louisiana constitution of 1974

Louisiana Constitutionof 1974

Louisiana State SenateDecember 10, 2020

Compiled from the Louisiana Senate Statutory Database.(As amended through calendar year 2020)

Table of ContentsPreamble

Article 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 3§6. Freedom from Intrusion 3§7. Freedom of Expression 3§8. Freedom of Religion 3§9. Right of Assembly and Petition 3§10. Right to Vote; Disqualification from Seeking or Holding an Elective Office 3§10.1 Disqualification from Seeking or Holding an Elective Office or Appointment 3§11. Right to Keep and Bear Arms 4§12. Freedom from Discrimination 4§13. Rights of the Accused 4§14. Right to Preliminary Examination 4§15. Initiation of Prosecution 4§16. Right to a Fair Trial 4§17. Jury Trial in Criminal Cases; Joinder of Felonies; Mode of Trial 4§18. Right to Bail 5§19. Right to Judicial Review 5§20. Right to Humane Treatment 5§20.1 Abortion 5§21. Writ of Habeas Corpus 5§22. Access to Courts 5§23. Prohibited Laws 6§24. Unenumerated Rights 6§25. Rights of a Victim 6§26. State Sovereignty 6§27. Freedom to Hunt, Fish and Trap 6

Article II. Distribution of Powers§1. Three Branches 6§2. Limitations on Each Branch 6

Article III. Legislative Branch§1. Legislative Power; Composition; Continuous Body 6§2. Sessions 7§3. Size 8§4. Qualifications; Residence and Domicile Requirements; Term; Election Limitations; Vacancies; Temporary

Successors; Salary 8§5. Taking Office 8§6. Legislative Reapportionment; Reapportionment by Supreme Court; Procedure 9§7. Judging Qualifications and Elections; Procedural Rules; Discipline; Expulsion; Subpoenas; Contempt; Officers 9§8. Privileges and Immunities 9§9. Conflict of Interest 9§10. Quorum; Compulsory Attendance; Journal; Adjournment With Consent of Other House 9§11. Legislative Auditor 9§12. Prohibited Local and Special Laws 9§13. Local or Special Laws; Notice of Intent; Publication 10§14. Style of Laws; Enacting Clause 10

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§15. Passage of Bills 10§16. Appropriations 11§17. Signing of Bills; Delivery to Governor 11§18. Gubernatorial Action on Bills; Sign, Failure to Sign, Veto; Veto Session 11§19. Effective Date of Laws 11§20. Suspension of Laws 12

Article IV. Executive Branch§1. Composition; Number of Departments; Reorganization 12§2. Qualifications 12§3. Election; Term 12§4. Compensation 12§5. Governor; Powers and Duties 12§6. Lieutenant Governor; Powers and Duties 13§7. Secretary of State; Powers and Duties 13§8. Attorney General; Powers and Duties 14§9. Treasurer; Powers and Duties 14§10. Commissioner of Agriculture; Powers and Duties 14§11. Commissioner of Insurance; Powers and Duties 14§12. Commissioner of Elections; Powers and Duties 14§13. First Assistants; Appointment 14§14. Vacancy in Office of Governor 14§15. Vacancy in Office of Lieutenant Governor 15§16. Vacancies in Other Statewide Elective Offices 15§17. Declaration of Inability by Statewide Elected Officials 15§18. Determination of Inability of Statewide Elected Official 15§19. Temporary Absences 15§20. Appointment of Officials; Merger, Consolidation of Offices and Departments 15§21. Public Service Commission 16§22. Term Limits; Certain Boards and Commissions 16

Article V. Judicial Branch§1. Judicial Power 17§2. Habeas Corpus, Needful Writs, Orders and Process; Contempt 17§3. Supreme Court; Composition; Judgments; Terms 17§4. Supreme Court; Districts 17§5. Supreme Court; Jurisdiction; Rule-Making Power; Assignment of Judges 17§6. Supreme Court; Chief Justice 18§7. Supreme Court; Personnel 18§8. Courts of Appeal; Circuits; Panels; Judgments; Terms 18§9. Courts of Appeal; Circuits and Districts 18§10. Courts of Appeal; Jurisdiction 18§11. Courts of Appeal; Certification 18§12. Courts of Appeal; Chief Judge 18§13. Courts of Appeal; Personnel 18§14. District Courts; Judicial Districts 18§15. Courts; Retention; Jurisdiction; Judicial District Changes; Terms 18§16. District Courts; Jurisdiction 19§17. District Courts; Chief Judge 19§18. Juvenile and Family Courts; Jurisdiction 19§19. Special Juvenile Procedures 19§20. Mayors' Courts; Justice of the Peace Courts 20§21. Judges; Decrease in Terms and Compensation Prohibited 20§22. Judges; Election; Vacancy 20§23. Judges; Retirement 20

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§24. Judges; Qualifications 20§25. Judiciary Commission 20§26. District Attorneys 21§27. Sheriffs 21§28. Clerks of Court 21§29. Coroners 21§30. Vacancies 21§31. Reduction of Salaries and Benefits Prohibited 21§32. Orleans Parish Courts, Officials 21§33. Jurors 22§34. Grand Jury 22§35. Remedies for Taxpayers

Article VI. Local GovernmentPart I. General Provisions

§1. Parishes 22§2. Municipalities 22§3. Classification 22§4. Existing Home Rule Charters and Plans of Government 22§5. Home Rule Charter 23§6. Home Rule Charter or Plan of Government; Action by Legislature Prohibited 23§7. Powers of Other Local Governmental Subdivisions 23§8. Home Rule Parish; Incorporation of Cities, Towns, and Villages 23§9. Limitations of Local Governmental Subdivisions 24§10. Codification of Ordinances 24§11. Local Officials 24§12. Local Officials; Compensation 24§13. Vacancies 24§14. Increasing Financial Burden of Political Subdivisions 24§15. Local Governmental Subdivisions; Control Over Agencies 25§16. Special Districts and Local Public Agencies 25§17. Land Use; Zoning; Historic Preservation 25§18. Industrial Areas 25§19. Special Districts; Creation 25§20. Intergovernmental Cooperation 26§21. Assistance to Local Industry 26§22. Procedure for Certain Special Elections 26§23. Acquisition of Property 26§24. Servitudes of Way; Acquisition by Prescription 26§25. Courts Not Affected 26

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

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Part III. Levee Districts and Regional Flood Protection Authorities§38. Levee Districts 30§38.1. Regional Flood Protection Authorities 30§39. Levee District Taxes 30§40. Bond Issues 31§41. Cooperation with Federal Government 31§42. Compensation for Property Used or Destroyed; Tax 31

Part IV. Port Commissions and Districts§43. Port Commissions and Districts 31

Part V. Definitions§44. Terms Defined 32

Article VII. Revenue and FinancePart I. General Provisions

§1. Power to Tax; Public Purpose 32§2. Power to Tax; Limitation 32§2.1. Fees and Civil Fines; Limitation 32§2.2. Power to Tax; Sales and Use Tax; Limitation 32§2.3. Power to Tax; Limitation; Sale or Transfer of Immovable Property 33§3. Collection of Taxes 33§4. Income Tax; Severance Tax; Political Subdivisions 33§4.1. Cigarette Tax Rates 35§5. Motor Vehicle License Tax 35§6. State Debt; Full Faith and Credit Obligations 36§7. State Debt; Interim Emergency Board 37§8. State Bond Commission 37§9. State Funds 38§10. Expenditure of State Funds 38§10-A. Wildlife and Fisheries; Conservation Fund 41§10.1. Quality Trust Fund; Education 42§10.2. Coastal Protection and Restoration Fund 43§10.3. Budget Stabilization Fund 45§10.4. Higher Education Louisiana Partnership Fund; Program 46§10.5. Mineral Revenue Audit and Settlement Fund 47§10.6. Oilfield Site Restoration Fund 48§10.7. Oil Spill Contingency Fund 48§10.8. Millennium Trust 49§10.9. Louisiana Fund 52§10.10. Millennium Leverage Fund 52§10.11. Artificial Reef Development Fund 53§10.12. Farmers and fishermen assistance programs; Agricultural and Seafood Products Support Fund 54§10.13. Hospital Stabilization formula and assessment; Hospital Stabilization Fund 54§10.14. Louisiana Medical Assistance Trust Fund 56§10.15. Revenue Stabilization Trust Fund 56§10.16. Dedications of Mineral Revenues 57§11. Budgets 58§12. Reports and Records 58§13. Investment of State Funds 58§14. Donation, Loan, or Pledge of Public Credit 58§15. Release of Obligations to State, Parish, or Municipality 60§16. Taxes; Prescription 60§17. Legislation to Obtain Federal Aid 60

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Part II. Property Taxation§18. Ad Valorem Taxes 60§19. State Property Taxation; Rate Limitation 63§20. Homestead Exemption 63§21. Other Property Exemptions 64§22. No Impairment of Existing Taxes or Obligations 69§23. Adjustment of Ad Valorem Tax Millages 69§24. Tax Assessors 70§25. Tax Sales 70

Part III. Revenue Sharing§26. Revenue Sharing Fund 71

Part IV. Transportation§27. Transportation Trust Fund 71

PART V. UNCLAIMED PROPERTY§28. Louisiana Unclaimed Property Permanent Trust Fund Effective July 1, 2021.] 73

Article VIII. EducationPreamble §1. Public Educational System 74§2. State Superintendent of Education 74§3. State Board of Elementary and Secondary Education 74§4. Approval of Private Schools 75§5. Board of Regents 75§6. Board of Supervisors for the University of Louisiana System 76§7. Board of Supervisors of Louisiana State University and Agricultural and Mechanical College; Board

Supervisors of Southern University and Agricultural and Mechanical College 76§7.1. Board of Supervisors of Community and Technical Colleges 77§8. Boards; Membership; Compensation 78§9. Parish School Boards; Parish Superintendents 78§10. Existing Boards and Systems Recognized; Consolidation 78§11. Appropriations; State Boards 78§12. Appropriations; Higher Education 78§13. Funding; Apportionment 78§14. Tulane University 79§15. Members of State Board of Elementary and Secondary Education; beginning and end of terms 80§16. Public Hospitals 80

Article IX. Natural Resources§1. Natural Resources and Environment; Public Policy 80§2. Natural Gas 80§3. Alienation of Water Bottoms 80§4. Reservation of Mineral Rights; Prescription 80§5. Public Notice; Public Bidding Requirements 81§6. Tidelands Ownership 81§7. Wildlife and Fisheries Commission 81§8. Forestry 81§9. First Use Tax Trust Fund - implementation declared unconstitutional 81§10. Louisiana Investment Fund for Enhancement 83

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Article X. Public Officials and EmployeesPart I. State and City Civil Service

§1. Civil Service Systems 83§2. Classified and Unclassified Service 83§3. State Civil Service Commission 84§4. City Civil Service Commission 84§5. Removal 85§6. Department of Civil Service; Directors 85§7. Appointments; Promotions 85§8. Appeals 85§9. Prohibitions Against Political Activities 86§10. Rules; Investigations; Wages and Hours 86§11. Penalties 87§12. Appeal 87§13. Appropriations 88§14. Acceptance of Act; Other Cities, Parishes, City and Parish Governed Jointly 88§15. City, Parish Civil Service System; Creation; Prohibition 88

Part II. Fire and Police Civil Service§16. Establishment of System 88§17. Appointments and Promotions 88§18. Prior Provisions 89§19. Exclusion 89§20. Political Activities 89

Part III. Other Provisions§21. Code of Ethics 89§22. Dual Employment and Dual Officeholding 89§23. Compensation of Elected Public Officials; Reduction 89§24. Impeachment 89§25. Removal by Suit; Officials Subject 89§25.1. Removal by Suit; State, District, Parochial, Ward, or Municipal Employees 89§26. Recall 90§27. Filling of Vacancies 90§28. Definition of Vacancy 90§29. Retirement and Survivor's Benefits 90§29.1. Part-time Public Officials 92§30. Oath of Office 92

Part IV. State Police Service§41. State Police Service 92§42. Classified and Unclassified Service 92§43. State Police Commission 92§44. Director 93§45. Appointments; Promotions 93§46. Appeals 93§47. Prohibitions Against Political Activities 93§48. Rules; Investigations; Wages and Hours 94§49. Penalties 95§50. Appeal 95§51. Appropriations 95

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Article XI. Elections§1. Election Code 95§2. Secret Ballot; Absentee Voting; Preservation of Ballot 95§3. Privilege from Arrest 95§4. Prohibited Use of Public Funds 95§5. Registrar of Voters 95

Article XII. General Provisions§1. State Capital 96§2. Civilian-Military Relations 96§3. Right to Direct Participation 96§4. Preservation of Linguistic and Cultural Origins 96§5. Successions; Forced Heirship and Trusts 96§6. Lotteries; Gaming, Gambling, or Wagering 96§7. State Penal Institutions; Reimbursement of Parish Expense 97§8. Welfare, Unemployment Compensation, and Health 97§8.1. Workers' Compensation 97§9. Exemptions From Seizure and Sale 99§10. Suits Against the State 99§11. Continuity of Government 99§12. Corporations; Perpetual or Indefinite Duration; Dissolution; Perpetual Franchises or Privileges 99§13. Prescription Against State 99§14. Administrative Agency Codes 99§15. Defense of Marriage 99§16. Patient's Compensation Fund 100

Article XIII. Constitutional Revision§1. Amendments 100§2. Constitutional Convention 101§3. Laws Effectuating Amendments 101

Article XIV. Transitional ProvisionsPart I

§1. Board of Regents 101§2. Board of Supervisors of Louisiana State University and Agricultural and Mechanical College 101§3. Board of Supervisors of Southern University 101§4. State Board of Elementary and Secondary Education; Board of Trustees for State Colleges and Universities 101§5. Boards; New Appointments 101§6. Mandatory Reorganization of State Government 101§7. Legislative Sessions 102§8. Civil Service Commission; State; Cities 102§9. Civil Service Officers; Employees; State; Cities 102§10. Offshore Mineral Revenues; Use of Funds 102§11. Prescription; Tidelands Taxes 102§12. Forfeitures Prior to 1880 102§13. Effective Date of Property Tax Provisions 103

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Part II§14. Limitation on Transitional Provisions 103§15. Existing Officials 103§16. Provisions of 1921 Constitution Made Statutory 103§17. Provisions of Constitution of 1921 Repealed 103§18. Existing Laws 103§19. Ports; Transition to Statutes 103§20. Public Service Commission 104

Part III§21. References to 1921 Constitution 104§22. Effect of Titles 104§23. Continuation of Actions and Rights 104§24. Protection of Existing Taxes 104§25. Impairment of Debt Obligations Prohibited 104§26. Constitution Not Retroactive 104§27. Legislative Provisions 104§28. Judiciary Commission 104§29. Repealed by Acts 1986, No. 1082, §2 104§30. Commissioner of Elections 104§31. Pardon Board 105§32. Levee Districts; Compensation for Property 105§33. Suits Against the State; Effective Date 105§34. Exemption from Seizure and Sale 105§35. Effective Date 105§36. Effect of Adoption 105§37. Severability Clause 105

Appendix AList of Amendments Adopted By Citation 107

Appendix BList of Amendments By Year 117

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PREAMBLE

We, the people of Louisiana, grateful toAlmighty God for the civil, political, economic, andreligious liberties we enjoy, and desiring to protectindividual rights to life, liberty, and property; affordopportunity for the fullest development of theindividual; assure equality of rights; promote thehealth, safety, education, and welfare of the people;maintain a representative and orderly government;ensure domestic tranquility; provide for the commondefense; and secure the blessings of freedom andjustice to ourselves and our posterity, do ordain andestablish this constitution.

ARTICLE I.DECLARATION OF RIGHTS

§1. Origin and Purpose of Government Section 1. All government, of right, originates

with the people, is founded on their will alone, and isinstituted to protect the rights of the individual andfor the good of the whole. Its only legitimate ends areto secure justice for all, preserve peace, protect therights, and promote the happiness and general welfareof the people. The rights enumerated in this Articleare inalienable by the state and shall be preservedinviolate by the state.

§2. Due Process of Law Section 2. No person shall be deprived of life,

liberty, or property, except by due process of law.

§3. Right to Individual Dignity Section 3. No person shall be denied the equal

protection of the laws. No law shall discriminateagainst a person because of race or religious ideas,beliefs, or affiliations. No law shall arbitrarily,capriciously, or unreasonably discriminate against aperson because of birth, age, sex, culture, physicalcondition, or political ideas or affiliations. Slaveryand involuntary servitude are prohibited, except in thelatter case as punishment for crime.

§4. Right to PropertySection 4.(A) Every person has the right to

acquire, own, control, use, enjoy, protect, and disposeof private property. This right is subject to reasonablestatutory restrictions and the reasonable exercise ofthe police power.

(B)(1) Property shall not be taken or damaged bythe state or its political subdivisions except for publicpurposes and with just compensation paid to theowner or into court for his benefit. Except asspecifically authorized by Article VI, Section 21 ofthis Constitution property shall not be taken ordamaged by the state or its political subdivisions: (a)for predominant use by any private person or entity;or (b) for transfer of ownership to any private personor entity.

(2) As used in Subparagraph (1) of thisParagraph and in Article VI, Section 23 of thisConstitution, "public purpose" shall be limited to thefollowing:

(a) A general public right to a definite use of theproperty.

(b) Continuous public ownership of propertydedicated to one or more of the following objectivesand uses:

(i) Public buildings in which publicly fundedservices are administered, rendered, or provided.

(ii) Roads, bridges, waterways, access to publicwaters and lands, and other public transportation,access, and navigational systems available to thegeneral public.

(iii) Drainage, flood control, levees, coastal andnavigational protection and reclamation for thebenefit of the public generally.

(iv) Parks, convention centers, museums,historical buildings and recreational facilitiesgenerally open to the public.

(v) Public utilities for the benefit of the publicgenerally.

(vi) Public ports and public airports to facilitatethe transport of goods or persons in domestic orinternational commerce.

(c) The removal of a threat to public health orsafety caused by the existing use or disuse of theproperty.

CONSTITUTIONOF THE

STATE OF LOUISIANA OF 1974

As of December 10, 2020

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Article I - Declaration of Rights

(3) Neither economic development, of taxrevenue, or any incidental benefit to the public shallbe considered in determining whether the taking ordamaging of property is for a public purpose pursuantto Subparagraph (1) of this Paragraph or Article VI,Section 23 of this Constitution.

(4) Property shall not be taken or damaged byany private entity authorized by law to expropriate,except for a public and necessary purpose and withjust compensation paid to the owner; in suchproceedings, whether the purpose is public andnecessary shall be a judicial question.

(5) In every expropriation or action to takeproperty pursuant to the provisions of this Section, aparty has the right to trial by jury to determinewhether the compensation is just, and the owner shallbe compensated to the full extent of his loss. Exceptas otherwise provided in this Constitution, the fullextent of loss shall include, but not be limited to, theappraised value of the property and all costs ofrelocation, inconvenience, and any other damagesactually incurred by the owner because of theexpropriation.

(6) No business enterprise or any of its assetsshall be taken for the purpose of operating thatenterprise or halting competition with a governmententerprise. However, a municipality may expropriatea utility within its jurisdiction.

(C) Personal effects, other than contraband, shallnever be taken.

