member of the commission shall be elected bythe classified state police officers of the state from theirnumber as provided by law. A vacancy for any cause shall befilled by appointment or election in accordance with theprocedure or law governing the original appointment orelection, and from the same source. Within thirty days aftera vacancy occurs, the president concerned shall submit therequired nominations. Within thirty days thereafter, thegovernor shall make his appointment. If the governor failsto appoint within thirty days, the nominee whose name isfirst on the list of nominees automatically shall become amember of the commission. If any nominating authority failsto submit nominees in the time required, or if one of thenamed institutions ceases to exist, the governor shall makethe appointment to the commission.

(D) Removal. An appointed member of the commission maybe removed by the governor for cause after being served withwritten specifications of the charges against him and beingafforded an opportunity for a public hearing thereon by thegovernor.

§44. Director

Section 44. The commission shall appoint a director andsuch personnel as shall be necessary to carry out its duties.

§45. Appointments; Promotions (C) Political Activity Defined. As used in this Part,

Section 45. Permanent appointments and promotions in the election of a candidate for political office or tothe classified state police service shall be made only after support a particular political party in an election. Thecertification by the director under a general system based support or opposition of a candidate seeking election as theupon merit, efficiency, fitness, and length of service, as classified state police officer member of the State Police

temporary appointments if certification is not required.

§46. Appeals

Section 46. (A) Disciplinary Actions. No person who hasgained permanent status in the classified state policeservice shall be subjected to disciplinary action except forcause expressed in writing. A classified state policeofficer subjected to such disciplinary action shall have theright of appeal to the commission. The burden of proof onappeal, as to the facts, shall be on the appointingauthority.

(B) Discrimination. No classified state police officershall be discriminated against because of his political orreligious beliefs, sex, or race. A classified state policeofficer so discriminated against shall have the right ofappeal to the commission. The burden of proof on appeal, asto the facts, shall be on the state police officer.

§47. Prohibitions Against Political Activities

Section 47. (A) Party Membership; Elections. No memberof the commission and no state police officer in theclassified service shall participate or engage in politicalactivity; be a candidate for nomination or election topublic office except to seek election as the classifiedstate police officer serving on the State Police Commission;or be a member of any national, state, or local committee of apolitical party or faction; make or solicit contributionsfor any political party, faction, or candidate; or takeactive part in the management of the affairs of a politicalparty, faction, candidate, or any political campaign, exceptto exercise his right as a citizen to express his opinionprivately, to serve as a commissioner or official watcher atthe polls, and to cast his vote as he desires.

(B) Contributions. No person shall solicitcontributions for political purposes from any classifiedstate police officer or use or attempt to use his position topunish or coerce the political action of a classified statepolice officer.

"political activity" means an effort to support or oppose


Commission, issues involving bonded indebtedness, tax (3) Layoffs; Preference Employees. When a position inreferenda, or constitutional amendments shall not be the classified state police service is abolished, or must beprohibited. vacated because of stoppage of work from lack of funds or

§48. Rules; Investigations; Wages and Hours

Section 48. (A) Rules. (1) Powers. The commission isvested with broad and general rulemaking and subpoena powersfor the administration and regulation of the classifiedstate police service, including the power to adopt rules forregulating employment, promotion, demotion, suspension,reduction in pay, removal, certification, qualifications,political activities, employment conditions, compensationand disbursements to employees, and other personnel mattersand transactions; to adopt a uniform pay and classificationplan; to require an appointing authority to institute anemployee training and safety program; and generally toaccomplish the objectives and purposes of the merit systemof state police service as herein established. It may makerecommendations with respect to employee training andsafety.

(2) Veterans. The director shall accord a five-pointpreference in original appointment to each person honorablydischarged, or discharged under honorable conditions fromthe armed forces of the United States who served in theVietnam Era from July 1, 1958 through May 7, 1975, except theperiod of July 1, 1958 through August 4, 1964, shall applyonly to those who served within the area known as the VietnamTheater, or in a peacetime campaign or expedition for whichcampaign badges are authorized. The director shall accord aten-point preference in original appointment to eachhonorably discharged veteran who served either in peace orin war and who has one or more disabilities recognized asservice-connected by the Veterans Administration; to thespouse of each veteran whose physical condition precludeshis or her appointment to the state police service; to theunremarried widow of each deceased veteran who served in awar period, as defined above, or in a peacetime campaign orexpedition; or to the unremarried widowed parent of anyperson who died in active wartime or peacetime service or whosuffered total and permanent disability in active wartime orpeacetime service; or the divorced or separated parents ofany person who died in wartime or peacetime service or whobecame totally and permanently disabled in wartime orpeacetime service. However, only one ten-point preferenceshall be allowed in the original appointment to any personenumerated above. If the ten-point preference is not used bythe veteran, either because of the veteran's physical ormental incapacity which precludes his appointment to theclassified state police service or because of his death, thepreference shall be available to his spouse, unremarriedwidow, or eligible parents as defined above, in the orderspecified. However, any such preference may be given only toa person who has attained at least the minimum score requiredon each test and who has received at least the minimum ratingrequired for eligibility.