(D) But the following property may be forfeitedand disposed of in a civil proceeding, as provided bylaw: contraband drugs; property derived in whole orin part from contraband drugs; property used in thedistribution, transfer, sale, felony possession,manufacture, or transportation of contraband drugs;property furnished or intended to be furnished inexchange for contraband drugs; property used orintended to be used to facilitate any of the aboveconduct; or other property because the above-described property has been rendered unavailable.

(E) This Section shall not apply to appropriationof property necessary for levee and levee drainagepurposes.

(F) Further, the legislature may place limitationson the extent of recovery for the taking of, or loss ordamage to, property rights affected by coastalwetlands conservation, management, preservation,enhancement, creation, or restoration activities.

(G) Compensation paid for the taking of, or lossor damage to, property rights for the construction,enlargement, improvement, or modification of federalor non-federal hurricane protection projects,including mitigation related thereto, shall not exceed

the compensation required by the Fifth Amendmentof the Constitution of the United States of America.However, this Paragraph shall not apply tocompensation paid for a building or structure that wasdestroyed or damaged by an event for which apresidential declaration of major disaster oremergency was issued, if the taking occurs withinthree years of such event. The legislature by law mayprovide procedures and definitions for the provisionsof this Paragraph.

(H)(1) Except for the removal of a threat topublic health or safety caused by the existing use ordisuse of the property, and except for leases oroperation agreements for port facilities, highways,qualified transportation facilities or airports, the stateor its political subdivisions shall not sell or leaseproperty which has been expropriated and held fornot more than thirty years without first offering theproperty to the original owner or his heir, or, if thereis no heir, to the successor in title to the owner at thetime of expropriation at the current fair market value,after which the property can be transferred only bycompetitive bid open to the general public. Afterthirty years have passed from the date the propertywas expropriated, the state or political subdivisionmay sell or otherwise transfer the property asprovided by law.

(2) Within one year after the completion of theproject for which the property was expropriated, thestate or its political subdivision which expropriatedthe property shall identify all property which is notnecessary for the public purpose of the project anddeclare the property as surplus property.

(3) All expropriated property identified assurplus property shall be offered for sale to theoriginal owner or his heir, or, if there is no heir, to thesuccessor in title to the owner at the time ofexpropriation at the current fair market value, withintwo years after completion of the project. If theoriginal owner, heir, or other successor in title refusesor fails to purchase the surplus property within threeyears from completion of the project, then the surplusproperty may be offered for sale to the general publicby competitive bid.

(4) After one year from the completion of theproject for which property was expropriated, theoriginal owner or his heir, or, if there is no heir, thesuccessor in title to the owner at the time ofexpropriation may petition the state or its politicalsubdivision which expropriated the property to haveall or any portion of his property declared surplus. Ifthe state or its political subdivision refuses or fails toidentify all or any portion of the expropriatedproperty as surplus, the original owner or the



successor in title may petition any court of competentjurisdiction to have the property declared surplus.

Amended by Acts 1989, No. 840, §1, approvedOct. 7, 1989, eff. Nov. 7, 1989; Acts 2003, No. 1295,§1, approved Oct. 4, 2003, eff. Nov. 6, 2003; Acts2003, No. 1304, §1, approved Oct. 4, 2003, eff. Nov.6, 2003; Acts 2006, No. 851, §1, approved Sept. 30,2006, eff. Oct. 31, 2006; Acts 2006, No. 853, §1,approved Sept. 30, 2006, eff. Oct. 31, 2006; Acts2006, No. 859, §1, approved Sept. 30, 2006, eff. Oct.31, 2006; Acts 2010, No. 1052, §1, approvedNovember 2, 2010, eff. December 1, 2010.

§5. Right to Privacy Section 5. Every person shall be secure in his

person, property, communications, houses, papers,and effects against unreasonable searches, seizures, orinvasions of privacy. No warrant shall issue withoutprobable cause supported by oath or affirmation, andparticularly describing the place to be searched, thepersons or things to be seized, and the lawful purposeor reason for the search. Any person adverselyaffected by 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 in any

house without the consent of the owner or lawfuloccupant.

§7. Freedom of Expression Section 7. No law shall curtail or restrain the

freedom of speech or of the press. Every person mayspeak, write, and publish his sentiments on anysubject, but is responsible for abuse of that freedom.

§8. Freedom of Religion Section 8. No law shall be enacted respecting an

establishment of religion or prohibiting the freeexercise thereof.

§9. Right of Assembly and Petition Section 9. No law shall impair the right of any

person to assemble peaceably or to petitiongovernment for a redress of grievances.

§10. Right to VoteSection 10. Right to Vote. Every citizen of the

state, upon reaching eighteen years of age, shall havethe right to register and vote, except that this rightmay be suspended while a person is interdicted andjudicially declared mentally incompetent or is underan order of imprisonment for conviction of a felony.

§10. Right to Vote; Disqualification from Seeking orHolding an Elective Office

[Declared unconstitutional]Section 10.(A) Right to Vote. Every citizen of the

state, upon reaching eighteen years of age, shallhave the right to register and vote, except that thisright may be suspended while a person is interdictedand judicially declared mentally incompetent or isunder an order of imprisonment for conviction of afelony.

(B) Disqualification. The following personsshall not be permitted to qualify as a candidate forelective public office or take public elective office orappointment of honor, trust, or profit in this state:

(1) A person who has been convicted within thisstate of a felony and who has exhausted all legalremedies, or who has been convicted under the lawsof any other state or of the United States or of anyforeign government or country of a crime which, ifcommitted in this state, would be a felony and whohas exhausted all legal remedies and has notafterwards been pardoned either by the governor ofthis state or by the officer of the state, nation,government or country having such authority topardon in the place where the person was convictedand sentenced.

(2) A person actually under an order ofimprisonment for conviction of a felony.

(C) Exception. Notwithstanding the provisionsof Paragraph (B) of this Section, a person whodesires to qualify as a candidate for or hold anelective office, who has been convicted of a felonyand who has served his sentence, but has not beenpardoned for such felony, shall be permitted toqualify as a candidate for or hold such office if thedate of his qualifying for such office is more thanfifteen years after the date of the completion of hisoriginal sentence.

Acts 1997, No. 1492, §1, approved October 3,1998, eff. November 5, 1998, declaredunconstitutional in Shepherd vs. Schedler, 209 So.3rd752, January 27, 2016, rehearing May 2, 2016.

§10.1. Disqualification from Seeking or Holdingan Elective Office or Appointment

Section 10.1.(A) Disqualification. The followingpersons shall not be permitted to qualify as acandidate for elective public office or hold electivepublic office or appointment of honor, trust, or profitin this state:

(1) A person actually under an order ofimprisonment for conviction of a felony.

(2) A person who has been convicted within thisstate of a felony and who has exhausted all legal



remedies, or who has been convicted under the lawsof any other state or of the United States or of anyforeign government or country of a crime which, ifcommitted in this state, would be a felony and whohas exhausted all legal remedies and has notafterwards been pardoned either by the governor ofthis state or by the officer of the state, nation,government, or country having such authority topardon in the place where the person was convictedand sentenced.

(B) Exception. The provisions of Paragraph (A)of this Section shall not prohibit a person convictedof a felony from qualifying as a candidate for electivepublic office or holding such elective public office orappointment of honor, trust, or profit if more than fiveyears have elapsed since the completion of hisoriginal sentence for the conviction.

(C) The provisions of Paragraph (A) of thisSection shall not prohibit a person from beingemployed by the state or a political subdivision.

Added by Acts 2018, No. 719, §1, approvedNovember 6, 2018, eff. December 12, 2018.

§11. Right to Keep and Bear Arms Section 11. The right of each citizen to keep and

bear arms is fundamental and shall not be infringed.Any restriction on this right shall be subject to strictscrutiny.

Amended by Acts 2012, No. 874, §1, approvedNovember 6, 2012, eff. December 10, 2012.

§12. Freedom from Discrimination Section 12. In access to public areas,

accommodations, and facilities, every person shall befree from discrimination based on race, religion, ornational ancestry and from arbitrary, capricious, orunreasonable discrimination based on age, sex, orphysical condition.

§13. Rights of the Accused Section 13. When any person has been arrested

or detained in connection with the investigation orcommission of any offense, he shall be advised fullyof the reason for his arrest or detention, his right toremain silent, his right against self incrimination, hisright to the assistance of counsel and, if indigent, hisright to court appointed counsel. In a criminalprosecution, an accused shall be informed of thenature and cause of the accusation against him. Ateach stage of the proceedings, every person is entitledto assistance of counsel of his choice, or appointed bythe court if he is indigent and charged with an offensepunishable by imprisonment. The legislature shallprovide for a uniform system for securing and

compensating qualified counsel for indigents.

§14. Right to Preliminary Examination Section 14. The right to a preliminary

examination shall not be denied in felony casesexcept when the accused is indicted by a grand jury.

§15. Initiation of Prosecution Section 15. Prosecution of a felony shall be

initiated by indictment or information, but no personshall be held to answer for a capital crime or a crimepunishable by life imprisonment except on indictmentby a grand jury. 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 of judgment issustained.

§16. Right to a Fair TrialSection 16. Every person charged with a crime is

presumed innocent until proven guilty and is entitledto a speedy, public, and impartial trial in the parishwhere the offense or an element of the offenseoccurred, unless venue is changed in accordance withlaw. No person shall be compelled to give evidenceagainst himself. An accused is entitled to confrontand cross-examine the witnesses against him, tocompel the attendance of witnesses, to present adefense, and to testify in his own behalf. However,nothing in this Section or any other section of thisconstitution shall prohibit the legislature fromenacting a law to require a trial court to instruct a juryin a criminal trial that the governor is empowered togrant a reprieve, pardon, or commutation of sentencefollowing conviction of a crime, that the governor inexercising such authority may commute or modify asentence of life imprisonment without benefit ofparole to a lesser sentence which includes thepossibility of parole, may commute a sentence ofdeath to a lesser sentence of life imprisonmentwithout benefit of parole, or may allow the release ofan offender either by reducing a life imprisonment ordeath sentence to the time already served by theoffender or by granting the offender a pardon.

Acts 1995, No. 1322, §1, approved Nov. 18,1995, eff. Dec. 23, 1995.

§17. Jury Trial in Criminal Cases; Joinder ofFelonies; Mode of Trial

Section 17.(A) Jury Trial in Criminal Cases. Acriminal case in which the punishment may be capitalshall be tried before a jury of twelve persons, all ofwhom must concur to render a verdict. A case for anoffense committed prior to January 1, 2019, in which



the punishment is necessarily confinement at hardlabor shall be tried before a jury of twelve persons,ten of whom must concur to render a verdict. A casefor an offense committed on or after January 1, 2019,in which the punishment is necessarily confinement athard labor shall be tried before a jury of twelvepersons, all of whom must concur to render a verdict.A case in which the punishment may be confinementat hard labor or confinement without hard labor formore than six months shall be tried before a jury ofsix persons, all of whom must concur to render averdict. The accused shall have a right to full voirdire examination of prospective jurors and tochallenge jurors peremptorily. The number ofchallenges shall be fixed by law. Except in capitalcases, a defendant may knowingly and intelligentlywaive his right to a trial by jury but no later thanforty-five days prior to the trial date and the waivershall be irrevocable.

(B) Joinder of Felonies; Mode of Trial.Notwithstanding any provision of law to the contrary,offenses in which punishment is necessarilyconfinement at hard labor may be charged in the sameindictment or information with offenses in which thepunishment may be confinement at hard labor;provided, however, that the joined offenses are of thesame or similar character or are based on the same actor transaction or on two or more acts or transactionsconnected together or constituting parts of a commonscheme or plan; and provided further, that cases sojoined shall be tried by a jury composed of twelvejurors, ten of whom must concur to render a verdict.

Acts 1997, No. 1502, §1, approved Oct. 3, 1998,effective Nov. 5, 1998; Acts 2010, No. 1053, §1,approved November 2, 2010, effective December 1,2010; Acts 2018, No. 722, §1, approved November 6,2018, eff. December 12, 2018.

§18. Right to BailSection 18.(A) Excessive bail shall not be

required. Before and during a trial, a person shall bebailable by sufficient surety, except when he ischarged with a capital offense and the proof is evidentand the presumption of guilt is great. After convictionand before sentencing, a person shall be bailable ifthe maximum sentence which may be imposed isimprisonment for five years or less; and the judgemay grant bail if the maximum sentence which maybe imposed is imprisonment exceeding five years.After sentencing and until final judgment, a personshall be bailable if the sentence actually imposed isfive years or less; and the judge may grant bail if thesentence actually imposed exceeds imprisonment forfive years.

(B) However, a person charged with a crime ofviolence as defined by law or with production,manufacture, distribution, or dispensing or possessionwith intent to produce, manufacture, distribute, ordispense a controlled dangerous substance as definedby the Louisiana Controlled Dangerous SubstancesLaw, and the proof is evident and the presumption ofguilt is great, shall not be bailable if, after acontradictory hearing, the judge or magistrate findsby clear and convincing evidence that there is asubstantial risk that the person may flee or poses animminent danger to any other person or thecommunity.

Acts 1997, No. 1498, §1, approved Oct. 3, 1998,eff. Nov. 5, 1998.

§19. Right to Judicial Review Section 19. No person shall be subjected to

imprisonment or forfeiture of rights or propertywithout the right of judicial review based upon acomplete record of all evidence upon which thejudgment is based. This right may be intelligentlywaived. The cost of transcribing the record shall bepaid as provided by law.

§20. Right to Humane Treatment Section 20. No law shall subject any person to

euthanasia, to torture, or to cruel, excessive, orunusual punishment. Full rights of citizenship shall berestored upon termination of state and federalsupervision following conviction for any offense.

§20.1. AbortionSection 20.1 To protect human life, nothing in

this constitution shall be construed to secure orprotect a right to abortion or require the funding ofabortion.

Added by Acts 2019, No. 447, §1, approvedNovember 3, 2020, eff. December 10, 2020.

§21. Writ of Habeas Corpus Section 21. The writ of habeas corpus shall not

be suspended.

§22. Access to Courts Section 22. All courts shall be open, and every

person shall have an adequate remedy by due processof law and justice, administered without denial,partiality, or unreasonable delay, for injury to him inhis person, property, reputation, or other rights.


Article III - Legislative Branch

§23. Prohibited Laws Section 23. No bill of attainder, ex post facto

law, or law impairing the obligation of contracts shallbe enacted.

§24. Unenumerated Rights Section 24. The enumeration in this constitution

of certain rights shall not deny or disparage otherrights retained by the individual citizens of the state.

§25. Rights of a VictimSection 25. Any person who is a victim of crime

shall be treated with fairness, dignity, and respect,and shall be informed of the rights accorded underthis Section. As defined by law, a victim of crimeshall have the right to reasonable notice and to bepresent and heard during all critical stages ofpreconviction and postconviction proceedings; theright to be informed upon the release from custody orthe escape of the accused or the offender; the right toconfer with the prosecution prior to final dispositionof the case; the right to refuse to be interviewed bythe accused or a representative of the accused; theright to review and comment upon the presentencereport prior to imposition of sentence; the right toseek restitution; and the right to a reasonably promptconclusion of the case. The legislature shall enactlaws to implement this Section. The evidentiary andprocedural laws of this state shall be interpreted in amanner consistent with this Section.

Nothing in this Section shall be construed toinure to the benefit of an accused or to confer uponany person the right to appeal or seek supervisoryreview of any judicial decision made in a criminalproceeding. Nothing in this Section shall be the basisfor an award of costs or attorney fees, for theappointment of counsel for a victim, or for any causeof action for compensation or damages against thestate of Louisiana, a political subdivision, a publicagency, or a court, or any officer, employee, or agentthereof. Remedies to enforce the rights enumerated inthis Section shall be provided by law.


§26. State SovereigntySection 26. The people of this state have the sole

and exclusive right of governing themselves as a freeand sovereign state; and do, and forever hereaftershall, exercise and enjoy every power, jurisdiction,and right, pertaining thereto, which is not, or may nothereafter be, by them expressly delegated to theUnited States of America in congress assembled.

Acts 1997, No. 1494, §1, approved Oct. 3, 1998,

eff. Nov. 5, 1998.

§27. Freedom to Hunt, Fish and TrapSection27. The freedom to hunt, fish, and trap

wildlife, including all aquatic life, traditionally takenby hunters, trappers and anglers, is a valued naturalheritage that shall be forever preserved for the people.Hunting, fishing and trapping shall be managed bylaw and regulation consistent with Article IX, SectionI of the Constitution of Louisiana to protect, conserveand replenish the natural resources of the state. Theprovisions of this Section shall not alter the burden ofproof requirements otherwise established by law forany challenge to a law or regulation pertaining tohunting, fishing or trapping the wildlife of the state,including all aquatic life. Nothing contained hereinshall be construed to authorize the use of privateproperty to hunt, fish, or trap without the consent ofthe owner of the property.

Added by Acts 2004, No. 927, §1, approved Nov.2, 2004, eff. Dec. 7, 2004.

ARTICLE II.DISTRIBUTION OF POWERS

§1. Three Branches Section 1. The powers of government of the state

are divided into three separate branches: legislative,executive, and judicial.

§2. Limitations on Each Branch Section 2. Except as otherwise provided by this

constitution, no one of these branches, nor any personholding office in one of them, shall exercise powerbelonging to either of the others.

ARTICLE III.LEGISLATIVE BRANCH

§1. Legislative Power; Composition; ContinuousBody

Section 1.(A) Legislative Power of State. Thelegislative power of the state is vested in a legislature,consisting of a Senate and a House ofRepresentatives. The Senate shall be composed ofone senator elected from each senatorial district. TheHouse of Representatives shall be composed of onerepresentative elected from each representativedistrict.

(B) Continuous Body. The legislature is acontinuous body during the term for which itsmembers are elected; however, a bill or resolution notfinally passed in any session shall be withdrawn from



the files of the legislature.

§2. SessionsSection 2. (A) Annual Session. (1) The

legislature shall meet annually in regular session for alimited number of legislative days in the state capital.A legislative day is a calendar day on which eitherhouse is in session.

(2)(a) No member of the legislature mayintroduce more than five bills that were not prefiled,except as provided in the joint rules of the legislature.

(b) Except as provided in Subsubparagraph (c) ofthis Subparagraph, any bill that is to be prefiled forintroduction in either house shall be prefiled no laterthan five o'clock in the evening of the tenth calendarday prior to the first day of a regular session.

(c) Any bill to effect any change in laws relatingto any retirement system for public employees that isto be prefiled for introduction in either house shall beprefiled no later than five o'clock in the evening ofthe forty-fifth calendar day prior to the first day of aregular session.

(d) The legislature is authorized to provide byjoint rule for the procedures for passage of duplicateor companion instruments.

(3)(a) All regular sessions convening in even-numbered years shall be general in nature and shallconvene at noon on the second Monday in March.The legislature shall meet in such a session for notmore than sixty legislative days during a period ofeighty-five calendar days. No such session shallcontinue beyond six o'clock in the evening of theeighty-fifth calendar day after convening. No newmatter intended to have the effect of law shall beintroduced or received by either house after sixo'clock in the evening of the twenty-third calendarday. No matter intended to have the effect of law,except a measure proposing a suspension of law, shallbe considered on third reading and final passage ineither house after six o'clock in the evening of thefifty-seventh legislative day or the eighty-secondcalendar day, whichever occurs first, except by afavorable record vote of two-thirds of the electedmembers of each house.

(b) No measure levying or authorizing a new taxby the state or by any statewide political subdivisionwhose boundaries are coterminous with the state;increasing an existing tax by the state or by anystatewide political subdivision whose boundaries arecoterminous with the state; or legislating with regardto tax exemptions, exclusions, deductions or creditsshall be introduced or enacted during a regularsession held in an even-numbered year.