other causes, preference employees (ex-members of the armedforces and their dependents as described in this Section)whose length of service and efficiency ratings are at leastequal to those of other competing employees shall beretained in preference to all other competing employees.However, when any function of the state police istransferred to, or when the state police is replaced by, oneor more other state agencies, every preference employee inclassifications and performing functions transferred, orworking in the state police, shall be transferred to thereplacing state agency or agencies for employment in aposition for which he is qualified before that state agencyor agencies appoint additional employees for such positionsfrom eligible lists. The appointing authority shall give thecommission written notice of any proposed lay-off within areasonable length of time before its effective date, and thecommission shall issue orders relating thereto which itconsiders necessary to secure compliance with the rules. Norule, regulation, or practice of the commission, of anyagency or department, or of any official of the state shallfavor or discriminate against any applicant or employeebecause of his membership or nonmembership in any privateorganization; but this shall not prohibit the Department ofPublic Safety and Corrections, office of state police, orits successor, from contracting with an employeeorganization with respect to wages, hours, grievances,working conditions, or other conditions of employment in amanner not inconsistent with this constitution, law, or avalid rule or regulation of the commission.

(4) Effect. Rules adopted pursuant hereto shall have theeffect of law and be published and made available to thepublic. The commission may impose penalties for violation ofits rules by demotion in or suspension or discharge fromposition, with attendant loss of pay.

PAGE -98- Louisiana Constitution of 1974 ART. XII(as amended November 3, 1998)

(B) Investigations. The commission may investigateviolations of this Part and the rules, statutes, orordinances adopted pursuant hereto.

(C) Wages and Hours. Any rule or determination affectingwages or hours shall have the effect of law and becomeeffective only after approval by the governor and subject toappropriation of sufficient funds by the legislature.

§49. Penalties

Section 49. Willful violation of any provision of thisPart shall be a misdemeanor punishable by a fine of not morethan five hundred dollars or by imprisonment for not morethan six months, or both.

§50. Appeal

Section 50. The State Police Commission shall have theexclusive power and authority to hear and decide all removaland disciplinary cases, with subpoena power and power toadminister oaths. It may appoint a referee to taketestimony, with subpoena power and power to administer oathsto witnesses. The decision of the commission shall besubject to review on any question of law or fact upon appealto the court of appeal wherein the commission is located,upon application filed with the commission within thirtycalendar days after its decision becomes final.


Section 51. The legislature shall make adequate annualappropriations to the State Police Commission to enable itto implement this Part efficiently and effectively. Theamount so appropriated shall not be subject to veto by thegovernor.

ARTICLE XI.ELECTIONS

§1. Election Code

Section 1. The legislature shall adopt an election codewhich shall provide for permanent registration of voters andfor the conduct of all elections.

§2. Secret Ballot; Absentee Voting; Preservation of Ballot

Section 2. In all elections by the people, voting shallbe by secret ballot. The legislature shall provide a methodfor absentee voting. Proxy voting is prohibited. Ballotsshall be counted publicly and preserved inviolate asprovided by law until any election contests have beensettled. In all elections by persons in a representativecapacity, voting shall be viva-voce.

§3. Privilege from Arrest

Section 3. While going to and returning from voting andwhile exercising the right to vote, an elector shall beprivileged from arrest, except for felony or breach of thepeace.

§4. Prohibited Use of Public Funds

Section 4. No public funds shall be used to urge anyelector to vote for or against any candidate or proposition,or be appropriated to a candidate or political organization.This provision shall not prohibit the use of public funds fordissemination of factual information relative to aproposition appearing on an election ballot.

§5. Registrar of Voters

Section 5. The governing authority of each parish shallappoint a registrar of voters, whose compensation, removalfrom office for cause, bond, powers, and functions shall beprovided by law. Upon qualifying as a candidate for otherpublic office, a registrar shall forfeit his office. No lawshall provide for the removal from office of a registrar bythe appointing authority.

ARTICLE XII.GENERAL PROVISIONS

§1. State Capital

Section 1. The capital of Louisiana is the city of BatonRouge.

§2. Civilian-Military Relations

Section 2. The military shall be subordinate to thecivil power.

§3. Right to Direct Participation

Section 3. No person shall be denied the right to observethe deliberations of public bodies and examine publicdocuments, except in cases established by law.

§4. Preservation of Linguistic and Cultural Origins

Section 4. The right of the people to preserve, foster,and promote their respective historic linguistic andcultural origins is recognized.

§5. Successions; Forced Heirship and Trusts

Section 5.(A) The legislature shall provide by law foruniform procedures of successions and for the rights of


heirs or legatees and for testate and intestate succession. (g) Location of sites for sale of tickets or shares andExcept as provided in Paragraph B of this Section, forced sites of determination of winners and awarding of prizes. heirship is abolished in this state.

(B) The legislature shall provide for the conduct a lottery. classification of descendants, of the first degree, twenty-three years of age or younger as forced heirs. The (B) Gambling. Gambling shall be defined by andlegislature may also classify as forced heirs descendants of suppressed by the legislature. any age who, because of mental incapacity or physicalinfirmity, are incapable of taking care of their persons or (C) Gaming, Gambling, or Wagering Referendum Elections.administering their estates. The amount of the forced (1)(a) No law authorizing a new form of gaming, gambling, orportion reserved to heirs and the grounds for disinherison wagering not specifically authorized by law prior to theshall also be provided by law. Trusts may be authorized by effective date of this Paragraph shall be effective norlaw and the forced portion may be placed in trust. shall such gaming, gambling, or wagering be licensed or

§6. Lotteries; Gaming, Gambling, or Wagering

Section 6. (A) Lotteries. The legislature may providefor the creation and operation of a state lottery and maycreate a special corporation for that purpose whoseemployees shall not be subject to state civil service. Thenet proceeds from the operation of the lottery shall bedeposited in a special fund created in the state treasuryentitled the Lottery Proceeds Fund. Amounts deposited in thefund shall not be appropriated for expenditure in the samecalendar year in which they are received. The legislaturemay appropriate from the fund for any purpose.

A law providing for the creation and operation of a statelottery, once enacted, may be modified only by a law enactedby two-thirds of the elected members of each house but may berepealed in its entirety by a law enacted by a majoritythereof. If such a law has been repealed, the legislaturethereafter may provide for the creation and operation of astate lottery only by law enacted by two-thirds of theelected members of each house.

No state general funds may be expended for the primarypurpose of inducing persons to participate in the lottery.However, state general funds may be expended for the purposeof reasonably informing the public solely about thefollowing factors pertaining to the operation andadministration of the lottery:

(a) The type or types of lottery to be conducted;

(b) The price or prices of tickets or shares in thelottery;

(c) The numbers and sizes of prizes;

(d) The approximate odds of winning;

(e) The manner of payment;

(f) Frequency and time of awarding of prizes;

No political subdivision of the state shall authorize or

permitted to be conducted in a parish unless a referendumelection on a proposition to allow such gaming, gambling, orwagering is held in the parish and the proposition isapproved by a majority of those voting thereon.

(b) No form of gaming, gambling, or wagering authorizedby law on the effective date hereof shall be licensed orpermitted to be conducted in a parish in which it was notheretofore being conducted, except licensed charitablegaming which may be conducted in any parish provided it isconducted in compliance with the law, pursuant to a statelicense or permit unless a referendum election on aproposition to allow such gaming, gambling, or wagering isheld in the parish and the proposition is approved by amajority of those voting thereon.

(2) No new license or permit shall be issued for theconducting of riverboat gaming, gambling, or wageringoperations or activities at a berth or docking facility in aparish in which such gaming, gambling, or wagering is thenbeing conducted, unless a referendum election on aproposition to allow such additional gaming, gambling, orwagering operations or activities has been held in theparish and the proposition has been approved by a majority ofthose voting thereon. In addition, no license or permitregardless of when issued shall be reissued, amended, orreplaced to authorize the holder to conduct riverboatgaming, gambling, or wagering operations or activities at aberth or docking facility different from that authorized inthe license or permit, unless a referendum election on aproposition to allow such gaming, gambling, or wageringoperations or activities has been held in the parish in whichthe proposed berth or docking facility is located and theproposition has been approved by a majority of those votingthereon.

(3) The legislature may at any time repeal statutesauthorizing gaming, gambling, or wagering.

(4) Notwithstanding Article III, Section 12, or anyother provision of this constitution, the legislature bylocal or special law may provide for elections onpropositions relating to allowing or prohibiting one or more


forms of gaming, gambling, or wagering authorized by (b) One person from a list of three names submitted bylegislative act. the Louisiana Association of Business and Industry, or by a

§7. State Penal Institutions; Reimbursement of ParishExpense

Section 7. The state shall reimburse a parish in which astate penal institution is located for expenses the parishincurs arising from crime committed in the institution or byan inmate thereof.

§8. Welfare, Unemployment Compensation, and Health

Section 8. The legislature may establish a system ofeconomic and social welfare, unemployment compensation, andpublic health.

§8.1. Worker's Compensation

Section 8.1. (A) Authorization. Notwithstanding anyother provision of this constitution to the contrary, andsubject to the conditions contained in this Section, thelegislature by law may create a private, nonprofitcorporation to provide worker's compensation insurance andto deliver related services as provided by law.

(B)(1) Loan, pledge, or donation by state.Notwithstanding any other provision of this constitution tothe contrary, the funds, credit, property, or things ofvalue of the state may be loaned, pledged, or donated to orfor the corporation under terms, conditions, or proceduresto be provided by law with specific applicability to thecorporation. However, any cash or negotiable instrumentadvanced to the corporation by the state shall be a loan andmay not be donated by the state.

(2) Full faith and credit. The corporation may rely onthe full faith and credit of the state of Louisiana for thepayment of legal obligations, for a period of five years oruntil such time as the United States Department of Laborapproves United States Longshore and Harbor Worker'sCompensation Act coverage by the corporation without suchsecurity, whichever occurs later.