(4)(a) All regular sessions convening in odd-

numbered years shall convene at noon on the secondMonday in April. The legislature shall meet in such asession for not more than forty-five legislative days ina period of sixty calendar days. No such session shallcontinue beyond six o'clock in the evening of thesixtieth calendar day after convening. No new matterintended to have the effect of law shall be introducedor received by either house after six o'clock in theevening of the tenth calendar day. No matter intendedto have the effect of law, except a measure proposinga suspension of law, shall be considered on thirdreading and final passage in either house after sixo'clock in the evening of the forty-second legislativeday or fifty-seventh calendar day, whichever occursfirst, except by a favorable record vote of two-thirdsof the elected members of each house.

(b) During any session convening in an odd-numbered year, no matter intended to have the effectof law, including any suspension of law, shall beintroduced or considered unless its object is to enactthe General Appropriation Bill; enact thecomprehensive capital budget; make anappropriation; levy or authorize a new tax; increasean existing tax; levy, authorize, increase, decrease, orrepeal a fee; dedicate revenue; legislate with regard totax exemptions, exclusions, deductions, reductions,repeals, or credits; or legislate with regard to theissuance of bonds. In addition, a matter intended tohave the effect of law, including a measure proposinga suspension of law, which is not within the subjectmatter restrictions provided in this Subparagraph maybe considered at any such session if:

(i) It is prefiled no later than the deadlineprovided in Subparagraph (2) of this Paragraph,provided that the member shall not prefile more thanfive such matters pursuant to this Subsubparagraph;or

(ii) Its object is to enact a local or special lawwhich is required to be and has been advertised inaccordance with Section 13 of this Article and whichis not prohibited by the provisions of Section 12 ofthis Article.

(B) Extraordinary Session. The legislature maybe convened at other times by the governor and shallbe convened by the presiding officers of both housesupon written petition of a majority of the electedmembers of each house. The form of the petition shallbe provided by law. At least seven calendar daysprior to convening the legislature in extraordinarysession, the governor or the presiding officers, as thecase may be, shall issue a proclamation stating theobjects of the extraordinary session, the date onwhich it shall convene, and the number of days forwhich it is convened. The power to legislate shall be



limited, under penalty of nullity, to the objectsspecifically enumerated in the proclamation. Thesession shall be limited to the number of days statedtherein, which shall not exceed thirty calendar days.

(C) Emergency Session. The governor mayconvene the legislature in extraordinary sessionwithout prior notice or proclamation in the event ofpublic emergency caused by epidemic, enemy attack,or public catastrophe.

(D) Organizational Session. The legislature shallmeet in an organizational session in the state capitolto be convened at ten o'clock in the morning on theday the members are required to take office. No suchsession shall exceed three legislative days. Thesession shall be for the primary purpose of judgingthe qualifications and elections of the members,taking the oath of office, organizing the two houses,and selecting officers. No matter intended to have theeffect of law shall be introduced at an organizationalsession.

Amended by Acts 1989, No. 841, §1, approvedOct. 7, 1989, eff. Nov. 7, 1989; Acts 1990, No. 1095,§1, approved Oct. 6, 1990, eff. Jan. 1, 1992; Acts1993, No. 1041, §1, approved Oct. 16, 1993, eff. Nov.18, 1993; Acts 2001, No. 1231, §1, approvedNovember 5, 2002, eff. January 1, 2004; Acts 2008,No. 937, §1, approved November 4, 2008, effectiveDecember 8, 2008; Acts 2009, No. 537, §1, approvedOctober 2, 2010, eff. January 1, 2012; Acts 2012,No. 872, §1, approved November 6, 2012, eff.December 10, 2012.

§3. Size Section 3. The number of members of the

legislature shall be provided by law, but the numberof senators shall not exceed thirty-nine and thenumber of representatives, one hundred five.

§4. Qualifications; Residence and DomicileRequirements; Term; ElectionLimitations; Vacancies; TemporarySuccessors; Salary

Section 4.(A) Age; Residence; Domicile. Anelector who at the time of qualification as a candidatehas attained the age of eighteen years, resided in thestate for the preceding two years, and been actuallydomiciled for the preceding year in the legislativedistrict from which he seeks election is eligible formembership in the legislature.

(B) Domicile; Special Provisions. However, atthe next regular election for members of thelegislature following legislative reapportionment, anelector may qualify as a candidate from any districtcreated in whole or in part from a district existing

prior to reapportionment if he was domiciled in thatprior district for at least one year immediatelypreceding his qualification and was a resident of thestate for the two years preceding his qualification.The seat of any member who changes his domicilefrom the district he represents or, if elected afterreapportionment, whose domicile is not within thedistrict he represents at the time he is sworn intooffice, shall be vacated thereby, any declaration ofretention of domicile to the contrary notwithstanding.

(C) Term. A member of the legislature shall beelected for a four-year term.

(D) Vacancy. A vacancy in the legislature shallbe filled for the remainder of the term only byelection by the electors of the respective district asprovided by law.

(E) Election Limitation. No person who has beenelected to serve as a member of the Senate for morethan two and one-half terms in three consecutiveterms, that service being during a term of office thatbegan on or after January 8, 1996, shall be elected tothe Senate for the succeeding term. No person whohas been elected to serve as a member of the Houseof Representatives for more than two and one-halfterms in three consecutive terms, that service beingduring a term of office that began on or after January8, 1996, shall be elected to the House ofRepresentatives for the succeeding term.

(F) Temporary Successors. The legislature shallprovide by law for the prompt and temporarysuccession to the powers and duties of a member ofthe legislature if the incumbent member is unavailableto perform his functions or duties due to beingordered to active duty in the armed services of theUnited States.

(G) Salary limitation. Any increase in salary ofany member of the legislature shall not becomeeffective until the commencement of the subsequentterm for that office following the adoption orenactment of the increase.

Acts 1995, No. 1326, §1, approved Oct. 21,1995, eff. Nov. 23, 1995; Acts 2008, No. 931 §1,approved Nov. 4, 2008, eff. Dec. 8, 2008; Acts 2009,No. 539, §1, approved November 2, 2010, eff.December 1, 2010.

§5. Taking Office Section 5.(A) Full Term. Members of the

legislature shall take office on the same day as thegovernor and other officials elected statewide.

(B) Filling Vacancy. A person elected to fill theremainder of an unexpired legislative term shall takeoffice within thirty days after the secretary of statepromulgates the election returns.



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

Section 6.(A) Reapportionment by Legislature.By the end of the year following the year in which thepopulation of this state is reported to the president ofthe United States for each decennial federal census,the legislature shall reapportion the representation ineach house as equally as practicable on the basis ofpopulation shown by the census.

(B) Reapportionment by Supreme Court. If thelegislature fails to reapportion as required inParagraph (A), the supreme court, upon petition ofany elector, shall reapportion the representation ineach house as provided in Paragraph (A).

(C) Procedure. The procedure for review and forpetition shall be provided by law.

§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 of the qualificationsand elections of its members; shall determine its rulesof procedure, not inconsistent with the provisions ofthis constitution; may punish its members fordisorderly conduct or contempt; and may expel amember with concurrence of two-thirds of its electedmembers. Expulsion creates a vacancy in the office.

(B) Subpoena Power; Contempt. Each house maycompel the attendance and testimony of witnesses andthe production of books and papers before it, beforeany committee thereof, or before joint committees ofthe houses and may punish those in willfuldisobedience of its orders for contempt.

(C) Officers. Each house shall choose its officers,including a permanent presiding officer selected fromits membership. The presiding officers shall be thepresident of the Senate and the speaker of the Houseof Representatives. The clerical officers shall be theclerk of the House of Representatives and thesecretary of the Senate, each of whom may administeroaths.

§8. Privileges and Immunities Section 8. A member of the legislature shall be

privileged from arrest, except for felony, during hisattendance at sessions and committee meetings of hishouse and while going to and from them. No membershall be questioned elsewhere for any speech in eitherhouse.

§9. Conflict of Interest Section 9. Legislative office is a public trust, and

every effort to realize personal gain through officialconduct is a violation of that trust. The legislatureshall enact a code of ethics prohibiting conflictbetween public duty and private interests of membersof the legislature.

§10. Quorum; Compulsory Attendance; Journal;Adjournment With Consent of OtherHouse

Section 10.(A) Quorum. Not less than a majorityof the elected members of each house shall form aquorum to transact business, but a smaller numbermay adjourn from day-to-day and may compel theattendance of absent members.

(B) Journal. Each house shall keep a journal ofits proceedings and have it published immediatelyafter the close of each session. The journal shallaccurately reflect the proceedings of that house,including all record votes. A record vote is a vote byyeas and nays, with each member's vote published inthe journal.

(C) Adjournment. When the legislature is insession, neither house shall adjourn for more thanthree days or to another place without consent of theother house.

§11. Legislative Auditor Section 11. There shall be a legislative auditor

responsible solely to the legislature. He shall serve asa fiscal advisor to it and shall perform the duties andfunctions provided by law related to auditing fiscalrecords of the state, its agencies, and politicalsubdivisions. He shall be elected by the concurrenceof a majority of the elected members of each houseand may be removed by the concurrence of two-thirdsof the elected members of each house.

§12. Prohibited Local and Special Laws Section 12.(A) Prohibitions. Except as otherwise

provided in this constitution, the legislature shall notpass a local or special law:

(1) For the holding and conducting of elections,or fixing or changing the place of voting.

(2) Changing the names of persons; authorizingthe adoption or legitimation of children or theemancipation of minors; affecting the estates ofminors or persons under disabilities; grantingdivorces; changing the law of descent or succession;giving effect to informal or invalid wills or deeds orto any illegal disposition of property.

(3) Concerning any civil or criminal actions,including changing the venue in civil or criminal



cases, or regulating the practice or jurisdiction of anycourt, or changing the rules of evidence in anyjudicial proceeding or inquiry before courts, orproviding or changing methods for the collection ofdebts or the enforcement of judgments, or prescribingthe effects of judicial sales.

(4) Authorizing the laying out, opening, closing,altering, or maintaining of roads, highways, streets, oralleys; relating to ferries and bridges, or incorporatingbridge or ferry companies, except for the erection ofbridges crossing streams which form boundariesbetween this and any other state; authorizing theconstructing of street passenger railroads in anyincorporated town or city.

(5) Exempting property from taxation; extendingthe time for the assessment or collection of taxes;relieving an assessor or collector of taxes from theperformance of his official duties or of his suretiesfrom liability; remitting fines, penalties, andforfeitures; refunding moneys legally paid into thetreasury.

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

(7) Creating private corporations, or amending,renewing, extending, or explaining the chartersthereof; granting to any private corporation,association, or individual any special or exclusiveright, privilege, or immunity.

(8) Regulating the management of parish or citypublic schools, the building or repairing of parish orcity schoolhouses, and the raising of money for suchpurposes.

(9) Legalizing the unauthorized or invalid acts ofany officer, employee, or agent of the state, itsagencies, or political subdivisions.

(10) Defining any crime. (B) Additional Prohibition. The legislature shall

not indirectly enact special or local laws by the partialrepeal or suspension of a general law.

§13. Local or Special Laws; Notice of Intent;Publication

Section 13. (A) Except as otherwise provided inthis Section, no local or special law shall be enactedunless notice of the intent to introduce a bill to enactsuch a law has been published on two separate days,without cost to the state, in the official journal of thelocality where the matter to be affected is situated.The last day of publication shall be at least thirty daysprior to introduction of the bill. The notice shall statethe substance of the contemplated law, and everysuch bill shall recite that notice has been given.

(B) No local or special law relative to thecreation of a special district, the primary purpose of

which includes aiding in crime prevention and addingto the security of district residents by providing for anincreased presence of law enforcement personnel inthe district or otherwise promoting and encouragingsecurity in the district, shall be enacted unless noticeof the intent to introduce such bill has been publishedon three separate days, without cost to the state, in theofficial journal of the locality where the specialdistrict is to be situated. The last day of publicationshall be at least thirty days prior to introduction of thebill. The notice shall state the substance of thecontemplated law, and shall specifically disclosewhether the governing authority of the special districtwould be authorized by the contemplated law toimpose and collect a parcel fee within the district,whether the parcel fee will be imposed or may beincreased without an election, and the maximumamount of the parcel fee if a maximum amount is setforth in the contemplated law. Every such bill shallrecite that the required notice has been given.


§14. Style of Laws; Enacting Clause Section 14. The style of a law enacted by the

legislature shall be, "Be it enacted by the Legislatureof Louisiana." It shall be unnecessary to repeat theenacting clause after the first section of an act.

§15. Passage of Bills Section 15.(A) Introduction; Title; Single Object;

Public Meetings. The legislature shall enact no lawexcept by a bill introduced during that session, andpropose no constitutional amendment except by ajoint resolution introduced during that session, whichshall be processed as a bill. Every bill, except thegeneral appropriation bill and bills for the enactment,rearrangement, codification, or revision of a systemof laws, shall be confined to one object. Every billshall contain a brief title indicative of its object.Action on any matter intended to have the effect oflaw shall be taken only in open, public meeting.

(B) No General Reference. A bill enacting,amending, or reviving a law shall set forth completelythe provisions of the law enacted, amended, orrevived. No system or code of laws shall be adoptedby general reference to it.

(C) Germane Amendments. No bill shall beamended in either house to make a change notgermane to the bill as introduced.

(D) Three Readings. Each bill shall be read atleast by title on three separate days in each house. Nobill shall be considered for final passage unless acommittee has held a public hearing and reported on



the bill. (E) Rejected bills; Reconsideration. No bill

rejected by either house may again be introduced orconsidered during the same session by the housewhich rejected it without the consent of a majority ofthe members elected to that house.

(F) Concurrence in Amendments. No amendmentto a bill by one house shall be concurred in by theother, and no conference committee report shall beconcurred in by either house except by the same voterequired for final passage of the bill. The vote thereonshall be by record vote.

(G) Majority Vote; Record Vote. No bill shallbecome law without the favorable vote of at least amajority of the members elected to each house. Finalpassage of a bill shall be by record vote. In eitherhouse, a record vote shall be taken on any matterupon the request of one-fifth of the elected members.

§16. Appropriations Section 16.(A) Specific Appropriation for One

Year. Except as otherwise provided by thisconstitution, no money shall be withdrawn from thestate treasury except through specific appropriation,and no appropriation shall be made under the headingof contingencies or for longer than one year.

(B) Origin in House of Representatives. All billsfor raising revenue or appropriating money shalloriginate in the House of Representatives, but theSenate may propose or concur in amendments, as inother bills.

(C) General Appropriation Bill; Limitations. Thegeneral appropriation bill shall be itemized and shallcontain only appropriations for the ordinary operatingexpenses of government, public charities, pensions,and the public debt or interest thereon.

(D) Specific Purpose and Amount. All other billsfor appropriating money shall be for a specificpurpose and amount.

(E) Extraordinary Session. Except for expensesof the legislature, a bill appropriating money in anextraordinary session convened after finaladjournment of the regular session in the last year ofthe term of office of a governor shall require thefavorable vote of three-fourths of the electedmembers of each house.

§17. Signing of Bills; Delivery to Governor Section 17.(A) Signing; Delivery. A bill passed

by both houses shall be signed by the presidingofficers and delivered to the governor within threedays after passage.

(B) Resolutions. No joint, concurrent, or otherresolution shall require the signature or other action

of the governor to become effective.

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

Section 18.(A) Gubernatorial Action. If thegovernor does not approve a bill, he may veto it. Abill, except a joint resolution, shall become law if thegovernor signs it or if he fails to sign or veto it withinten days after delivery to him if the legislature is insession on the tenth day after such delivery, or withintwenty days after delivery if the tenth day afterdelivery occurs after the legislature is adjourned.

(B) Veto Message. If the governor vetoes a bill,he shall return it to the legislature, with his vetomessage within twelve days after delivery to him ifthe legislature is in session. If the governor returns avetoed bill after the legislature adjourns, he shallreturn it, with his veto message, as provided by law.

(C) Veto Session. (1) A bill vetoed and returnedand subsequently approved by two-thirds of theelected members of each house shall become law.The legislature shall meet in veto session in the statecapital at noon on the fortieth day following finaladjournment of the most recent session, to considerall bills vetoed by the governor. If the fortieth dayfalls on Sunday, the session shall convene at noon onthe succeeding Monday. No veto session shall exceedfive calendar days, and any veto session may befinally adjourned prior to the end of the fifth dayupon a vote of two-thirds of the elected members ofeach house.

(2) No veto session shall be held if a majority ofthe elected members of either house declare in writingthat a veto session is unnecessary. The declarationmust be received by the presiding officer of therespective houses at least five days prior to the day onwhich the veto session is to convene.


§19. Effective Date of Laws Section 19. All laws enacted during a regular

session of the legislature shall take effect on Augustfirst of the calendar year in which the regular sessionis held and all laws enacted during an extraordinarysession of the legislature shall take effect on thesixtieth day after final adjournment of theextraordinary session in which they were enacted. Alllaws shall be published prior thereto in the officialjournal of the state as provided by law. However, anybill may specify an earlier or later effective date.

Acts 1992, No. 1139, §1, aproved Oct. 3, 1992,eff. Nov. 5, 1992; Acts 2009, No. 537, §1, approvedOctober 2, 1010, eff. January 1, 2012.


Article IV - Executive Branch

§20. Suspension of Laws Section 20. Only the legislature may suspend a

law, and then only by the same vote and, except forgubernatorial veto and time limitations forintroduction, according to the same procedures andformalities required for enactment of that law. Afterthe effective date of this constitution, every resolutionsuspending a law shall fix the period of suspension,which shall not extend beyond the sixtieth day afterfinal adjournment of the next regular session.

ARTICLE IV.EXECUTIVE BRANCH

§1. Composition; Number of Departments;Reorganization

Section 1.(A) Composition. The executivebranch shall consist of the governor, lieutenantgovernor, secretary of state, attorney general,treasurer, commissioner of agriculture, commissionerof insurance, superintendent of education,commissioner of elections, and all other executiveoffices, agencies, and instrumentalities of the state.

(B) Number of Departments. Except for theoffices of governor and lieutenant governor, alloffices, agencies, and other instrumentalities of theexecutive branch and their functions, powers, duties,and responsibilities shall be allocated according tofunction within not more than twenty departments.The powers, functions, and duties allocated by thisconstitution to any executive office or commissionshall not be affected or diminished by the allocationprovided herein except as authorized by Section 20 ofthis Article.

(C) Reorganization. Reallocation of thefunctions, powers, and duties of all departments,offices, agencies, and other instrumentalities of theexecutive branch, except those functions, powers,duties, and responsibilities allocated by thisconstitution, shall be as provided by law.

§2. Qualifications Section 2. To be eligible for any statewide

elective office, a person, by the date of hisqualification as a candidate, shall have attained theage of twenty-five years, be an elector, and have beena citizen of the United States and of this state for atleast the preceding five years. In addition, theattorney general shall have been admitted to thepractice of law in the state for at least the five yearspreceding his election. During his tenure in office, astatewide elected official shall hold no other publicoffice except by virtue of his elected office.

§3. Election; Term Section 3.(A) Election. Except as provided in

Section 20 of this Article, the governor, lieutenantgovernor, secretary of state, attorney general,treasurer, commissioner of agriculture, commissionerof insurance, superintendent of education, andcommissioner of elections each shall be elected for aterm of four years by the electors of the state at thetime and place of voting for members of thelegislature. The term of each such official shall beginat noon on the second Monday in January nextfollowing the election.

(B) Limitation on Governor. A person who hasserved as governor for more than one and one-halfterms in two consecutive terms shall not be electedgovernor for the succeeding term.

(C) Additional Limitation. Except as provided bythis constitution, no official shall be electedstatewide.

(D) Notwithstanding any other provision of thisconstitution or of law to the contrary, statewideelected officials and members of the legislatureelected in 1987 shall hold office from and after thesecond Monday in March, 1988. These statewideelected officials and any successor elected to theunexpired term of any of them shall serve for termswhich shall expire at noon on January 13, 1992.These members of the legislature and any successorelected to the unexpired term of any of them shallserve for terms which shall expire at ten o'clock a.m.on January 13, 1992. Thereafter, statewide electedofficials and members of the legislature shall beelected for terms of four years. For purposes ofretirement, the statewide elected officials andmembers of the legislature elected in 1987 shall bedeemed to be elected for a four-year term.

Acts 1986, No. 1082, §1, approved Sept. 27,1986, eff. Oct. 30, 1986.

§4. Compensation Section 4. Except as otherwise provided by this

constitution, the compensation of each statewideelected official shall be provided by law. An increasein the salary of a statewide elected official shall notbecome effective until the commencement of thesubsequent term for that office following the adoptionor enactment of the increase.


§5. Governor; Powers and DutiesSection 5.(A) Executive Authority. The governor

shall be the chief executive officer of the state. Heshall faithfully support the constitution and laws of



the state and of the United States and shall see thatthe laws are faithfully executed.

(B) Legislative Reports and Recommendations.The governor shall, at the beginning of each regularsession, and may, at other times, make reports andrecommendations and give information to thelegislature concerning the affairs of state, includingits complete financial condition.

(C) Departmental Reports and Information.When requested by the governor, a department headshall provide him with reports and information, inwriting or otherwise, on any subject relating to thedepartment, except matters concerning investigationsof the governor's office.

(D) Operating and Capital Budget. The governorshall submit to the legislature an operating budget anda capital budget, as provided by Article VII, Section11 of this constitution.

(E) Pardon, Commutation, Reprieve, andRemission; Board of Pardons. (1) The governor maygrant reprieves to persons convicted of offensesagainst the state and, upon favorable recommendationof the Board of Pardons, may commute sentences,pardon those convicted of offenses against the state,and remit fines and forfeitures imposed for suchoffenses. However, a first offender convicted of anon-violent crime, or convicted of aggravated battery,second degree battery, aggravated assault, minglingharmful substances, aggravated criminal damage toproperty, purse snatching, extortion, or illegal use ofweapons or dangerous instrumentalities neverpreviously convicted of a felony shall be pardonedautomatically upon completion of his sentence,without a recommendation of the Board of Pardonsand without action by the governor.

(2) The Board of Pardons shall consist of fiveelectors appointed by the governor, subject toconfirmation by the Senate. Each member of theboard shall serve a term concurrent with that of thegovernor appointing him.

(F) Receipt of Bills from the Legislature. Thedate and hour when a bill finally passed by thelegislature is delivered to the governor shall beendorsed thereon.

(G) Item Veto. (1) Except as otherwise provided by this

constitution, the governor may veto any line item inan appropriation bill. Any item vetoed shall be voidunless the veto is overridden as prescribed for thepassage of a bill over a veto.

(2) The governor shall veto line items or usemeans provided in the bill so that total appropriationsfor the year shall not exceed anticipated revenues forthat year.

(H) Appointments. (1) The governor shall appoint, subject to

confirmation by the Senate, the head of eachdepartment in the executive branch whose election orappointment is not provided by this constitution andthe members of each board and commission in theexecutive branch whose election or appointment isnot provided by this constitution or by law.

(2) Should the legislature be in regular session,the governor shall submit for confirmation by theSenate the name of an appointee within forty-eighthours after the appointment is made. Failure of theSenate to confirm the appointment, prior to the end ofthe session, shall constitute rejection.

(3) If the legislature is not in regular session, thegovernor may make interim appointments, whichshall expire at the end of the next regular session,unless submitted to and confirmed by the Senateduring that session.

(4) A person not confirmed by the Senate shallnot be appointed to the same office during any recessof the legislature.

(I) Removal Power. The governor may removefrom office a person he appoints, except a personappointed for a term fixed by this constitution or bylaw.

(J) Commander-in-Chief. The governor shall becommander-in-chief of the armed forces of the state,except when they are called into service of the federalgovernment. He may call out these forces to preservelaw and order, to suppress insurrection, to repelinvasion, or in other times of emergency.

(K) Other Powers and Duties. The governor shallhave other powers and perform other dutiesauthorized by this constitution or provided by law.

Amended by Acts 1999, No. 1398, §1, approvedOct. 23, 1999, eff. Nov. 25, 1999; Acts 1999, No.1401, §1, approved Nov. 20, 1999, eff. Dec. 27,1999.

§6. Lieutenant Governor; Powers and Duties Section 6. The lieutenant governor shall serve ex

officio as a member of each committee, board, andcommission on which the governor serves. He shallexercise the powers delegated to him by the governorand shall have other powers and perform other dutiesin the executive branch authorized by this constitutionor provided by law.

§7. Secretary of State; Powers and Duties Section 7. There shall be a Department of State.

The secretary of state shall head the department andshall be the chief election officer of the state. He shallprepare and certify the ballots for all elections,



promulgate all election returns, and administer theelection laws, except those relating to voterregistration and custody of voting machines. He shalladminister the state corporation and trademark laws;serve as keeper of the Great Seal of the State ofLouisiana and attest therewith all official laws,documents, proclamations, and commissions;administer and preserve the official archives of thestate; promulgate and publish all laws enacted by thelegislature and retain the originals thereof; andcountersign and keep an official registry of allcommissions. He may administer oaths, and shallhave other powers and perform other dutiesauthorized by this constitution or provided by law.

§8. Attorney General; Powers and Duties Section 8. There shall be a Department of

Justice, headed by the attorney general, who shall bethe chief legal officer of the state. The attorneygeneral shall be elected for a term of four years at thestate general election. The assistant attorneys generalshall be appointed by the attorney general to serve athis pleasure.

As necessary for the assertion or protection ofany right or interest of the state, the attorney generalshall have authority (1) to institute, prosecute, orintervene in any civil action or proceeding; (2) uponthe written request of a district attorney, to advise andassist in the prosecution of any criminal case; and (3)for cause, when authorized by the court which wouldhave original jurisdiction and subject to judicialreview, (a) to institute, prosecute, or intervene in anycriminal action or proceeding, or (b) to supersede anyattorney representing the state in any civil or criminalaction.

The attorney general shall exercise other powersand perform other duties authorized by thisconstitution or by law.

§9. Treasurer; Powers and Duties Section 9. There shall be a Department of the

Treasury. The treasurer shall head the department andshall be responsible for the custody, investment, anddisbursement of the public funds of the state, exceptas otherwise provided by this constitution. He shallreport annually to the governor and to the legislatureat least one month before each regular session on thefinancial condition of the state, and shall have otherpowers and perform other duties authorized by thisconstitution or provided by law.

§10. Commissioner of Agriculture; Powers andDuties

Section 10. There shall be a Department ofAgriculture. The commissioner of agriculture shallhead the department and shall exercise all functionsof the state relating to the promotion, protection, andadvancement of agriculture, except research andeducational functions expressly allocated by thisconstitution or by law to other state agencies. Thedepartment shall exercise such functions and thecommissioner shall have other powers and performother duties authorized by this constitution orprovided by law.

§11. Commissioner of Insurance; Powers andDuties

Section 11. There shall be a Department ofInsurance, headed by the commissioner of insurance.The department shall exercise such functions and thecommissioner shall have powers and perform dutiesauthorized by this constitution or provided by law.

§12. Commissioner of Elections; Powers andDuties

Section 12. There shall be a Department ofElections and Registration. The commissioner ofelections shall head the department and shalladminister the laws relating to custody of votingmachines and voter registration. He shall have otherpowers and perform other duties authorized by thisconstitution or provided by law.

§13. First Assistants; Appointment Section 13. Each statewide elected official except

the governor and lieutenant governor shall appoint afirst assistant, subject to public confirmation by theSenate, and may remove him at his pleasure. Theofficial shall submit the appointment to the Senate inthe manner and subject to the procedures andlimitations applicable to appointments submitted bythe governor. The first assistant shall possess thequalifications required for election to the office.

§14. Vacancy in Office of Governor Section 14. When a vacancy occurs in the office

of governor, the order of succession shall be (1) theelected lieutenant governor, (2) the elected secretaryof state, (3) the elected attorney general, (4) theelected treasurer, (5) the presiding officer of theSenate, (6) the presiding officer of the House ofRepresentatives, and then (7) as provided by law. Thesuccessor shall serve the remainder of the term forwhich the governor was elected.



§15. Vacancy in Office of Lieutenant Governor Section 15. Should a vacancy occur in the office

of lieutenant governor, the governor shall nominate alieutenant governor, who shall take office uponconfirmation by a majority vote of the electedmembers of each house of the legislature. If theunexpired term exceeds one year, such person shallserve as lieutenant governor only until the office isfilled as provided in Section 16(B) of this Article.

Amended by Acts 2006, No. 858, §1, approvedSept. 30, 2006, eff. Oct. 31, 2006.

§16. Vacancies in Other Statewide Elective Offices Section 16.(A) A vacancy in a statewide elective

office other than that of governor or lieutenantgovernor shall be filled by the first assistant. If theunexpired term exceeds one year, the first assistantshall serve only until the person elected as providedin Paragraph (B) of this Section takes office.

(B) If the unexpired term exceeds one year, theoffice shall be filled by election at the next regularlyscheduled congressional or statewide election;however, if no such election date is available withinone year of the vacancy, the office shall be filled byelection at a special election called by the governorfor such purpose.

Amended by Acts 2006, No. 858, §1, approvedSept. 30, 2006, eff. Oc. 31, 2006.

§17. Declaration of Inability by Statewide ElectedOfficials

Section 17. When a statewide elected officialtransmits to the presiding officers of the Senate andHouse of Representatives a written declaration of hisinability to discharge the powers and duties of hisoffice, and until he transmits to them a writtendeclaration to the contrary, the person who wouldsucceed to the office when a vacancy occurs shallassume the powers and duties of the office as actingofficial.

§18. Determination of Inability of StatewideElected Official

Section 18.(A) Declaration and Counter-Declaration. When a majority of the statewide electedofficials determine that any other such official isunable to discharge the powers and duties of hisoffice, they shall transmit a written declaration to thiseffect to the presiding officer of each house and to theofficial, and shall file a copy of the declaration in theoffice of the secretary of state. Thereafter, theconstitutional successor shall assume the office asacting official unless, within forty-eight hours afterthe declaration is filed in the office of the secretary of

state, the elected official files in that office andtransmits to the presiding officer of each house hiswritten counter-declaration of his ability to exercisethe powers and perform the duties of his office.

(B) Determination by the Legislature. Thelegislature shall convene at noon on the third calendarday after the filing of any counter-declaration, whichmay be filed by the official at any time. Shouldtwo-thirds of the elected members of each house failto adopt a resolution within seventy-two hoursdeclaring probable justification for the determinationthat inability exists, the official shall continue in orresume office.

(C) Assumption of Office by ConstitutionalSuccessor. If two-thirds of the elected members ofeach house adopt a resolution declaring that probablejustification exists for the declaration of inability, theconstitutional successor shall assume the powers andduties of the office and a copy of the resolution shallbe transmitted forthwith to the supreme court.

(D) Determination by Supreme Court. Bypreference and with priority over all other matters, thesupreme court shall determine the issue of inabilityafter due notice and hearing, by a majority vote ofmembers elected to the court, under such rules as itmay adopt.

(E) Reconsideration by Supreme Court. Ajudgment of the supreme court affirming inabilitymay be reconsidered by the court, after due noticeand hearing, either upon its own motion or upon theapplication of the official. Upon proper showing andby majority vote of its elected members, the courtmay determine that no inability then exists,whereupon the official shall immediately resume thepowers and duties of his office.

§19. Temporary Absences Section 19. When the governor is temporarily

absent from the state, the lieutenant governor shall actas governor. When any other statewide electedofficial is temporarily absent from the state, theappointed first assistant shall act in his absence.

§20. Appointment of Officials; Merger,Consolidation of Offices and Departments

Section 20. After the first election of stateofficials following the effective date of thisconstitution, the legislature may provide, by lawenacted by two-thirds of the elected members of eachhouse, for appointment, in lieu of election, of thecommissioner of agriculture, the commissioner ofinsurance, the superintendent of education, thecommissioner of elections, or any of them. In thatevent, the legislature shall prescribe qualifications



and method of appointment and by similar vote, mayprovide by law for the merger or consolidation of anysuch office, its department, and functions with anyother office or department in the executive branch.No action of the legislature pursuant hereto shallreduce the term or compensation of any incumbentelected official. By law enacted by two-thirds of theelected members of each house, the legislature mayreestablish any such office as elective and, in thatevent, shall prescribe qualifications.

§21. Public Service Commission Section 21.(A)(1) Composition; Term; Domicile.

There shall be a Public Service Commission in theexecutive branch. It shall consist of five members,who shall be elected for overlapping terms of sixyears at the time fixed for congressional electionsfrom single member districts established by law. Thecommission annually shall elect one member aschairman. It shall be domiciled at the state capital, butmay meet, conduct investigations, and render orderselsewhere in this state.

(2) No person who has served as a member of thecommission for more than two and one-half terms inthree consecutive terms shall be elected to thecommission for the succeeding term. ThisSubparagraph shall not apply to any person elected tothe commission prior to the effective date of thisSubparagraph, except that it shall apply to any termof service of any such person that begins after suchdate.

(B) Powers and Duties. The commission shallregulate all common carriers and public utilities andhave such other regulatory authority as provided bylaw. It shall adopt and enforce reasonable rules,regulations, and procedures necessary for thedischarge of its duties, and shall have other powersand perform other duties as provided by law.

(C) Limitation. The commission shall have nopower to regulate any common carrier or publicutility owned, operated, or regulated on the effectivedate of this constitution by the governing authority ofone or more political subdivisions, except by theapproval of a majority of the electors voting in anelection held for that purpose; however, a politicalsubdivision may reinvest itself with such regulatorypower in the manner in which it was surrendered.This Paragraph shall not apply to safety regulationspertaining to the operation of such utilities.

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

(1) Within twenty days after a common carrier orpublic utility files a proposed rate schedule whichwould result in a change in rates, it shall give notice

thereof by publication in the official state journal andin the official journal of each parish within thegeographical area in which the schedule wouldbecome applicable.

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

(3) After the effective filing date of any proposedschedule by a public utility which would result in arate increase, the commission may permit theproposed schedule to be put into effect, in whole or inpart, pending its decision on the application for rateincrease and subject to protective bond or securityapproved by the commission. If no decision isrendered on the application within twelve monthsafter such filing date, the proposed increase may beput into effect, but only if and as provided by law andsubject to protective bond or security requirements,until final action by a court of last resort.

(4) If a proposed increase which has been putinto effect is finally disallowed, in whole or in part,the utility shall make full refund, with legal interestthereon, within the time and in the manner prescribedby law.

(E) Appeals. Appeal may be taken in the mannerprovided by law by any aggrieved party or intervenorto the district court of the domicile of thecommission. A right of direct appeal from anyjudgment of the district court shall be allowed to thesupreme court. These rights of appeal shall extend toany action by the commission, including but notlimited to action taken by the commission or by apublic utility under the provisions of Subparagraph(3) of Paragraph (D) of this Section.

(F) Salary limitation. Any increase in salaryprovided by law for the commission shall not becomeeffective for a member of the commission until thecommencement of the term of office for the memberof the commission following the enactment of theincrease.

Amended by Acts 2008, No. 935, §1, approvedNov. 4, 2008, eff. December 8, 2008; Acts 2009, No.539, §1, approved November 2, 2010, eff. December1, 2010.

§22. Term Limits; Certain Boards andCommissions

(A) A person who has served as a member of anyone or more of the following boards or commissionsfor more than two and one-half terms in threeconsecutive terms combined shall not serve as amember of any of the following boards orcommissions for a period of at least two years after


Article V - Judicial Branch

the completion of such consecutive terms of service:(1) The Public Service Commission.(2) The State Board of Elementary and

Secondary Education.(3) The Board of Regents.(4) The Board of Supervisors for the University

of Louisiana System.(5) The Board of Supervisors of Louisiana State

University and Agricultural and Mechanical College.(6) The Board of Supervisors of Southern

University and Agricultural and Mechanical College.(7) The Board of Supervisors of Community and

Technical Colleges.(8) The Forestry Commission.(9) The State Civil Service Commission.(10) The State Police Commission.(B) This Section shall not apply to any person

who is serving on any such board or commission onthe effective date of this Section, except that it shallapply to any term of service of any such person thatbegins after such date.

Added by Acts 2008, No. 935, §1, approved Nov.4, 2008, effective Dec. 8, 2008.

ARTICLE V.JUDICIAL BRANCH

§1. Judicial Power Section 1. The judicial power is vested in a

supreme court, courts of appeal, district courts, andother courts authorized by this Article.

§2. Habeas Corpus, Needful Writs, Orders andProcess; Contempt

Section 2. A judge may issue writs of habeascorpus and all other needful writs, orders, and processin aid of the jurisdiction of his court. Exercise of thisauthority by a judge of the supreme court or of acourt of appeal is subject to review by the wholecourt. The power to punish for contempt of courtshall be limited by law.

§3. Supreme Court; Composition; Judgments;Terms

Section 3. The supreme court shall be composedof a chief justice and six associate justices, four ofwhom must concur to render judgment. The term of asupreme court judge shall be ten years.

§4. Supreme Court; Districts Section 4. The state shall be divided into at least

six supreme court districts, and at least one judgeshall be elected from each. The districts and thenumber of judges assigned to each on the effective

date of this constitution are retained, subject tochange by law enacted by two-thirds of the electedmembers of each house of the legislature.

§5. Supreme Court; Jurisdiction; Rule-MakingPower; Assignment of Judges

Section 5.(A) Supervisory Jurisdiction;Rule-Making Power; Assignment of Judges. Thesupreme court has general supervisory jurisdictionover all other courts. It may establish procedural andadministrative rules not in conflict with law and mayassign a sitting or retired judge to any court. Thesupreme court shall have sole authority to provide byrule for appointments of attorneys as temporary or adhoc judges of city, municipal, traffic, parish, juvenile,or family courts.

(B) Original Jurisdiction. The supreme court hasexclusive original jurisdiction of disciplinaryproceedings against a member of the bar.

(C) Scope of Review. Except as otherwiseprovided by this constitution, the jurisdiction of thesupreme court in civil cases extends to both law andfacts. In criminal matters, its appellate jurisdictionextends only to questions of law.

(D) Appellate Jurisdiction. In addition to otherappeals provided by this constitution, a case shall beappealable to the supreme court if (1) a law orordinance has been declared unconstitutional or (2)the defendant has been convicted of a capital offenseand a penalty of death actually has been imposed.