(C) Board of directors.

(1) The board of directors for a corporation establishedpursuant to the authorization contained in Paragraph A ofthis Section shall consist of twelve members as follows:

(a) One person from a list of three names submitted bythe Louisiana American Federation of Labor and Congress ofIndustrial Organizations, or by a successor organizationrepresentative of organized labor to be designated by thelegislature in the event that the Louisiana AmericanFederation of Labor and Congress of Industrial Organizationsceases to exist.

successor organization representative of organized businessto be designated by the legislature in the event that theLouisiana Association of Business and Industry ceases toexist.

(c) Four persons, all residents of Louisiana, each ofwhom represents a for-profit business, provided that atleast one of these persons represents a business with ten orfewer employees, one of these persons represents a businesswith at least eleven but not more than fifty employees, oneof these persons represents a business with over fiftyemployees, and one of these persons represents a businesswith over one hundred employees.

(d) A member of the Senate who has management experiencein a for- profit business, who shall be a nonvoting ex-officio member.

(e) A member of the House of Representatives who hasmanagement experience in a for-profit business, who shall bea nonvoting ex-officio member.

(f) One agent licensed by the Department of Insurance tosell worker's compensation insurance in Louisiana, whopossesses executive level experience in the field ofworker's compensation insurance.

(g) One representative of insurers licensed by theDepartment of Insurance to issue worker's compensationinsurance policies in Louisiana, who possesses executivelevel experience in the field of worker's compensationinsurance.

(h) One representative of the state office of riskmanagement who possesses executive level experience in thefield of worker's compensation insurance.

(i) The insurance commissioner or his designee, whoshall be a nonvoting ex-officio member.

(2) The governor shall appoint the charter members tothe board, except that the president of the Senate shallappoint the Senate member and the speaker of the House shallappoint the House of Representatives member.

(3) The legislature shall provide by law for staggeredterms of board members. Those who hold policies issued by thecorporation will elect the successors to the four chartermembers representing for-profit businesses. The presidentof the Senate shall appoint the successors to the charterSenate member and the speaker of the House ofRepresentatives shall appoint the successors to the charterHouse of Representatives member. The governor shall continueto appoint all other members as initially provided.


(4) All gubernatorial appointees shall be confirmed by The legislature may provide that such limitations,the Senate in conformity with the procedures of Article IV, procedures, and effects of judgments shall be applicable toSection 5(H) of this constitution. existing as well as future claims. No judgment against the

(D) Corporation property separate. The corporation exigible, payable, or paid except from funds appropriatedshall not be a state agency. The property and assets of the therefor by the legislature or by the political subdivisioncorporation shall not be state property, shall not be against which the judgment is rendered.subject to appropriation by the legislature, shall not bedeposited in the state treasury, and shall consist of allpremiums collected from underwriting worker's compensationrisks, all reserves to pay future claims and all interestearned upon any monies invested by the corporation, anyproperties or securities acquired through the use of moniesbelonging to the corporation, all earnings of such propertyor securities, and all other monies received by thecorporation from any other source.

(E) Solvency. The corporation shall adopt actuariallysound rates and underwriting policies that insure thecorporation's solvency.

(F) Guaranty Fund. The corporation shall be exempt fromparticipation in and shall not join or contributefinancially to or be entitled to the protection of any plan,pool, association, or guaranty fund or insolvency fundauthorized or required pursuant to the Insurance Code.

§9. Exemptions From Seizure and Sale

Section 9. The legislature shall provide by law forexemptions from seizure and sale, as well as waivers of andexclusions from such exemptions. The exemption shall extendto at least fifteen thousand dollars in value of a homestead,as provided by law.

§10. Suits Against the State

Section 10.(A) No Immunity in Contract and Tort. Neitherthe state, a state agency, nor a political subdivision shallbe immune from suit and liability in contract or for injuryto person or property.

(B) Waiver in Other Suits. The legislature may authorizeother suits against the state, a state agency, or a politicalsubdivision. A measure authorizing suit shall waive immunityfrom suit and liability.

(C) Limitations; Procedure; Judgments. NotwithstandingParagraph (A) or (B) or any other provision of thisconstitution, the legislature by law may limit or providefor the extent of liability of the state, a state agency, or apolitical subdivision in all cases, including thecircumstances giving rise to liability and the kinds andamounts of recoverable damages. It shall provide a procedurefor suits against the state, a state agency, or a politicalsubdivision and provide for the effect of a judgment, but nopublic property or public funds shall be subject to seizure.

state, a state agency, or a political subdivision shall be

§11. Continuity of Government

Section 11. The legislature shall provide for orderlyand temporary continuity of state government, in periods ofemergency, until normal processes of government can bereestablished in accordance with the constitution and lawsof the state; and, except as otherwise provided by thisconstitution, for the prompt and temporary succession to thepowers and duties of public offices when incumbents becomeunavailable to perform their functions.

§12. Corporations; Perpetual or Indefinite Duration;Dissolution; Perpetual Franchises or Privileges

Section 12. Neither the state nor any politicalsubdivision shall grant a perpetual franchise or privilege;however, the legislature may authorize the organization ofcorporations for perpetual or indefinite duration. Everycorporation shall be subject to dissolution or forfeiture ofits charter or franchise, as provided by general law.

§13. Prescription Against State

Section 13. Prescription shall not run against the statein any civil matter, unless otherwise provided in thisconstitution or expressly by law.

PAGE -102- Louisiana Constitution of 1974 ART. XIV(as amended November 3, 1998)

§14. Administrative Agency Codes

Section 14. Rules, regulations, and procedures adoptedby all state administrative and quasi-judicial agencies,boards, and commissions shall be published in one or morecodes and made available to the public.

ARTICLE XIII.CONSTITUTIONAL REVISION

§1. Amendments

Section 1. (A) Procedure. An amendment to thisconstitution may be proposed by joint resolution at anyregular session of the legislature, but the resolution shallbe prefiled, at least ten days before the beginning of thesession, in accordance with the rules of the house in whichintroduced. An amendment to this constitution may beproposed at any extraordinary session of the legislature ifit is within the objects of the call of the session and isintroduced in the first five calendar days thereof. If two-thirds of the elected members of each house concur in theresolution, pursuant to all of the procedures andformalities required for passage of a bill except submissionto the governor, the secretary of state shall have theproposed amendment published once in the official journal ofeach parish within not less than thirty nor more than sixtydays preceding the election at which the proposed amendmentis to be submitted to the electors. Each joint resolutionshall specify the statewide election at which the proposedamendment shall be submitted. Special elections forsubmitting proposed amendments may be authorized by law.

(B) Form of Proposal. A proposed amendment shall have atitle containing a brief summary of the changes proposed;shall be confined to one object; and shall set forth theentire article, or the sections or other subdivisionsthereof, as proposed to be revised or only the article,sections, or other subdivisions proposed to be added.However, the legislature may propose, as one amendment, arevision of an entire article of this constitution which maycontain multiple objects or changes. A section or othersubdivision may be repealed by reference. When more than oneamendment is submitted at the same election, each shall besubmitted so as to enable the electors to vote on themseparately.

(C) Ratification. If a majority of the electors votingon the proposed amendment approve it, the governor shallproclaim its adoption, and it shall become part of thisconstitution, effective twenty days after the proclamation,unless the amendment provides otherwise. A proposedamendment directly affecting not more than five parishes orareas within not more than five parishes shall become part ofthis constitution only when approved by a majority of the

electors voting thereon in the state and also a majority ofthe electors voting thereon in each affected parish.However, a proposed amendment directly affecting not morethan five municipalities, and only such municipalities,shall become part of this constitution only when approved bya majority of the electors voting thereon in the state andalso a majority of the electors voting thereon in each suchmunicipality.

§2. Constitutional Convention

Section 2. Whenever the legislature considers itdesirable to revise this constitution or propose a newconstitution, it may provide for the calling of aconstitutional convention by law enacted by two-thirds ofthe elected members of each house. The revision or theproposed constitution and any alternative propositionsagreed upon by the convention shall be submitted to thepeople for their ratification or rejection. If the proposalis approved by a majority of the electors voting thereon, thegovernor shall proclaim it to be the Constitution ofLouisiana.

§3. Laws Effectuating Amendments

Section 3. Whenever the legislature shall submitamendments to this constitution, it may at the same sessionenact laws to carry them into effect, to become operativewhen the proposed amendments have been ratified.

ARTICLE XIV.TRANSITIONAL PROVISIONS

PART I.

§1. Board of Regents

Section 1. On the effective date of this constitution,each member of the Louisiana Coordinating Council for HigherEducation appointed by the governor whose term has notexpired shall become a member of the Board of Regents untilhis respective term expires. The governor shall appointadditional members required to complete the membership ofthe board in accordance with and to effectuate Article VIII,Section 5.

§2. Board of Supervisors of Louisiana State University andAgricultural and Mechanical College

Section 2. On the effective date of this constitution,each member of the Board of Supervisors of Louisiana StateUniversity and Agricultural and Mechanical College whoseterm has not expired shall become a member of the Board ofSupervisors of Louisiana State University and Agriculturaland Mechanical College until his term expires. The governor


shall appoint additional members required in accordance withand to effectuate Article VIII, Section 7.

§3. Board of Supervisors of Southern University otherwise, for a recess, during the 1975 and 1976 regular

Section 3. At the next session of the legislature days immediately after the first fifteen calendar days offollowing the effective date of this constitution, the the session. governor shall submit to the Senate for its consent the namesof his appointees to the Board of Supervisors of SouthernUniversity and Agricultural and Mechanical College inaccordance with and to effectuate Article VIII, Section 7.