(E) Additional Jurisdiction until July 1, 1982. Inaddition to the provisions of Section 5(D) andnotwithstanding the provisions of Section 5(D), orSections 10(A)(3) and 10(C), the supreme court shallhave exclusive appellate jurisdiction to decidecriminal appeals where the defendant has beenconvicted of a felony or a fine exceeding five hundreddollars or imprisonment exceeding six monthsactually has been imposed, but only when an order ofappeal has been entered prior to July 1, 1982 andshall have exclusive supervisory jurisdiction of allcriminal writ applications filed prior to July 1, 1982and of all criminal writ applications relating toconvictions and sentences imposed prior to July 1,1982.

(F) Appellate Jurisdiction; Civil Cases; Extent.Subject to the provisions in Paragraph (C), thesupreme court has appellate jurisdiction over allissues involved in a civil action properly before it.

Amended by Acts 1980, No. 843, §1, approvedNov. 4, 1980, eff. July 1, 1982; Acts 1987, No. 945,§1, approved Nov. 21, 1987, eff. Dec. 24, 1987.



§6. Supreme Court; Chief Justice Section 6. The judge oldest in point of service on

the supreme court shall be chief justice. He is thechief administrative officer of the judicial system ofthe state, subject to rules adopted by the court.

§7. Supreme Court; Personnel Section 7. The supreme court may select a

judicial administrator, its clerks, and other personneland prescribe their duties.

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

Section 8.(A) Circuits; Panels. The state shall bedivided into at least four circuits, with one court ofappeal in each. Each court shall sit in panels of atleast three judges selected according to rules adoptedby the court.

(B) Judgments. A majority of the judges sitting ina case shall concur to render judgment. However, incivil matters only, when a judgment of a district courtor an administrative agency determination in aworkers' compensation claim is to be modified orreversed and one judge dissents, the case shall bereargued before a panel of at least five judges prior torendition of judgment, and a majority shall concur torender judgment.

(C) Terms. The term of a court of appeal judgeshall be ten years.

Amended by Acts 1980, No. 843, §1, approvedNov. 4, 1980, eff. July 1, 1982; Acts 2010, No. 1051,approved November, 2010, eff. December 1, 2010..

§9. Courts of Appeal; Circuits and Districts Section 9. Each circuit shall be divided into at

least three districts, and at least one judge shall beelected from each. The circuits and districts and thenumber of judges as elected in each circuit on theeffective date of this constitution are retained, subjectto change by law enacted by two-thirds of the electedmembers of each house of the legislature.

§10. Courts of Appeal; Jurisdiction Section 10.(A) Jurisdiction. Except as otherwise

provided by this constitution, a court of appeal hasappellate jurisdiction of (1) all civil matters, includingdirect review of administrative agency determinationsin worker's compensation matters as heretofore orhereafter provided by law, (2) all matters appealedfrom family and juvenile courts, and (3) all criminalcases triable by a jury, except as provided in Section5, Paragraph (D)(2) of this Article. It has supervisoryjurisdiction over cases which arise within its circuit.

(B) Scope of Review. Except as limited to

questions of law by this constitution, or as providedby law in the review of administrative agencydeterminations, appellate jurisdiction of a court ofappeal extends to law and facts. In the review of anadministrative agency determination in a worker'scompensation matter, a court of appeal may renderjudgment as provided by law, or, in the interest ofjustice, remand the matter to the administrativeagency for further proceedings. In criminal cases itsappellate jurisdiction extends only to questions oflaw.

(C) Other Criminal Matters. In all criminal casesnot provided for in Paragraph (D)(2) or Paragraph (E)of Section 5 or Paragraph (A)(3) of this Section, adefendant has a right of appeal or review, as providedby law.

Amended by Acts 1980, No. 843, §1, approvedNov. 4, 1980, eff. July 1, 1982; Acts 1990, No. 1098,§1, approved Oct. 6, 1990, eff. Nov. 8, 1990.

§11. Courts of Appeal; Certification Section 11. A court of appeal may certify any

question of law before it to the supreme court, and thesupreme court then may give its binding instruction ordecide the case upon the whole record.

§12. Courts of Appeal; Chief Judge Section 12. The judge oldest in point of service

on each court of appeal shall be chief judge of thatcourt and shall administer the court subject to rulesadopted by it.

§13. Courts of Appeal; Personnel Section 13. Each court of appeal may select its

clerk and other personnel and prescribe their duties.

§14. District Courts; Judicial Districts Section 14. The state shall be divided into

judicial districts, each composed of at least one parishand served by at least one district judge.

§15. Courts; Retention; Jurisdiction; JudicialDistrict Changes; Terms

Section 15.(A) Court Retention; Trial Courts ofLimited Jurisdiction. The district, family, juvenile,parish, city, and magistrate courts existing on theeffective date of this constitution are retained. Subjectto the limitations in Sections 16 and 21 of thisArticle, the legislature by law may abolish or mergetrial courts of limited or specialized jurisdiction. Thelegislature by law may establish trial courts of limitedjurisdiction with parishwide territorial jurisdictionand subject matter jurisdiction which shall be uniformthroughout the state. Effective January 1, 2007, the



legislature by law may establish new judgeships fordistrict courts and establish the new divisions withlimited or specialized jurisdiction within theterritorial jurisdiction of the district court and subjectmatter jurisdiction over family or juvenile matters asprovided by law. The office of city marshal iscontinued until the city court he serves is abolished.

(B) Judicial Districts. The judicial districtsexisting on the effective date of this constitution areretained. Subject to the limitations in Section 21 ofthis Article, the legislature by law may establish,divide, or merge judicial districts with approval in areferendum in each district and parish affected.

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

(D) Number of Judges. The legislature maychange the number of judges in any judicial districtby law enacted by two-thirds of the elected membersof each house.

Amended by Acts 2006, No. 862, §1, approvedNov. 7, 2006, eff. Dec. 11, 2006.

§16. District Courts; JurisdictionSection 16.(A) Original Jurisdiction. (1) Except

as otherwise authorized by this constitution or exceptas heretofore or hereafter provided by law foradministrative agency determinations in worker'scompensation matters, a district court shall haveoriginal jurisdiction of all civil and criminal matters.(2) It shall have exclusive original jurisdiction offelony cases and of cases involving title to immovableproperty, except as provided in (3) below; the right tooffice or other public position; civil or political right;probate and succession matters; except foradministrative agency determination provided for in(1) above, the state, a political corporation, orpolitical subdivisions, or a succession, as a defendant;and the appointment of receivers or liquidators forcorporations or partnerships. (3) The legislature mayprovide by law that a family court has jurisdiction ofcases involving title to movable and immovableproperty when those cases relate to the partition ofcommunity property and the settlement of claimsarising from matrimonial regimes when such actionarises as a result of divorce or annulment of marriage.

(B) Appellate Jurisdiction. A district court shallhave appellate jurisdiction as provided by law.

Amended by Acts 1990, No. 1098, §1, approvedOct. 6, 1990, eff. Nov. 8, 1990; Acts 1993, No. 1040,§1, approved Oct. 1, 1994, eff. Nov. 3, 1994.

§17. District Courts; Chief JudgeSection 17. Each district court shall elect from its

members a chief judge who shall exercise, for a termdesignated by the court, the administrative functionsprescribed by rule of court.

§18. Juvenile and Family Courts; Jurisdiction Section 18. Notwithstanding any contrary

provision of Section 16 of this Article, juvenile andfamily courts shall have jurisdiction as provided bylaw.

§19. Special Juvenile ProceduresSection 19. The determination of guilt or

innocence, the detention, and the custody of a personwho is alleged to have committed a crime prior to hisseventeenth birthday shall be pursuant to specialjuvenile procedures which shall be provided by law.However, the legislature may (1) by a two-thirds voteof the elected members of each house provide thatspecial juvenile procedures shall not apply tojuveniles arrested for having committed first orsecond degree murder, manslaughter, aggravatedrape, armed robbery, aggravated burglary, aggravatedkidnapping, attempted first degree murder, attemptedsecond degree murder, forcible rape, simple rape,second degree kidnapping, a second or subsequentaggravated battery, a second or subsequentaggravated burglary, a second or subsequent offenseof burglary of an inhabited dwelling, or a second orsubsequent felony-grade violation of Part X or X-B ofChapter 4 of Title 40 of the Louisiana RevisedStatutes of 1950, involving the manufacture,distribution, or possession with intent to distributecontrolled dangerous substances, and (2) bytwo-thirds vote of the elected members of each houselower the maximum ages of persons to whom juvenileprocedures shall apply, and (3) by two-thirds vote ofthe elected members of each house establish aprocedure by which the court of original jurisdictionmay waive special juvenile procedures in order thatadult procedures shall apply in individual cases. Thelegislature, by a majority of the elected members ofeach house, shall make special provisions fordetention and custody of juveniles who are subject tothe jurisdiction of the district court pendingdetermination of guilt or innocence.

Amended by Acts 1979, No. 801, §1, approvedOct. 27, 1979, eff. Dec. 1, 1979; Acts 1994, 3rd Ex.Sess., No. 152, §1, approved Oct. 1, 1994, eff. Nov. 3,1994.



§20. Mayors' Courts; Justice of the Peace CourtsSection 20. Mayors' courts and justice of the

peace courts existing on the effective date of thisconstitution are continued, subject to change by law.

§21. Judges; Decrease in Terms andCompensation Prohibited

Section 21. The term of office, retirementbenefits, and compensation of a judge shall not bedecreased during the term for which he is elected.

§22. Judges; Election; VacancySection 22.(A) Election. Except as otherwise

provided in this Section, all judges shall be elected.Election shall be at the regular congressional election.

(B) Vacancy. A newly-created judgeship or avacancy in the office of a judge shall be filled byspecial election called by the governor and heldwithin twelve months after the day on which thevacancy occurs or the judgeship is established, exceptwhen the vacancy occurs in the last twelve months ofan existing term. Until the vacancy is filled, thesupreme court shall appoint a person meeting thequalifications for the office, other than domicile, toserve at its pleasure. The appointee shall be ineligibleas a candidate at the election to fill the vacancy or thenewly-created judicial office. No person serving as anappointed judge, other than a retired judge, shall beeligible for retirement benefits provided for theelected judiciary.

(C) End of Term. A judge serving on theeffective date of this constitution shall serve throughDecember thirty-first of the last year of his term or, ifthe last year of his term is not in the year of a regularcongressional election, then through Decemberthirty-first of the following year. The election for thenext term shall be held in the year in which the termexpires, as provided above.

Amended by Acts 1983, No. 728, §1, approvedOct. 22, 1983, eff. Nov. 23, 1983.

§23. Judges; Retirement Section 23.(A) Retirement System. Within two

years after the effective date of this constitution, thelegislature shall provide for a retirement system forjudges which shall apply to a judge taking office afterthe effective date of the law enacting the system andin which a judge in office at that time may elect tobecome a member, with credit for all prior years ofjudicial service and without contribution therefor.The retirement benefits and judicial service rights of ajudge in office or retired on the effective date of thisconstitution shall not be diminished, nor shall the/benefits to which a surviving spouse is entitled be

reduced. (B) Mandatory Retirement. Except as otherwise

provided in this Section, a judge shall not remain inoffice beyond his seventieth birthday. A judge whoattains seventy years of age while serving a term ofoffice shall be allowed to complete that term ofoffice.

Acts 2003, No. 1296, §1, approved Oct. 4, 2003,eff. Jan 1, 2004.

§24. Judges; QualificationsSection 24.(A) A judge of the supreme court, a

court of appeal, district court, family court, parishcourt, or court having solely juvenile jurisdictionshall have been domiciled in the respective district,circuit, or parish for one year preceding election andshall have been admitted to the practice of law in thestate for at least the number of years specified asfollows:

(1) For the supreme court or a court of appeals -ten years.

(2) For a district court, family court, parish court,or court having solely juvenile jurisdiction - eightyears.

(B) He shall not practice law.Amended by Acts 2006, No. 860, §1, approved

Sept. 30, 2006, eff. Jan. 1, 2008.

§25. Judiciary CommissionSection 25.(A) Composition. The judiciary

commission shall consist of (1) one court of appeal judge and two district

court judges selected by the supreme court; (2) two attorneys admitted to the practice of law

for at least ten years and one attorney admitted to thepractice of law for at least three years but not morethan ten years, selected by the Conference of Court ofAppeal Judges or its successor. They shall not bejudges, active or retired, or public officials, other thannotaries public; and

(3) three citizens, not lawyers, judges active orretired, or public officials, selected by the LouisianaDistrict Judges' Association or its successor.

(B) Term; Vacancy. A member of thecommission shall serve a four-year term and shall beineligible to succeed himself. His term shall end uponthe occurrence of any event which would have madehim ineligible for appointment. When a vacancyoccurs, a successor shall be appointed for a four-yearterm by the authority which appointed hispredecessor.

(C) Powers. On recommendation of the judiciarycommission, the supreme court may censure, suspendwith or without salary, remove from office, or retire



involuntarily a judge for willful misconduct relatingto his official duty, willful and persistent failure toperform his duty, persistent and public conductprejudicial to the administration of justice that bringsthe judicial office into disrepute, conduct while inoffice which would constitute a felony, or convictionof a felony. On recommendation of the judiciarycommission, the supreme court may disqualify ajudge from exercising any judicial function, withoutloss of salary, during pendency of proceedings in thesupreme court. On recommendation of the judiciarycommission, the supreme court may retireinvoluntarily a judge for disability that seriouslyinterferes with the performance of his duties and thatis or is likely to become permanent. The supremecourt shall make rules implementing this Section andproviding for confidentiality and privilege ofcommission proceedings.

(D) Other Disciplinary Action. Action against ajudge under this Section shall not precludedisciplinary action against him concerning his licenseto practice law.

§26. District Attorneys Section 26.(A) Election; Qualifications;

Assistants. In each judicial district a district attorneyshall be elected for a term of six years. He shall havebeen admitted to the practice of law in the state for atleast five years prior to his election and shall haveresided in the district for the two years precedingelection. A district attorney may select assistants asauthorized by law, and other personnel.

(B) Powers. Except as otherwise provided by thisconstitution, a district attorney, or his designatedassistant, shall have charge of every criminalprosecution by the state in his district, be therepresentative of the state before the grand jury in hisdistrict, and be the legal advisor to the grand jury. Heshall perform other duties provided by law.

(C) Prohibition. No district attorney or assistantdistrict attorney shall appear, plead, or in any waydefend or assist in defending any criminal prosecutionor charge. A violation of this Paragraph shall be causefor removal.

§27. Sheriffs Section 27. In each parish a sheriff shall be

elected for a term of four years. He shall be the chieflaw enforcement officer in the parish, except asotherwise provided by this constitution, and shallexecute court orders and process. He shall be thecollector of state and parish ad valorem taxes andsuch other taxes and license fees as provided by law.

This Section shall not apply to Orleans Parish.

§28. Clerks of Court Section 28.(A) Powers and Duties; Deputies. In

each parish a clerk of the district court shall beelected for a term of four years. He shall be ex officionotary public and parish recorder of conveyances,mortgages, and other acts and shall have other dutiesand powers provided by law. The clerk may appointdeputies with duties and powers provided by law and,with the approval of the district judges, he mayappoint minute clerks with duties and powersprovided by law.

(B) Office Hours. The legislature shall establishuniform statewide office hours for clerks of thedistrict courts.

§29. Coroners Section 29. In each parish a coroner shall be

elected for a term of four years. He shall be a licensedphysician and possess the other qualifications andperform the duties provided by law. The requirementthat he be a licensed physician shall be inapplicablein any parish in which no licensed physician willaccept the office.

§30. VacanciesSection 30. When a vacancy occurs in the

following offices, the duties of the office, until it isfilled by election as provided by law, shall beassumed by the persons herein designated: (1) sheriff,by the chief criminal deputy; (2) district attorney, bythe first assistant; (3) clerk of a district court, by thechief deputy; (4) coroner, by the chief deputy. If thereis no such person to assume the duties when thevacancy occurs, the governing authority or authoritiesof the parish or parishes concerned shall appoint aqualified person to assume the duties of the officeuntil filled by election.

§31. Reduction of Salaries and Benefits Prohibited Section 31. The salary and retirement benefits of

an attorney general, district attorney, sheriff, coroner,or clerk of the district court shall not be diminishedduring his term of office.

§32. Orleans Parish Courts, Officials Section 32. Except for provisions relating to

terms of office as provided elsewhere in this Article,and notwithstanding any other contrary provision ofthis constitution, the following courts and officers inOrleans Parish are continued, subject to change bylaw; the civil and criminal district courts; the city,municipal, traffic, and juvenile courts; the clerks ofthe civil and criminal district courts; the civil andcriminal sheriffs; the constables and the clerks of the


Article VI - Local Government

first and second city courts; the register ofconveyances; and the recorder of mortgages.

§33. Jurors Section 33.(A) Qualifications. A citizen of the

state who has reached the age of majority is eligibleto serve as a juror within the parish in which he isdomiciled. The legislature may provide additionalqualifications.

(B) Exemptions. Persons who are seventy yearsof age or older shall be exempt from jury service andmay decline to serve as jurors, but may elect to serveas jurors if they meet the other qualifications forservice as jurors. The supreme court shall provide byrule for other grounds for the exemption of jurors.


§34. Grand JurySection 34.(A) Grand Jury. There shall be a

grand jury or grand juries in each parish, whosequalifications, duties, and responsibilities shall beprovided by law. The secrecy of the proceedings,including the identity of witnesses, shall be providedby law.

(B) Right to Counsel. The legislature mayestablish by law terms and conditions under which awitness may have the right to the advice of counselwhile testifying before the grand jury.

§35. Remedies for TaxpayersSection 35. The remedies required by Article

VII, Section 3(A) of this Constitution shall extend toany unconstitutional tax paid by a taxpayer. TheBoard of Tax Appeals is continued, subject to changeby law enacted by two-thirds of the elected membersof each house of the legislature. It shall havejurisdiction over all matters related to state and localtaxes or fees or other claims against the state asprovided by Chapter 17 of Title 47 of the LouisianaRevised Statutes of 1950, as amended, subject tochange by law. The legislature may extend thejurisdiction of the Board of Tax Appeals, by a lawenacted by a two-thirds vote of the elected membersof each house of the legislature, to matters concerningthe constitutionality of taxes, fees, or other mattersrelated to its jurisdiction which jurisdiction may beconcurrent with the district courts concerning suchmatters.

Added by Acts 2019, No. 446, §1, approved byvoters on October 12, 2019, effective November 18,2019.

ARTICLE VI.LOCAL GOVERNMENT

PART I. GENERAL PROVISIONS

§1. Parishes Section 1.(A) Parishes and Boundaries Ratified.

Parishes and their boundaries as established on theeffective date of this constitution are recognized andratified.

(B) Creation; Dissolution; Merger; Boundaries.The legislature by law may establish and organizenew parishes, dissolve and merge parishes, andchange parish boundaries if approved by two-thirds ofthe electors in each parish affected voting thereon atan election held for that purpose.

(C) Change of Parish Seat. The governingauthority of a parish may call an election on thequestion of changing the parish seat. The parish seatshall be changed if approved by two-thirds of theelectors voting thereon.

(D) Adjustment of Assets and Liabilities. When aparish is enlarged or established from contiguousterritory, it shall be entitled to a just proportion of theproperty and assets and shall be liable for a justproportion of the existing debts and liabilities of theparish or parishes from which the territory is taken.

§2. Municipalities Section 2. The legislature shall provide by

general law for the incorporation, consolidation,merger, and government of municipalities. No localor special law shall create a municipal corporation oramend, modify, or repeal a municipal charter.However, a special legislative charter existing on theeffective date of this constitution may be amended,modified, or repealed by local or special law.