§4. State Board of Elementary and Secondary Education; BoardCivil Service Commission shall continue in such position forof Trustees for State Colleges and Universities

Section 4. On the effective date of this constitution,each member of the State Board of Education whose term hasnot expired may elect to become a member of either the StateBoard of Elementary and Secondary Education or the Board ofTrustees for State Colleges and Universities. He shall serveuntil the expiration of the term for which he was elected.The legislature shall provide by law the procedures by whichthis right shall be exercised, the secretary of statenotified of those elections which must be held, and thegovernor notified of the appointments which must be made tocomplete the membership of the boards. The elections andappointments shall be made in accordance with and toeffectuate Article VIII, Sections 3 and 6.

§5. Boards; New Appointments

Section 5. In making new appointments to a board createdby Sections 5, 6, or 7 of Article VIII, the governor shallconsider appropriate representation on the board by alumniof the institutions under the control of the board.

§6. Mandatory Reorganization of State Government

Section 6. The legislature shall allocate, within notmore than twenty departments, the functions, powers, duties,and responsibilities of all departments, offices, agencies,and other instrumentalities within the executive branch,except those allocated by this constitution. The allocation,which shall not be subject to veto by the governor, shallbecome operative not later than December 31, 1977.

§7. Legislative Sessions

Section 7. The legislature shall provide, by rule or

annual sessions, which shall be for at least eight calendar

§8. Civil Service Commission; State; Cities

Section 8. (A) State Commission. Each person who, on theeffective date of this constitution, is a member of the State

the remainder of the term to which he was appointed. Withinthirty days after the effective date of this constitution,the president of Xavier University of Louisiana shall submitthree names to the governor for appointment to thecommission as provided in Article X, Section 3. Withinninety days after the effective date of this constitution,one member of the commission shall be elected by theclassified employees of the state from their number asprovided by law. The term of these appointees shall be sixyears. Within thirty days after the expiration of the term ofthe present member nominated by the president of LouisianaState University and Agricultural and Mechanical College,the president of Dillard University shall submit three namesto the governor for appointment to the commission asprovided in Article X, Section 3. The term of this appointeeshall be six years.

(B) City Commission. Each person who, on the effectivedate of this constitution, is a member of the New OrleansCity Civil Service Commission shall continue in suchposition for the remainder of the term to which he wasappointed. Within thirty days after the effective date ofthis constitution, the presidents of St. Mary's DominicanCollege and Xavier University of Louisiana each shall submitthree names to the governing body of the city for appointmentto the commission as provided in Article X, Section 4. Withinthirty days after the expiration of the term of the presentmember nominated by the governing body of the city, thepresident of Dillard University shall submit three names tothe governing body of the city for appointment to the NewOrleans City Civil Service Commission as provided in ArticleX, Section 4. The term of these appointees shall be sixyears.

§9. Civil Service Officers; Employees; State; Cities

Section 9. Upon the effective date of this constitution,all officers and employees of the state and of the citiescovered hereunder who have status in the classified serviceshall retain said status in the position, class, and rankthat they have on such date and shall thereafter be subjectto and governed by the provisions of this constitution andthe rules and regulations adopted under the authorityhereof.


§10. Offshore Mineral Revenues; Use of Funds

Section 10. Funds derived from offshore mineral leasesand held in escrow under agreement between the state and theUnited States pending settlement of the dispute between theparties shall be deposited in the state treasury whenreceived. Upon such settlement, these funds and the interestfrom their investment, except the portion otherwiseallocated or dedicated by this constitution, shall be usedby the state treasurer to purchase, retire, or pay in advanceof maturity the existing bonded indebtedness of the state orshall be invested for that purpose. If any of these fundscannot be so expended within one year, the legislature mayappropriate annually, for capital improvements or for thepurchase of land, ten percent of the remaining funds, not toexceed ten million dollars in one year.

§11. Prescription; Tidelands Taxes

Section 11. No state, district, parish, or other tax,license, fee, or assessment of any kind, and interestcharges and penalties attaching thereto, which are imposed,due, or collectible on any property, minerals or theseverance thereof, or due or payable by any person, firm, orcorporation on any business operation or activity within thetidelands area in dispute between the state and the UnitedStates and within the state's historic gulfward boundarythree leagues from coast, as established and defined by theAct of Congress of April 8, 1812, which admitted this stateinto the Union and as redefined in Louisiana Act No. 33 of1954, shall prescribe until three years after the thirty-first day of December in the year in which the controversyexisting between the United States and this state over thestate gulfward boundary is finally resolved and settled inaccordance with law. However, no interest charge or penaltyshall be assessed or collected on any such tax, license, fee,or assessment if it is paid within one year after the thirty-first day of December in the year in which the controversy isfinally resolved and settled.

§12. Forfeitures Prior to 1880

Section 12. Whenever any immovable property has beenforfeited or adjudicated to the state for nonpayment oftaxes due prior to January 1, 1880, and the state did not sellor dispose of it or dispossess the tax debtor or his heirs,successors, or assigns prior to the adoption of theConstitution of 1921, it shall be presumed conclusively thatthe forfeiture or adjudication was irregular and null orthat the property has been redeemed. The state and itsassigns shall be estopped forever from claiming any title tothe property because of such forfeiture or adjudication.

§13. Effective Date of Property Tax Provisions

Section 13. Section 18 and Section 20 of Article VIIshall become effective January 1 of the year following the

end of three years after the effective date of thisconstitution. Until that date, the provisions of theConstitution of 1921 governing matters covered by thoseSections shall continue to apply, notwithstanding anycontrary expiration date stated in any provision thereofconcerning the veterans' homestead exemption.

PART II.

§14. Limitation on Transitional Provisions

Section 14. Nothing in this Part shall be construed orapplied in such a manner as to supersede or invalidate orlimit or change the meaning of any provision of the foregoingArticles of this constitution, but only to provide for anorderly transition from the Constitution of 1921.

§15. Existing Officials

Section 15. A person holding an office by election shallcontinue to exercise his powers and duties until his officeis abolished, his successor takes office or the office isvacated, as provided by law. A person holding an office byappointment shall continue to exercise his powers and dutiesuntil his office is abolished, his term ends, or he isremoved or replaced under the provisions of thisconstitution or by law. Each public body shall continue toexercise its powers and duties until changed as provided bythis constitution or by law.

§16. Provisions of 1921 Constitution Made Statutory

Section 16. (A) Provisions Continued as Statutes.Subject to change by law or as otherwise provided in thisconstitution, and except as any of them conflicts with thisconstitution, the following provisions of the Constitutionof 1921 are continued as statutes, but restricted to the sameeffect as on the effective date of this constitution:

1. Article IV, Sections 2(c), 12-b, and 12-c.

2. Article V, Sections 2, 7, 18, 20, and 21.

3. Article VI, Sections 1, 1(A-1), 11.1, 19, 19.2, 19.3,19.4, 22(1), 23 except any dedications contained therein,23.1, 26, 28, 31, 32, 33, 35, 36.1, and 39.

4. Article VI-A, Sections 1 through 14, except anydedications therein contained.

5. Article VII, Sections 7, 8, 9, 12.1, 13, 20, 21, 28,31, 31.1, 31.2, 33, 46 through 51, 51(a), 52, 53, 55, 80, 81,82, 83, 85, 89 through 92, and 94 through 97.

6. Article IX, Section 4.


7. Article X, Sections 1, 2, 6, 7, 9, 10A, 15, 16, and 23;except any dedications contained therein.

8. Article X-A, Sections 3 and 4.

9. Article XII, Sections 18, 19 through 22, 25, and 26.

10. Article XIV, Sections 3(b), 3(d) (first), 6, 10, 12,14, 19, 21, 23, 23.1 through 23.43, 24, 24.2 through 24.23,25, 25.1, 26 through 28, 30, 30.1, 30.3, 30.4, 30.5, 31,31.3, 31.6, 31.7, 32, 33, 34, 35, 36, 37.1, 38, 38.1, 39,39.1, 43, 44, 44.1, 45, 47, and 48.

11. Article XV, Sections 1, 3, and 4.

12. Article XVI, Sections 1, 4, 6, 7, 8, and 8(a).

13. Article XVII, Sections 3 and 4.

14. Article XVIII, Sections 4, 8, and 13.

15. Article XIX, Sections 6, 19, 19(a), 20, and 27.

(B) Arrangement. The provisions made statutory in thisArticle shall be arranged in proper statutory form andrecommendations made for additional laws and modificationsas provided in R.S. 24:201 through 256, or as otherwiseprovided by law.

§17. Provisions of Constitution of 1921 Repealed

Section 17. Except to the extent provided in thisArticle and except as retained in Articles I through XIII ofthis constitution, the provisions of the Constitution of1921 are repealed.

§18. Existing Laws

Section 18. (A) Retention. Laws in force on theeffective date of this constitution, which wereconstitutional when enacted and are not in conflict withthis constitution, shall remain in effect until altered orrepealed or until they expire by their own limitation.

(B) Expiration of Conflicting Law. Laws which are inconflict with this constitution shall cease upon itseffective date.

§19. Ports; Transition to Statutes

Section 19. All provisions of Article VI, Sections 16,16.1, 16.2, 16.3, 16.4, 16.5, 16.6, 17, 29, 29.1, 29.2, 29.3,29.4, 33.1, 34 and Article XIV, Section 30.2 of theConstitution of 1921 shall become statutes subject toamendment or repeal only as provided in Article VI, Section43 of this constitution.

§20. Public Service Commission

Section 20. At its next extraordinary or regularsession, the legislature shall divide the state into fivesingle-member districts as required by Article IV, Section21(A) and shall provide for a special election at which thetwo additional members of the commission shall be elected,the initial term to be served by each, and other mattersnecessary to effectuate said Section 21(A).

PART III.

§21. References to 1921 Constitution

Section 21. Whenever reference is made in thisconstitution to the Constitution of 1921, it shall mean theLouisiana Constitution of 1921, as amended.