§3. ClassificationSection 3. The legislature may classify parishes

or municipalities according to population or on anyother reasonable basis related to the purpose of theclassification. Legislation may be limited in its effectto any of such class or classes.

§4. Existing Home Rule Charters and Plans ofGovernment

Section 4. Every home rule charter or plan ofgovernment existing or adopted when thisconstitution is adopted shall remain in effect and maybe amended, modified, or repealed as providedtherein. Except as inconsistent with this constitution,each local governmental subdivision which has



adopted such a home rule charter or plan ofgovernment shall retain the powers, functions, andduties in effect when this constitution is adopted. If itscharter permits, 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 inconsistent with this constitution,any local governmental subdivision may draft, adopt,or amend a home rule charter in accordance with thisSection. The governing authority of a localgovernmental subdivision may appoint a commissionto prepare and propose a charter or an alternatecharter, or it may call an election to elect such acommission.

(B) Petition to Elect Commission. The governingauthority shall call an election to elect such acommission when presented with a petition signed bynot less than ten percent of the electors or tenthousand electors, whichever is fewer, who livewithin the boundaries of the affected subdivision, ascertified by the registrar of voters.

(C) Adoption; Amendment; Repeal. A home rulecharter shall be adopted, amended, or repealed whenapproved by a majority of the electors voting thereonat an election held for that purpose.

(D) Adoption by Two or More LocalGovernmental Subdivisions. Two or more localgovernmental subdivisions within the boundaries ofone parish may adopt a home rule charter under thisSection if approved by a majority of the electors ineach affected local governmental subdivision votingthereon in an election held for that purpose. Thelegislature shall provide by law the method ofappointment or election of a commission to prepareand propose a charter consistent with Paragraph (A)of this Section and the method by which the electorsmay petition for an election consistent with Paragraph(B) of this Section. However, at least one member ofthe commission shall be elected or appointed fromeach affected local governmental subdivision.

(E) Structure and Organization; Powers;Functions. A home rule charter adopted under thisSection shall provide the structure and organization,powers, and functions of the government of the localgovernmental subdivision, which may include theexercise of any power and performance of anyfunction necessary, requisite, or proper for themanagement of its affairs, not denied by general lawor inconsistent with this constitution.

(F) Additional Powers and Functions. Except asprohibited by its charter, a local governmentalsubdivision adopting a home rule charter under thisSection shall have the additional powers andfunctions granted to local governmental subdivisionsby other provisions of this constitution.

(G) Parish Officials and School Boards NotAffected. No home rule charter or plan of governmentshall contain any provision affecting a school boardor the offices of district attorney, sheriff, assessor,clerk of a district court, or coroner, which isinconsistent with this constitution or law.

§6. Home Rule Charter or Plan of Government;Action by Legislature Prohibited

Section 6. The legislature shall enact no law theeffect of which changes or affects the structure andorganization or the particular distribution andredistribution of the powers and functions of anylocal governmental subdivision which operates undera home rule charter.

§7. Powers of Other Local GovernmentalSubdivisions

Section 7.(A) Powers and Functions. Subject toand not inconsistent with this constitution, thegoverning authority of a local governmentalsubdivision which has no home rule charter or plan ofgovernment may exercise any power and perform anyfunction necessary, requisite, or proper for themanagement of its affairs, not denied by its charter orby general law, if a majority of the electors voting inan election held for that purpose vote in favor of theproposition that the governing authority may exercisesuch general powers. Otherwise, the localgovernmental subdivision shall have the powersauthorized by this constitution or by law.

(B) Parish Officials and School Boards NotAffected. Nothing in this Section shall affect thepowers and functions of a school board or the officesof district attorney, sheriff, assessor, clerk of a districtcourt, or coroner.

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

Section 8. No parish plan of government or homerule charter shall prohibit the incorporation of a city,town, or village as provided by general law.



§9. Limitations of Local GovernmentalSubdivisions

Section 9.(A) Limitations. No localgovernmental subdivision shall (1) define and providefor the punishment of a felony; or (2) except asprovided by law, enact an ordinance governingprivate or civil relationships.

(B) Police Power Not Abridged. Notwithstandingany provision of this Article, the police power of thestate shall never be abridged.

§10. Codification of Ordinances Section 10. Within two years after the effective

date of this constitution, the governing authority ofeach political subdivision shall have a code preparedcontaining all of its general ordinances. When thecode is prepared, the governing authority shall makecopies available for public distribution. All generalordinances adopted after the approval of the codeshall be amendments or additions to the code.

§11. Local Officials Section 11. The electors of each local

governmental subdivision shall have the exclusiveright to elect their governing authority. Nothingherein shall be construed to prohibit the election ofthe members from single-member districts.

§12. Local Officials; Compensation Section 12. The compensation or method of

fixing the compensation of an elected official of anylocal governmental subdivision which operates undera home rule charter or plan of government, asprovided in Sections 4 and 5 of this Article, shall beprovided in its charter. The compensation or methodof fixing the compensation of an elected official ofany other local governmental subdivision shall beprovided by law. Compensation of a local officialshall not be reduced during the term for which he iselected.

§13. Vacancies Section 13.(A) Vacancy; Appointment. Except as

otherwise provided by this constitution, a vacancy inany local office filled by election wholly within theboundaries of a local governmental subdivision or aschool district shall be filled by appointment by theparticular governing authority of the localgovernmental subdivision or school district in whichthe vacancy occurs, until it is filled by election asprovided by law.

(B) Exception. This Section shall apply to eachlocal governmental subdivision unless otherwiseprovided by its home rule charter or plan of

government.

§14. Increasing Financial Burden of PoliticalSubdivisions

Section 14.(A)(1) No law or state executiveorder, rule, or regulation requiring increasedexpenditures for any purpose shall become effectivewithin a political subdivision until approved byordinance enacted, or resolution adopted, by thegoverning authority of the affected politicalsubdivision or until, and only as long as, thelegislature appropriates funds for the purpose to theaffected political subdivision and only to the extentand amount that such funds are provided, or until alaw provides for a local source of revenue within thepolitical subdivision for the purpose and the affectedpolitical subdivision is authorized by ordinance orresolution to levy and collect such revenue and onlyto the extent and amount of such revenue. ThisParagraph shall not apply to a school board.

(2) This Paragraph shall not apply to:(a) A law requested by the governing authority of

the affected political subdivision.(b) A law defining a new crime or amending an

existing crime.(c) A law enacted and effective prior to the

adoption of the amendment of this Section by theelectors of the state in 1991.

(d) A law enacted, or state executive order, rule,or regulation promulgated, to comply with a federalmandate.

(e) A law providing for civil service, minimumwages, hours, working conditions, and pension andretirement benefits, or vacation or sick leave benefitsfor firemen and municipal policemen.

(f) Any instrument adopted or enacted bytwo-thirds of the elected members of each house ofthe legislature and any rule or regulation adopted toimplement such instrument or adopted pursuantthereto.

(g) A law having insignificant fiscal impact onthe affected political subdivision.

(B)(1) No law requiring increased expenditureswithin a city, parish, or other local public schoolsystem for any purpose shall become effective withinsuch school system only as long as the legislatureappropriates funds for the purpose to the affectedschool system and only to the extent and amount thatsuch funds are provided, or until a law provides for alocal source of revenue within the school system forthe purpose and the affected school board isauthorized by ordinance or resolution to levy andcollect such revenue and only to the extent andamount of such revenue. This Paragraph shall not



apply to any political subdivision to which Paragraph(A) of this Section applies.

(2) This Paragraph shall not apply to:(a) A law requested by the school board of the

affected school system.(b) A law defining a new crime or amending an

existing crime.(c) A law enacted and effective prior to the

adoption of the amendment of this Section by theelectors of the state in 2006.

(d) A law enacted to comply with a federalmandate.

(e) Any instrument adopted or enacted bytwo-thirds of the elected members of each house ofthe legislature.

(f) A law having insignificant fiscal impact onthe affected school system.

(g) The formula for the Minimum FoundationProgram of education as required by Article VIII,Section 13(B) of this constitution, nor to anyinstrument adopted or enacted by the legislatureapproving such formula.

(h) Any law relative to the implementation of thestate school and district accountability system.

Acts 1991, No. 1066, §1, approved Oct. 19,1991, eff. Nov. 21, 1991; Acts 2006, No. 855, §1,approved Sept. 30, 2006, eff. Oct. 31, 2006.

§15. Local Governmental Subdivisions; ControlOver Agencies

Section 15. The governing authority of a localgovernmental subdivision shall have general powerover any agency heretofore or hereafter created by it,including, without limitation, the power to abolish theagency and require prior approval of any charge ortax levied or bond issued by the agency.

§16. Special Districts and Local Public Agencies Section 16.(A) Consolidation. A local

governmental subdivision may consolidate and mergeinto itself any special district or local public agency,except a school district, situated and havingjurisdiction entirely within the boundaries of the localgovernmental subdivision. Upon the consolidationand merger, the local governmental subdivision shallsucceed to and be vested with all of the rights,revenues, resources, jurisdiction, authority, andpowers of the special district or local public agency.A consolidation and merger shall become effectiveonly if approved by a majority of the electors votingthereon in the local governmental subdivision as awhole and by a majority of the electors voting thereonin the affected special district. A local public agencyshall be consolidated and merged only if approved by

a majority of the electors voting thereon in an electionheld for that purpose in the local governmentalsubdivision in which the agency is located.

(B) Assumption of Debt. If the special district orlocal public agency which is consolidated and mergedhas outstanding indebtedness, the authority providedby this Section shall not be exercised unless provisionis made for the assumption of the indebtedness by thegoverning authority of the local governmentalsubdivision involved.

§17. Land Use; Zoning; Historic Preservation Section 17. Subject to uniform procedures

established by law, a local governmental subdivisionmay (1) adopt regulations for land use, zoning, andhistoric preservation, which authority is declared tobe a public purpose; (2) create commissions anddistricts to implement those regulations; (3) reviewdecisions of any such commission; and (4) adoptstandards for use, construction, demolition, andmodification of areas and structures. Existingconstitutional authority for historic preservationcommissions is retained.

§18. Industrial Areas Section 18.(A) Authorization. The legislature by

law may authorize parishes to create and defineindustrial areas within their boundaries in accordancewith procedures and subject to regulations which itdetermines. An industrial area shall not be a politicalsubdivision of the state.

(B) Access by Public Road; Police Protection.When an industrial area is so created, provision shallbe made for access by public road to each entrance tothe premises of every plant in the area, which isprovided for use by employees of the company, or foruse by employees of independent contractors workingon the premises, or for delivery of materials orsupplies, other than by rail or water transportation, tothe premises. Police protection provided by any plantin an industrial area shall be confined to the premisesof that plant.

§19. Special Districts; CreationSection 19. Subject to and not inconsistent with

this constitution, the legislature by general law or bylocal or special law may create or authorize thecreation of special districts, boards, agencies,commissions, and authorities of every type, definetheir powers, and grant to the special districts, boards,agencies, commissions, and authorities so createdsuch rights, powers, and authorities as it deemsproper, including, but not limited to, the power oftaxation and the power to incur debt and issue bonds.



§20. Intergovernmental Cooperation Section 20. Except as otherwise provided by law,

a political subdivision may exercise and perform anyauthorized power and function, including financing,jointly or in cooperation with one or more politicalsubdivisions, either within or without the state, orwith 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 or addition toindustrial enterprises therein which would haveeconomic impact upon the area and thereby the state,(2) provide for the establishment and furnishing ofsuch industrial plant, (3) facilitate the operation ofpublic ports, or (4) provide movable or immovableproperty, or both, for pollution control facilities, thelegislature by law may authorize, subject torestrictions it may impose, any political subdivision,public port commission, or public port, harbor, andterminal district to:

(a) issue bonds, subject to approval by the StateBond Commission or its successor, and use the fundsderived from the sale of the bonds to acquire andimprove industrial plant sites and other propertynecessary to the purposes thereof;

(b) acquire, through purchase, donation,exchange, and expropriation, and improve industrialplant buildings and industrial plant equipment,machinery, furnishings, and appurtenances, includingpublic port facilities and operations which relate to orfacilitate the transportation of goods in domestic andinternational commerce; and

(c) sell, lease, lease-purchase, or demolish all orany part of the foregoing.

(B) Property Expropriated; Sale to AliensProhibited. No property expropriated under theauthority of this Section shall ever, directly orindirectly, be sold or donated to any foreign power,any alien, or any corporation in which the majority ofthe stock is controlled by any foreign power, aliencorporation, or alien.

(C) Exception. This Section shall not apply to aschool board.

(D) Property excepted. The bona fide homestead,as defined by Article VII, Section 20(A)(1), shall notbe subject to expropriation pursuant to this Section.


§22. Procedure for Certain Special Elections Section 22. When an election is required in a

political subdivision under the provisions of thisconstitution which require submission to the electors

of a proposition or question, the election shall becalled, conducted, and the returns thereof canvassed,in accordance with the procedures established by thelaw then in effect pertaining to elections for incurringbonded indebtedness and special taxes relative tolocal finance, or as may be otherwise provided bylaw.

§23. Acquisition of Property Section 23. Subject to and not inconsistent with

this constitution and subject to restrictions providedby general law, political subdivisions may acquireproperty for any public purpose by purchase,donation, expropriation, exchange, or otherwise.

§24. Servitudes of Way; Acquisition byPrescription

Section 24. The public, represented by localgovernmental subdivisions, may acquire servitudes ofway by prescription in the manner prescribed by law.

§25. Courts Not Affected Section 25. Notwithstanding any provision of this

Article, courts and their officers may be establishedor affected only as provided in Article V of thisconstitution.

PART II. FINANCE

§26. Parish Ad Valorem Tax Section 26.(A) Parish Tax for General Purposes;

Millage Limits; Increase. The governing authority ofa parish may levy annually an ad valorem tax forgeneral purposes not to exceed four mills on thedollar of assessed valuation. However, in OrleansParish the limitation shall be seven mills, and inJackson Parish the limitation shall be five mills.Millage rates may be increased in any parish whenapproved by a majority of the electors voting thereonin an election held for that purpose.

(B) Millage Increase Not for General Purposes.When the millage increase is for other than generalpurposes, the proposition shall state the specificpurpose or purposes for which the tax is to be leviedand the length of time the tax is to remain in effect.All proceeds of the tax shall be used solely for thepurpose or purposes set forth in the proposition.

(C) Parish Tax in Municipality. The amount ofthe parish tax for general purposes which any parish,except Orleans Parish, may levy, without a vote of theelectors, on property located wholly within anymunicipality which has a population exceeding onethousand inhabitants according to the last federaldecennial census, or other census authorized by law,



and which provides and maintains a system of streetpaving, shall not exceed one-half the tax levy forgeneral purposes.

(D) Withdrawal from Parish Taxing Authority.This Section shall not affect the withdrawal ofproperty in a municipality from parish taxingauthority, in whole or in part, by a provision of thelegislative charter of a municipality in effect on theeffective date of this constitution.

(E) Additional Taxes for Orleans Parish. (1) Inaddition to any millage authorized by Paragraph (A)of this Section, the governing authority of OrleansParish may levy annually an additional ad valoremtax for fire protection not to exceed ten mills on thedollar of assessed valuation and an additional advalorem tax for police protection not to exceed tenmills on the dollar of assessed valuation.Notwithstanding the provisions of Article VII,Section 20(A), the homestead exemption shall notextend to such additional ad valorem taxes. Theadditional revenues generated by these fire and policemillages shall not displace, replace, or supplantfunding by the city of New Orleans for fire and policeprotection for calendar year 2013 nor shall the levelof funding for such purposes by the city for thatcalendar year be decreased below such level in anysubsequent calendar year. Furthermore, the revenuesgenerated by these fire and police protection servicesthat directly contribute to the safety of the residents ofOrleans Parish. In the event of either of the above, theauthorization for such fire and police millages hereinshall be null, void, and of no effect. This provisionshall mean that no appropriation for any calendar yearfrom such additional revenues shall be made for anypurpose for which a city appropriation was made inthe previous year unless the total appropriations forthat calendar year from the city for such purposeexceed city appropriations for the previous year. Thisprovision shall in no way limit city appropriations inexcess of the minimum amounts herein established.

(2) Any additional ad valorem tax authorized bythe amendment of Subparagraph (1) of this Paragraphas approved by the voters in 2014 shall be levied onlyif approved by a majority of the electors of OrleansParish who vote on a proposition authorizing theadditional tax at an election held for that purpose.

Amended by Acts 1990, No. 1103, §1, approvedOct. 6, 1990, eff. Nov. 8, 1990; Acts 2014, No. 870,§1, approved Nov. 4, 2014, eff. December 10, 2014.

§27. Municipal Ad Valorem Tax Section 27.(A) Municipal Tax for General

Purposes; Millage Limits; Increase. The governingauthority of a municipality may levy annually an ad

valorem tax for general purposes not to exceed sevenmills on the dollar of assessed valuation. However, ifa municipality, by its charter or by law, is exemptfrom payment of parish taxes or, under legislative orconstitutional authority, maintains its own publicschools, it may levy an annual tax not to exceed tenmills on the dollar of assessed valuation. Millagerates may be increased in any municipality whenapproved by a majority of the electors voting thereonin an election held for that purpose.

(B) Millage Increase Not for General Purposes.When the millage increase is for other than generalpurposes, the proposition shall state the specificpurpose or purposes for which the tax is to be leviedand the length of time the tax is to remain in effect.All proceeds of the tax shall be used solely for thepurpose or purposes set forth in the proposition.

(C) Exception. This Section shall not apply to thecity of New Orleans.

§28. Local Governmental Subdivisions;Occupational License Tax

Section 28. The governing authority of a localgovernmental subdivision may impose anoccupational license tax not greater than that imposedby the state. Those who pay a municipal occupationallicense tax shall be exempt from a parishoccupational license tax in the amount of themunicipal tax. The governing authority of a localgovernmental subdivision may impose anoccupational license tax greater than that imposed bythe state when authorized by law enacted by thefavorable vote of two-thirds of the elected membersof each house of the legislature.

§29. Local Governmental Subdivisions and SchoolBoards; Sales Tax

Section 29.(A) Sales Tax Authorized. Except asotherwise authorized in a home rule charter asprovided for in Section 4 of this Article, thegoverning authority of any local governmentalsubdivision or school board may levy and collect atax upon the sale at retail, the use, the lease or rental,the consumption, and the storage for use orconsumption, of tangible personal property and onsales of services as defined by law, if approved by amajority of the electors voting thereon in an electionheld for that purpose. The rate thereof, whencombined with the rate of all other sales and usetaxes, exclusive of state sales and use taxes, leviedand collected within any local governmentalsubdivision, shall not exceed three percent.

(B) Additional Sales Tax Authorized. However,the legislature, by general or by local or special law,



may authorize the imposition of additional sales anduse taxes by local governmental subdivisions orschool boards, if approved by a majority of theelectors voting thereon in an election held for thatpurpose.

(C) Bonds; Security. Nothing in this Section shallaffect any sales or use tax authorized or imposed onthe effective date of this constitution or affect orimpair the security of any bonds payable from theproceeds of the tax.

(D) Exemptions; Protection of Bonds. Exceptwhen bonds secured thereby have been authorized,the legislature may provide for the exemption orexclusion of any goods, tangible personal property, orservices from sales or use taxes only pursuant to oneof the following:

(1) Exemptions or exclusions uniformlyapplicable to the taxes of all local governmentalsubdivisions, school boards, and other politicalsubdivisions whose boundaries are not coterminouswith those of the state.

(2) Exemptions or exclusions applicable to thetaxes of the state or applicable to politicalsubdivisions whose boundaries are coterminous withthose of the state, or both.

(3) Exemptions or exclusions uniformlyapplicable to the taxes of all the tax authorities in thestate.


§30. Political Subdivisions; Taxing PowerSection 30.(A) A political subdivision may

exercise the power of taxation, subject to limitationselsewhere provided by this constitution, underauthority granted by the legislature for parish,municipal, and other local purposes, strictly public intheir nature. This Section shall not affect similargrants to political subdivisions under self-operativesections of this constitution.

(B) Notwithstanding the provisions of Paragraph(A) of this Section, or any other provision of law tothe contrary, no political subdivision shall submit thesame tax proposition, or a new tax proposition thatincludes such a tax proposition, to the electorate morethan once within a six month period except in the caseof an emergency as determined by the governingauthority of the political subdivision.


§30.1. Bonding and Taxing Authority of CertainPolitical Subdivisions and Other PublicEntities

Section 30.1.(A) The Louisiana RecoveryDistrict shall have no power or authority, directly orindirectly, to incur debt or issue bonds after theeffective date of this Section except to refund anysuch outstanding debt or bonds at a lower effectiverate of interest. Any debt or bonds issued andoutstanding on the effective date of this Section, orany debt incurred or bonds issued to refund suchindebtedness or bonds as authorized by this Sectionshall be retired no later than the end of Fiscal Year1998-1999. At such time as there is no debt or bondsof the Louisiana Recovery District outstanding, theLouisiana Recovery District shall cease to exist andany authority or power of the district shall be null andvoid. The Louisiana Recovery District shall not levy anew tax or increase any existing tax of the district.

(B) The legislature shall not grant any power oftaxation or power to incur debt or issue bonds to anyone or more political subdivisions, special districts,agencies, boards, commissions, or other authoritiescreated by the legislature for the purpose ofgenerating revenue for the state whose boundary orcombined boundaries are coterminous with the state,except by law enacted by a favorable record vote oftwo-thirds of the elected members of each house ofthe legislature. This Paragraph shall not apply to theLouisiana Recovery District.

(C) Except as provided in Paragraphs (A) and(B), this Section shall not apply to any politicalsubdivision, special district, agency, board,commission, municipality, parish, school board, leveedistrict, port, or to any other similar authority.

Added by Acts 1994, No. 48, §1, approved Oct.1, 1994, eff. Nov. 3, 1994.

§31. Taxes; Ratification Section 31. Any tax validly being levied by a

political subdivision under prior legislative orconstitutional authority on the effective date of thisconstitution is ratified.

§32. Special Taxes; AuthorizationSection 32. For the purpose of acquiring,

constructing, improving, maintaining, or operatingany work of public improvement, a politicalsubdivision may levy special taxes when authorizedby a majority of the electors in the politicalsubdivision who vote thereon in an election held forthat purpose.



§33. Political Subdivisions; General ObligationBonds

Section 33.(A) Authorization. Subject toapproval by the State Bond Commission or itssuccessor, general obligation bonds may be issuedonly after authorization by a majority of the electorsvoting on the proposition at an election in thepolitical subdivision issuing the bonds. Bonds torefund outstanding indebtedness at the same or at alower effective rate of interest, even though payablesolely from ad valorem taxes, need not be authorizedat an election if the indebtedness refunded is paid orcancelled at the time of the delivery of the refundingbonds, or if money, or securities made eligible forsuch purpose by law, are deposited in escrow in anadequate amount, with interest, to be utilized solely toretire the refunded indebtedness or bonds and to payinterest thereon and redemption premiums, if any, tothe time of retirement.

(B) Full Faith and Credit. The full faith andcredit of a political subdivision is hereby pledged tothe payment of general obligation bonds issued by itunder this constitution or the statute or proceedingspursuant to which they are issued. The governingauthority of the issuing political subdivision shall levyand collect or cause to be levied and collected on alltaxable property in the political subdivision advalorem taxes sufficient to pay principal and interestand redemption premiums, if any, on such bonds asthey mature.

§34. Limitations on Bonded Indebtedness Section 34. The legislature by law shall fix the

limitation on bonded indebtedness payable solelyfrom ad valorem taxes levied by politicalsubdivisions.

§35. Contesting Political Subdivision Bonds Section 35.(A) Contesting Election; Time Limit.

For sixty days after promulgation of the result of anelection held to incur or assume debt, issue bonds, orlevy a tax, any person in interest may contest thelegality of the election, the bond issue provided for,or the tax authorized, for any cause. After that timeno one shall have any cause or right of action tocontest the regularity, formality, or legality of theelection, tax provisions, or bond authorization, forany cause whatsoever. If the validity of any election,tax, debt assumption, or bond issue authorized orprovided for is not raised within the sixty days, theauthority to incur or assume debt, levy the tax, orissue the bonds, the legality thereof, and the taxes andother revenues necessary to pay the same shall beconclusively presumed to be valid, and no court shall

have authority to inquire into such matters. (B) Contesting Ordinance or Resolution; Time

Limit. Every ordinance or resolution authorizing theissuance of bonds or other debt obligation by apolitical subdivision shall be published at least oncein the official journal of the political subdivision or, ifthere is none, in a newspaper having generalcirculation therein. For thirty days after the date ofpublication, any person in interest may contest thelegality of the ordinance or resolution and of anyprovision therein made for the security and paymentof the bonds. After that time, no one shall have anycause of action to test the regularity, formality,legality, or effectiveness of the ordinance orresolution, and provisions thereof for any causewhatever. Thereafter, it shall be conclusivelypresumed that every legal requirement for theissuance of the bonds or other debt obligation,including all things pertaining to the election, if any,at which the bonds or other debt obligation wereauthorized, has been complied with. No court shallhave authority to inquire into any of these mattersafter the thirty days.

§36. Local Improvement Assessments Section 36.(A) Authorization. The legislature

shall provide by general law or by local or special lawthe procedures by which a political subdivision maylevy and collect local or special assessments on realproperty for the purpose of acquiring, constructing, orimproving works of public improvement.

(B) Certificates of Indebtedness; Security.Certificates of indebtedness may be issued to coverthe cost of any such public improvement. They shallbe secured by the pledge of the local or specialassessments levied therefor and may be furthersecured by the pledge of the full faith and credit ofthe political subdivision.

(C) Exception. This Section shall not apply to aschool board.

§37. Revenue-Producing Property Section 37.(A) Authorization. The legislature by

law may authorize political subdivisions to issuebonds or other debt obligations to construct, acquire,extend, or improve any revenue-producing publicutility or work of public improvement. The bonds orother debt obligations may be secured by mortgageon the lands, buildings, machinery, and equipment orby the pledge of the income and revenues of thepublic utility or work of public improvement. Theyshall not be a charge upon the other income andrevenues of the political subdivision.

(B) Exception. This Section shall not apply to a



school board.

PART III. LEVEE DISTRICTS ANDREGIONAL FLOOD

PROTECTION AUTHORITIES

§38. Levee Districts Section 38.(A) Retention; Reorganization;

Consolidation. Levee districts as organized andconstituted on January 1, 1974 shall continue to exist,except that

(1) The legislature may provide by law for theconsolidation, division, or reorganization of existinglevee districts , may create new levee districts, or mayestablish regional flood protection authorities asauthorized by Section 38.1 of this Part. However,except for the board of commissioners of a regionalflood protection authority the members of the boardof commissioners of a district heretofore or hereaftercreated shall be appointed or elected from amongresidents of the district, as provided by law.

(2) A levee district whose flood controlresponsibilities are limited to and which is situatedentirely within one parish may be consolidated andmerged into such parish under the terms andconditions and in the manner provided in Section 16of this Article.

(B) Obligation of Contract Affirmed. No actiontaken under this Section shall impair the obligation ofoutstanding bonded indebtedness or of any othercontract of a levee district.

Amended by Acts 2006, 1st Ex. Sess., No. 43, §1,approved Sept. 30, 2006, eff. Oct. 31, 2006.

§38.1. Regional Flood Protection AuthoritiesSection 38.1.(A) Establishment. (1) The

legislature by law may establish regional floodprotection authorities, with territorial jurisdictionlimited to parishes and levee districts which aresituated entirely or partially within the coastal zone asdescribed in R.S. 49:214.24 as of the effective date ofthis Section, and provide for their territorialjurisdiction, governing authority, powers, duties, andfunctions for the purpose of constructing andmaintaining levees, levee drainage, flood protection,and hurricane flood protection within the territorialjurisdiction of the authority, and for all otherpurposes incidental thereto. Each authority shall begoverned by a board of commissioners which shallalso be the governing authority of each levee districtwithin the territorial jurisdiction of the authority.

(2) The legislature, by law, may include withinterritorial jurisdiction of the regional flood protectionauthority one or more parishes or portions of parishes

which are included in one or more levee districts thatare not included within territorial jurisdiction of theauthority. The inclusion of such parishes or portionsof parishes shall not affect the authority of therespective levee district (a) to levy taxes in such areasnor prohibit the levy of taxes provided for in thisSection in such areas, (b) to employ and provide forits employees, or (c) to own, construct, and maintainits property.

(B) Authority-wide Tax. In addition to the taxesauthorized to be levied by any levee district situatedwithin the territorial jurisdiction of a regional floodprotection authority, the board of commissioners ofthe authority may levy annually a tax on the dollar ofthe assessed valuation of all property not exemptfrom taxation situated within the territorialjurisdiction of the authority. The necessity and thelevy and rate of the tax, or any increase thereof, shallbe subject to the provisions of Article VII, Section 20of this Constitution and shall be subject to theprovisions of Article VII, Section 21(F) of thisConstitution and shall be submitted to the electorswithin the authority, and the tax or increase shall takeeffect only if approved by:

(1) A majority of the electors voting thereonwithin that authority, and

(2) Each of the parishes in that authority, by amajority of the electors voting thereon in each parish,in an election held for that purpose.

(C) Notwithstanding the provisions of ArticleVII, Section 10.2(D) of this Constitution, thelegislature may appropriate up to five hundredthousand dollars annually to regional flood protectionauthorities from the Coastal Protection andRestoration Fund.

(D) Obligation of Contract Affirmed. No actiontaken under this Section shall impair the obligation ofoutstanding bonded indebtedness or of any othercontract of a levee district.

(E) The phrase "levee district" when used inSections 40 and 41 of this Part and in Articles VIIand IX of this Constitution shall include regionalflood protection authorities.

Added by Acts 2006, 1st Ex. Sess., No. 43, §1,approved Sept. 30, 2006, eff. Oct. 31, 2006.

§39. Levee District TaxesSection 39.(A) District Tax; Millage Limit. For

the purpose of constructing and maintaining levees,levee drainage, flood protection, hurricane floodprotection, and for all other purposes incidentalthereto, the governing authority of a levee districtcreated prior to January 1, 2006, may levy annually atax not to exceed five mills, except the Board of



Levee Commissioners of the Orleans Levee Districtwhich may levy annually a tax not to exceed two andone-half mills on the dollar of the assessed valuationof all taxable property situated within the alluvialportions of the district subject to overflow.

(B) Millage Increase. If the necessity to raiseadditional funds arises in any levee district createdprior to January 1, 2006, for any purpose set forth inParagraph (A) of this Section, or for any otherpurpose related to its authorized powers and functionsas specified by law, the tax may be increased.However, the necessity and the rate of the increaseshall be submitted to the electors of the district, andthe tax increase shall take effect only if approved by amajority of the electors voting thereon in an electionheld for that purpose.

(C) Districts Created After January 1, 2006. Forany purpose set forth in Paragraph (A) of this Section,the governing authority of a levee district createdafter January 1, 2006, may annually levy a tax on allproperty not exempt from taxation situated within thealluvial portions of the district subject to overflow.However, such a district shall not levy such a tax norincrease the rate of such a tax unless the levy or theincrease is approved by a majority of the electors ofthe district who vote in an election held for thatpurpose. If the district is comprised of territory inmore than one parish, approval by a majority of theelectors who vote in each parish comprising thedistrict is also required for any such levy or increase.

Amended by Acts 2006, 1st Ex. Sess., No. 43, §1,approved Sept. 30, 2006, eff. Oct. 31, 2006.

§40. Bond Issues Section 40.(A) Authorization. Subject to

approval by the State Bond Commission or itssuccessor, the governing authority of a levee districtmay fund the proceeds of its taxes or other revenuesinto bonds or other evidences of indebtedness.Proceeds thus derived shall be used for the purposesmentioned in Part III of this Article or for the fundingor payment of any outstanding indebtedness.

(B) Sale. Bonds issued under the authority ofParagraph (A) shall be sold as provided by lawconcerning the issuance of bonds by levee districts.

§41. Cooperation with Federal Government Section 41. The governing authority of any levee

district may cooperate with the federal government inconstructing and maintaining levees in this state,under terms and conditions provided by the federalauthorities and accepted by the governing authority.

§42. Compensation for Property Used orDestroyed; Tax

Section 42.(A) Compensation. Notwithstandingany contrary provision of this constitution, lands andimprovements thereon hereafter actually used ordestroyed for levees or levee drainage purposes shallbe paid for as provided by law. With respect to landsand improvements actually used or destroyed in theconstruction, enlargement, improvement, ormodification of federal or non-federal hurricaneprotection projects, including mitigation relatedthereto, such payment shall not exceed the amount ofcompensation authorized under Article I, Section4(G) of this constitution. However, nothing containedin this Paragraph with respect to compensation forlands and improvements shall apply to batture or toproperty the control of which is vested in the state orany political subdivision for the purpose ofcommerce. If the district has no other funds orresources from which the payment can be made, itshall levy on all taxable property within the district atax sufficient to pay for property used or destroyed tobe used solely in the district where collected.

(B) Appropriation. Nothing in this Section shallprevent the appropriation of such property beforepayment.


PART IV. PORT COMMISSIONSAND DISTRICTS

§43. Port Commissions and Districts Section 43. All deep-water port commissions and

all deep-water port, harbor, and terminal districts asorganized and constituted on January 1, 1974,including their powers and functions, structure andorganization, and territorial jurisdiction, are ratifiedand confirmed and shall continue to exist, except that

(1) The legislature by law may grant additionalpowers and functions to any such commission ordistrict and may create new port commissions or port,harbor, and terminal districts.

(2) Only by law enacted by the favorable vote oftwo-thirds of the elected members of each house, maythe legislature consolidate or abolish any suchcommission or district or diminish, reduce, orwithdraw from any such commission or district any ofits powers and functions and affect the structure andorganization, distribution, and redistribution of thepowers and functions of any such commission ordistrict, including additions to or reductions of itsterritorial jurisdiction.


Article VII - Revenue and Finance

(3) The legislature shall enact laws with respectto the membership of the commissions provided inthis Section. Once the law with respect tomembership is enacted, it may be changed only bylaw enacted by the favorable vote of two-thirds of theelected members of each house.

PART V. DEFINITIONS

§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 local government,including a school board and a special district,authorized by law to perform governmental functions.

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

(4) "Governing authority" means the body whichexercises the legislative functions of the politicalsubdivision.

(5) "General law" means a law of statewideconcern enacted by the legislature which is uniformlyapplicable to all persons or to all politicalsubdivisions in the state or which is uniformlyapplicable to all persons or to all politicalsubdivisions within the same class.

(6) "General obligation bonds" means thosebonds, the principal and interest of which are securedby and payable from ad valorem taxes levied withoutlimitation as to rate or amount.

(7) "Deep-water port commissions" and"deep-water port, harbor, and terminal districts" meanthose commissions or districts within whose territorialjurisdiction exist facilities capable of accommodatingvessels of at least twenty-five feet of draft and ofengaging in foreign commerce.

ARTICLE VII.REVENUE AND FINANCE

PART I. GENERAL PROVISIONS

§1. Power to Tax; Public PurposeSection 1.(A) Except as otherwise provided by

this constitution, the power of taxation shall be vestedin the legislature, shall never be surrendered,suspended, or contracted away, and shall be exercisedfor public purposes only.

(B) The power to tax may not be exercised byany court in the state, either by ordering the levy of atax, an increase in an existing tax, or the repeal of an

existing tax exemption or by ordering the legislatureor any municipal or parish governing authority or anyother political subdivision or governmental entity todo so.


§2. Power to Tax; LimitationSection 2. The levy of a new tax, an increase in

an existing tax, or a repeal of an existing taxexemption shall require the enactment of a law bytwo-thirds of the elected members of each house ofthe legislature.

§2.1. Fees and Civil Fines; LimitationSection 2.1.(A) Any new fee or civil fine or

increase in an existing fee or civil fine imposed orassessed by the state or any board, department, oragency of the state shall require the enactment of alaw by a two-thirds vote of the elected members ofeach house of the legislature.

(B) The provisions of this Section shall not applyto any department which is constitutionally createdand headed by an officer who is elected by majorityvote of the electorate of the state.

Added by Acts 1995, No. 1324, §1, approvedOct. 21, 1995, eff. Nov. 23, 1995.

§2.2. Power to Tax; Sales and Use Tax; LimitationSection 2.2.(A) Effective January 1, 2003, the

sales and use tax rate imposed by the state ofLouisiana or by a political subdivision whoseboundaries are coterminous with those of the stateshall not exceed two percent of the price of thefollowing items:

(1) Food for home consumption, as defined inR.S. 47:305(D)(1)(n) through (r) on January 1, 2003.

(2) Natural gas, electricity, and water solddirectly to the consumer for residential use.

(3) Prescription drugs.(B) Effective July 1, 2003, the sales and use tax

imposed by the state of Louisiana or by a politicalsubdivision whose boundaries are coterminous withthose of the state shall not apply to sales or purchasesof the following items:

(1) Food for home consumption, as defined inR.S. 47:305(D)(1)(n) through (r) on January 1, 2003.

(2) Natural gas, electricity, and water solddirectly to the consumer for residential use.

(3) Prescription drugs.(C) As used in this Section, the term "sold

directly to the consumer for residential use" includesthe furnishing of natural gas, electricity, or water tosingle private residences, including the separate



private units of apartment houses and other multipledwellings, actually used for residential purposes,which residences are separately metered or measured,regardless of the fact that a person other than theresident is contractually bound to the supplier for thecharges, actually pays the charges, or is billed for thecharges. The use of electricity, natural gas, or waterin hotel or motel units does not constitute residentialuse.

Acts 2002, No. 88, §1, approved Nov. 5, 2002,eff. Jan. 1, 2003.

§2.3. Power to Tax; Limitation; Sale or Transferof Immovable Property

Section 2.3. No new tax or fee upon the sale ortransfer of immovable property, includingdocumentary transaction taxes or fees, or any othertax or fee, shall be levied by the state of Louisiana, bya political subdivision whose boundaries arecoterminous with those of the state, or by a politicalsubdivision, as defined in Article VI, Section 44(2) ofthis constitution after November 30, 2011. Adocumentary transaction is any transaction pursuantto any instrument, act, writing, or document whichtransfers or conveys immovable property. Fees for thecost of recordation, filing, or maintenance ofdocuments, or records effectuating the sale or transferof immovable property, impact fees for developmentof property, annual parcel fees, and ad valorem taxesshall not be considered taxes or fees upon the sale ortransfer of immovable property.

Added by Acts 2011, No. 425, §1, approvedNovember 19, 2011, eff. November 30, 2011.