§22. Effect of Titles

Section 22. No title or sub-title, heading or sub-heading, marginal note, index, or table printed in or withthis constitution shall be considered or construed to be apart of this constitution, but to be inserted only forconvenience in reference.

§23. Continuation of Actions and Rights

Section 23. All writs, actions, suits, proceedings,civil or criminal liabilities, prosecutions, judgments,sentences, orders, decrees, appeals, rights or causes ofaction, contracts, obligations, claims, demands, titles,and rights existing on the effective date of thisconstitution shall continue unaffected. All sentences aspunishment for crime shall be executed according to theirterms.

§24. Protection of Existing Taxes

Section 24. All taxes, penalties, fines and forfeituresowing to the state or any political subdivision levied andcollectible under the Constitution of 1921 and valid lawsenacted thereunder shall inure to the entity entitledthereto.

§25. Impairment of Debt Obligations Prohibited Section 25. Nothing in this constitution shall be


construed or applied in such a manner as to impair theobligation, validity, or security of any bonds or other debtobligations authorized under the Constitution of 1921.

§26. Constitution Not Retroactive be elected to take office in 1976. The custodian of voting

Section 26. Except as otherwise specifically provided constitution shall continue to exercise the functions ofin this constitution, this constitution shall not be that office, without change, until the expiration of hisretroactive and shall not create any right or liability term. which did not exist under the Constitution of 1921 based uponactions or matters occurring prior to the effective date ofthis constitution.

§27. Legislative Provisions terms of this constitution, the lieutenant governor,

Section 27. (A) President of Senate. The lieutenant court shall continue to serve as a board of pardons. governor in office on the effective date of thisconstitution shall continue to serve as president of theSenate until his term expires in 1976.

(B) First Session. The provisions of Article III of thisconstitution shall become effective for the first session ofthe legislature to be held in 1975 and each sessionthereafter. However, in 1976, the legislature shall convenein regular session at twelve o'clock noon on the secondMonday in May, at which time the members elected at thestatewide election in 1976 shall take office; otherwise, thelegislature shall conduct that session as provided inArticle III of this constitution.

(C) Legislative Auditor. The legislative auditor shallcontinue to exercise the powers and perform the functionsset forth in Article VI, Section 26(2) of the Constitution of1921 until otherwise provided by law.

(D) Legislative Reapportionment. The requirement forlegislative reapportionment in Section 6 of Article III ofthis constitution shall apply to the reapportionment of thelegislature following the decennial census of 1980, andthereafter.

§28. Judiciary Commission

Section 28. The members of the judiciary commission inoffice on the effective date of this constitution shallserve until the expiration of their terms. Within thirtydays after the effective date of this constitution, theadditional two citizen members shall be selected as requiredby Article V, Section 25. A lawyer member, as therebyrequired, shall be selected to succeed the judge of a courtof record other than a court of appeal whose term as a memberof the commission first expires. Thereafter, when a vacancyoccurs, the successor to the position shall be selected inaccordance with Article V, Section 25.

§29. [Repealed by Acts 1986, No. 1082, Section 2.]

§30. Commissioner of Elections

Section 30. The commissioner of elections, as providedby Article IV, first elected under this constitution shall

machines in office on the effective date of this

§31. Pardon Board

Section 31. Until a pardon board is appointed under the

attorney general, and presiding judge of the sentencing

§32. Levee Districts; Compensation for Property

Section 32. The provisions of Article XVI, Section 6 ofthe Constitution of 1921 shall be continued as a statute,subject to change by the legislature, and the amount ofcompensation therein required to be paid for property usedor destroyed for levee or levee drainage purposes shall bepaid as provided in Section 6 of Article XVI of theConstitution of 1921 until the legislature enacts a law toeffectuate Article VI, Section 42 of this constitution.

§33. Suits Against the State; Effective Date

Section 33. The provisions of Article XII, Section 10waiving the immunity of the state, its agencies, orpolitical subdivisions from suit and liability in contractor for injury to person or property only shall apply to acause of action arising after the effective date of thisconstitution.

§34. Exemption from Seizure and Sale

Section 34. The provisions of Article XI of theConstitution of 1921 shall be continued as a statute untilthe legislature enacts the law required by Article XII,Section 9 of this constitution, but the amount of theexemption shall be fifteen thousand dollars in value untilotherwise fixed by law.

§35. Effective Date

Section 35. This constitution shall become effective attwelve o'clock midnight on December 31, 1974. The secretaryof state shall promulgate the results of the election bypublication in the official state journal on the thirtiethday prior thereto; however, he shall announce the results ofthe election within thirty days after the date of theelection at which the constitution is submitted to thepeople.


§36. Effect of Adoption

Section 36. Notwithstanding any contrary provision ofany law or the prior constitution, this constitution whenapproved by the electors of this state shall be theConstitution of the State of Louisiana upon the effectivedate as provided in Section 35 of this Article.

§37. Severability Clause

Section 37. If any provision of this constitution isdeclared invalid for any reason, that provisions shall notaffect the validity of the entire constitution or any otherprovision thereof.

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