§3. Collection of TaxesSection 3.(A) The legislature shall prohibit the

issuance of process to restrain the collection of anytax. It shall provide a complete and adequate remedyfor the prompt recovery of an illegal tax paid by ataxpayer.

(B)(1) Notwithstanding any contrary provision ofthis constitution, sales and use taxes levied bypolitical subdivisions shall be collected by a singlecollector for each parish. On or before July 1, 1992,all political subdivisions within each parish whichlevy a sales and use tax shall agree between andamong themselves to provide for the collection ofsuch taxes by a single collector or a central collectioncommission. The legislature, by general law, shallprovide for the collection of sales and use taxes,levied by political subdivisions, by a centralcollection commission in those parishes where asingle collector or a central collection commissionhas not been established by July 1, 1992.

(2) The legislature, by local law enacted bytwo-thirds of the elected members of each house ofthe legislature, may establish an alternate method ofproviding for a single collector or a central collectioncommission in each parish.

(3) Except when authorized by the unanimousagreement of all political subdivisions levying a salesand use tax within a parish, only those politicalsubdivisions levying a sales and use tax shall beauthorized to act as the single collector or participateon any commission established for the collection ofsuch taxes.

(4) The legislature shall provide for the promptremittance to the political subdivisions identified onthe taxpayers' returns of funds collected pursuant tothe provisions of this Paragraph by a single collectoror under any other centralized collectionarrangement.

(5) The provisions of this Paragraph shall notapply in those parishes which have a single collectoror a centralized collection arrangement as of July 1,1992.


§4. Income Tax; Severance Tax; PoliticalSubdivisions

Section 4.(A) Income Tax. Equal and uniformtaxes may be levied on net incomes, and these taxesmay be graduated according to the amount of netincome. However, the state individual and jointincome tax schedule of rates and brackets shall neverexceed the rates and brackets set forth in Title 47 ofthe Louisiana Revised Statutes on January 1, 2003.Federal income taxes paid shall be allowed as adeductible item in computing state income taxes forthe same period.

(B) Severance Tax. (1) Taxes may be levied onnatural resources severed from the soil or water, to bepaid proportionately by the owners thereof at the timeof severance. Natural resources may be classified forthe purpose of taxation. Such taxes may bepredicated upon either the quantity or value of theproducts at the time and place of severance. Nofurther or additional tax or license shall be levied orimposed upon oil, gas, or sulphur leases or rights. Noadditional value shall be added to the assessment ofland by reason of the presence of oil, gas, or sulphurtherein or their production therefrom. However,sulphur in place shall be assessed for ad valoremtaxation to the person, firm, or corporation having theright to mine or produce the same in the parish wherelocated, at no more than twice the total assessed valueof the physical property subject to taxation, excluding



the assessed value of sulphur above ground, as is usedin sulphur operations in such parish. Likewise, theseverance tax shall be the only tax on timber;however, standing timber shall be liable equally withthe land on which it stands for ad valorem taxeslevied on the land.

(2) Notwithstanding the provisions ofSubparagraph (1) of this Paragraph, the presence ofoil or gas or the production thereof, may be includedin the methodology to determine the fair market valueof an oil or gas well for ad valorem taxes.

(B) Severance Tax. Taxes may be levied onnatural resources severed from the soil or water, to bepaid proportionately by the owners thereof at the timeof severance. Natural resources may be classified forthe purpose of taxation. Such taxes may be predicatedupon either the quantity or value of the products atthe time and place of severance. No further oradditional tax or license shall be levied or imposedupon oil, gas, or sulphur leases or rights. Noadditional value shall be added to the assessment ofland by reason of the presence of oil, gas, or sulphurtherein or their production therefrom. However,sulphur in place shall be assessed for ad valoremtaxation to the person, firm, or corporation having theright to mine or produce the same in the parish wherelocated, at no more than twice the total assessed valueof the physical property subject to taxation, excludingthe assessed value of sulphur above ground, as is usedin sulphur operations in such parish. Likewise, theseverance tax shall be the only tax on timber;however, standing timber shall be liable equally withthe land on which it stands for ad valorem taxeslevied on the land.

(C) Political Subdivisions; Prohibitions. Apolitical subdivision of the state shall not levy aseverance tax, income tax, inheritance tax, or tax onmotor fuel.

(D)(1) Severance Tax Allocation. One-third ofthe sulphur severance tax, but not to exceed onehundred thousand dollars; one-third of the ligniteseverance tax, but not to exceed one hundredthousand dollars; one-fifth of the severance tax on allnatural resources, other than sulphur, lignite, ortimber, but not to exceed five hundred thousanddollars; and three-fourths of the timber severance taxshall be remitted to the governing authority of theparish in which severance or production occurs.

(2) Effective July 1, 1999, one-third of thesulphur severance tax, but not to exceed one hundredthousand dollars; one-third of the lignite severancetax, but not to exceed one hundred thousand dollars;one-fifth of the severance tax on all natural resources,other than sulphur, lignite, or timber, but not to

exceed seven hundred fifty thousand dollars; andthree-fourths of the timber severance tax shall beremitted to the governing authority of the parish inwhich severance or production occurs.

(3) Effective July 1, 2007, one-fifth of theseverance tax on all natural resources other thansulphur, lignite, or timber shall be remitted to thegoverning authority of the parish in which severanceor production occurs. The initial maximum amountremitted to the parish in which severance orproduction occurs shall not exceed eight hundred fiftythousand dollars. The maximum amount remittedshall be increased each July first, beginning in 2008,by an amount equal to the average annual increase inthe Consumer Price Index for all urban consumers, aspublished by the United States Department of Labor,for the previous calendar year, as calculated andadopted by the Revenue Estimating Conference.

(4) Effective April 1, 2012, the provisions ofthis Subparagraph shall be implemented if and whenthe last official forecast of revenues adopted for afiscal year before the start of that fiscal year containsan estimate of severance tax revenues derived fromnatural resources other than sulphur, lignite, or timberin an amount which exceeds the actual severance taxrevenues from such natural resources collected inFiscal Year 2008-2009. Upon the adoption of suchofficial forecast, the Revenue Estimating Conferenceshall certify that the requirements for theimplementation of the provisions contained in thisSubparagraph have been met. In such event, thefollowing distributions and allocations of severancetax revenues and other revenues provided in thisSubparagraph shall be effective and implemented forthe fiscal year for which the official forecast wasadopted, and each year thereafter. The legislatureshall provide by law for the administrative proceduresnecessary to change the severance tax allocation toparishes from a calendar year basis to a fiscal yearbasis.

(a) Remittance to parishes.(i) In the first fiscal year of implementation of

this Subparagraph, the maximum amount ofseverance tax on all natural resources other thansulphur, lignite, or timber which is remitted to theparish in which severance or production occurs shallnot exceed one million eight hundred fifty thousanddollars. For all subsequent fiscal years, the maximumamount remitted to a parish shall not exceed twomillion eight hundred fifty thousand dollars.

(ii) On July first of each year the maximumamount remitted to the parish in which severance orproduction occurs, as provided in Item (i) of thisSubsubparagraph, shall be increased by an amount



equal to the average annual increase in the ConsumerPrice Index for all urban consumers for the previouscalendar year, as published by the United StatesDepartment of Labor, which amount shall be ascalculated and adopted by the Revenue EstimatingConference.

(iii) Of the total amount of severance taxrevenues remitted in a fiscal year to a parishgoverning authority pursuant to the provisions of thisSubparagraph, any portion which is in excess of theamount of such tax revenues remitted to that parish inFiscal Year 2011-2012 shall be known as "excessseverance tax". At least fifty percent of the excessseverance tax received by a parish governingauthority in a fiscal year shall be expended within theparish in the same manner and for the same purposesas monies received by the parish from the ParishTransportation Fund.

(b) Deposit into the Atchafalaya BasinConservation Fund.

(i) Notwithstanding any other provision of thisconstitution to the contrary, after allocation of moneyto the Bond Security and Redemption Fund asprovided in Article VII, Section 9(B) of thisconstitution, and after satisfying the requiredallocations in Subsubparagraph (a) of thisSubparagraph, Paragraph (E) of this Section, andArticle VII, Sections 10-A and 10.2 of thisconstitution, an amount equal to fifty percent of therevenues received from severance taxes and royaltieson state lands in the Atchafalaya Basin, but not toexceed ten million dollars each fiscal year, shall bedeposited by the treasurer into the Atchafalaya BasinConservation Fund, hereinafter referred to as the"fund", which is hereby created as a special fund inthe state treasury. The monies in the fund shall beinvested by the treasurer in the manner provided bylaw, and interest earned on the investment of thesemonies shall be deposited in and credited to the fund. All unexpended or unencumbered monies remainingin the fund at the end of the fiscal year shall remain inthe fund.

(ii) The monies in the fund shall be usedexclusively for projects contained in the state orfederal Basin master plans or an annual Basin plandeveloped and approved by the advisory or approvalboard created by law specifically for that purpose, orto provide match for the Atchafalaya Basin FloodwaySystem, Louisiana Project. Each year's plan for theexpenditure of monies appropriated from the fundshall be subject to the approval of the appropriatesubject matter committees of the legislature.

(iii) Of the monies appropriated in any fiscalyear, eighty-five percent shall be used for water

management, water quality, or access projects, andthe remaining fifteen percent may be used tocomplete ongoing projects and for projects that are inaccordance with the mission statement of the statemaster plan. However, no more than five percent ofthe monies appropriated in any fiscal year may beused for the operational costs of the program or thedepartment.

(E) Royalties Allocation. One-tenth of theroyalties from mineral leases on state-owned land,lake and river beds and other water bottomsbelonging to the state or the title to which is in thepublic for mineral development shall be remitted tothe governing authority of the parish in whichseverance or production occurs. A parish governingauthority may fund these royalties into generalobligation bonds of the parish in accordance with law.The provisions of this Paragraph shall not apply toproperties comprising the Russell Sage Wildlife andGame Refuge.

Amended by Acts 1990, No. 1100, §1, approvedOct. 6, 1990, eff. Aug. 1, 1990; Acts 1990, No. 1105,§1, approved Oct. 6, 1990, eff. Jan. 1, 1991; Acts1997, No. 1499, §1, approved Oct. 3, 1998, eff. Nov.5, 1998; Acts 2002, No. 88, approved Nov. 5, 2002,eff. Jan. 1, 2003; Acts 2006, No. 864, §1, approvedNov. 7, 2006, eff. Dec. 11, 2006; Acts 2009, No. 541,§1, approved November 2, 2010, eff. April 1, 2012;Acts 2020, No. 368, §1, approved by voters onNovember 3, 2020, effective December 10, 2020.

§4.1. Cigarette Tax RatesSection 4.1. To ensure revenue for the dedication

provided for in Article VII, Section 10.8(C)(2)(c) ofthis constitution, the rate of the tax levied pursuant toR.S. 47:841(B)(3) shall not be less than the rate setforth in that provision as it exists on January 1, 2012

Added by Acts 2011, No. 423, §1, approvedOctober 22, 2011, eff. November 21, 2011.

§5. Motor Vehicle License Tax Section 5. The legislature shall impose an annual

license tax of not more than one dollar per each onethousand dollars of actual value on automobiles forprivate use based on the actual value of the vehicle,as provided by law. However, the annual license taxshall not be less than ten dollars per automobile forprivate use. On other motor vehicles, the legislatureshall impose an annual license tax based uponcarrying capacity, horsepower, value, weight, or anyof these. After satisfying the requirements of Section9(B) of this Article, and after satisfying pledgesrespecting that portion of the revenues attributable tothe tax rates in effect at the time of such pledges for



the payment of obligations for bonds or otherevidences of indebtedness and upon the creation of aTransportation Trust Fund within this constitution,the revenues from the license tax on automobiles forprivate use shall be deposited therein. In the event nosuch trust fund is established in this constitution, therevenues shall be used exclusively and solely asprovided by law for the construction, maintenance,and safety of the federal and state system of roads andbridges, for the parish and municipal road systems,for the operations of the office of state police,Department of Public Safety and Corrections or itssuccessor, and for the payment of any obligation forbonds issued or indebtedness incurred in connectionwith any of the foregoing, which bonds may be issuedas revenue bonds under Article VII, Section 6(C) ofthis constitution, subject to existing pledges only as tothat portion of the tax collections attributable to therates in effect at the time of such pledges for thepayment of any obligations for bonds or otherevidences of indebtedness outstanding on theeffective date of this Section. No parish ormunicipality may impose a license fee on motorvehicles.

Amended by Acts 1989, 2nd Ex. Sess., No. 28,§1, approved Oct. 7, 1989, eff. Nov. 7, 1989.

§6. State Debt; Full Faith and Credit Obligations Section 6.(A) Authorization. Unless otherwise

authorized by this constitution, the state shall have nopower, directly or indirectly, or through any stateboard, agency, commission, or otherwise, to incurdebt or issue bonds except by law enacted bytwo-thirds of the elected members of each house ofthe legislature. The debt may be incurred or the bondsissued only if the funds are to be used to repelinvasion; suppress insurrection; provide relief fromnatural catastrophes; refund outstanding indebtednessat the same or a lower effective interest rate; or makecapital improvements, but only in accordance with acomprehensive capital budget, which the legislatureshall adopt.

(B) Capital Improvements. (1) If the purpose isto make capital improvements, the nature andlocation and, if more than one project, the amountallocated to each and the order of priority shall bestated in the comprehensive capital budget which thelegislature adopts.

(2) The estimated amount of debt service to bepaid for capital improvements for the next fiscal yearshall be stated as a separate item and by budget unitin the budget estimate required to be submitted by thegovernor in accordance with Section 11 of thisArticle.

(C) Full Faith and Credit. The full faith andcredit of the state shall be pledged to the repaymentof all bonds or other evidences of indebtedness issuedby the state directly or through any state board,agency, or commission pursuant to the provisions ofParagraphs (A) and (B) hereof. The full faith andcredit of the state is not hereby pledged to therepayment of bonds of a levee district, politicalsubdivision, or local public agency. In addition, anystate board, agency, or commission authorized by lawto issue bonds, in the manner so authorized and withthe approval of the State Bond Commission or itssuccessor, may issue bonds which are payable fromfees, rates, rentals, tolls, charges, grants, or otherreceipts or income derived by or in connection withan undertaking, facility, project, or any combinationthereof, without a pledge of the full faith and credit ofthe state. Such revenue bonds may, but are notrequired to, be issued in accordance with theprovisions of Paragraphs (A) and (B) hereof. If issuedother than as provided in Paragraphs (A) and (B),such revenue bonds shall not carry the pledge of thefull faith and credit of the state and the issuance of thebonds shall not constitute the incurring of state debtunder this constitution. The rights granted todeep-water port commissions or deep-water port,harbor, and terminal districts under this constitutionshall not be impaired by this Section.

(D) Referendum. The legislature, by law enactedby two-thirds of the elected members of each house,may propose a statewide public referendum toauthorize incurrence of debt for any purpose forwhich the legislature is not herein authorized to incurdebt.

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

(F) Limitation. (1) The legislature shall providefor the determination of a limit to the amount of netstate tax supported debt which may be issued by thestate in any fiscal year. Net state tax supported debtshall be defined by law. When enacted, suchdefinition shall not be changed except by specificlegislative instrument which receives a favorable voteof two-thirds of the elected members of each house ofthe legislature. The limitation shall be established sothat by Fiscal Year 2003-2004 and thereafter theamount necessary to service outstanding net state taxsupported debt shall not exceed six percent of theestimate of money to be received by the state generalfund and dedicated funds contained in the official



forecast adopted by the Revenue EstimatingConference at its first meeting after the beginning ofeach fiscal year and any other money required to beincluded in the estimate by this Paragraph. In makingsuch estimate, the conference shall include allamounts which are to be used to service net state taxsupported debt. For purposes of this Paragraph,servicing outstanding net state tax supported debtincludes payments of principal, interest, and sinkingfund requirements. The limitation establishedpursuant to this Paragraph shall not be construed toprevent the payment of debt service on net state taxsupported debt.

(2) The limitation established pursuant to thisParagraph may be changed by passage of a specificlegislative instrument by a favorable vote oftwo-thirds of the elected members of each house ofthe legislature. The limitation may be exceeded bypassage of a specific legislative instrument for aproject or related projects by a favorable vote oftwo-thirds of the elected members of each house ofthe legislature, provided that any debt servicepayment required for such projects shall, once bondshave been issued in connection therewith, not beimpaired in any future year by application of thislimitation. The limitation established pursuant to thisSubparagraph shall be deemed to be increased asnecessary to accommodate any projects approved toexceed this limit if approved as provided in thisParagraph, but only as long as there are bondsoutstanding for the projects.

(3) Except as provided in Subparagraph (2) ofthis Paragraph, the State Bond Commission shall notapprove the issuance of any net state tax supporteddebt, the debt service requirement of which wouldcause the limit herein established to be exceeded.

Amended by Acts 1993, No. 1043, §1, approvedOct. 16, 1993, eff. Nov. 18, 1993; Acts 1993, No.1044, §1, approved Oct. 16, 1993, eff. Nov. 18, 1993.

§7. State Debt; Interim Emergency BoardSection 7.(A) Composition. The Interim

Emergency Board is created. It shall be composed ofthe governor, lieutenant governor, state treasurer,presiding officer of each house of the legislature,chairman of the Senate Finance Committee, andchairman of the House Appropriations Committee, ortheir designees.

(B) Powers. Between sessions of the legislature,when the board by majority vote determines that anemergency or impending flood emergency exists, itmay appropriate from the state general fund orborrow on the full faith and credit of the state anamount to meet the emergency. The appropriation

may be made or the indebtedness incurred only for apurpose for which the legislature may appropriatefunds and then only after the board obtains, asprovided by law, the written consent of two-thirds ofthe elected members of each house of the legislature.For the purposes of this Paragraph, an emergency isan event or occurrence not reasonably anticipated bythe legislature and an impending flood emergencyshall be an anticipated situation which endangers anexisting flood protection structure. The appropriationor indebtedness incurred for an impending floodemergency shall not exceed two hundred fiftythousand dollars for any one event or occurrence. Foran impending emergency to qualify for funding itmust be determined as such by the United StatesArmy Corp of Engineers or the United States CoastGuard. Total funding for such impendingemergencies shall not exceed twenty-five percent ofthe funds annually available to the Interim EmergencyBoard.

(C) Limits. The aggregate of indebtednessoutstanding at any one time and the amountappropriated from the state general fund for thecurrent fiscal year under the authority of this Sectionshall not exceed one-tenth of one percent of total staterevenue receipts for the previous fiscal year.

(D) Allocation. An amount sufficient to payindebtedness incurred during the preceding fiscal yearunder the authority of this Section is allocated, as afirst priority, each year from the state general fund.


§8. State Bond CommissionSection 8.(A) Creation. The State Bond

Commission is created. Its membership and authorityshall be determined by law.

(B) Approval of Bonds. No bonds or otherobligations shall be issued or sold by the state,directly or through any state board, agency, orcommission, or by any political subdivision of thestate, unless prior written approval of the bondcommission is obtained.

(C) Contesting State Bonds. Bonds, notes,certificates, or other evidences of indebtedness of thestate (hereafter referred to as "bonds") shall not beinvalid because of any irregularity or defect in theproceedings or in the issuance and sale thereof andshall be incontestable in the hands of a bona fidepurchaser or holder. The issuing agency, afterauthorizing the issuance of bonds by resolution, shallpublish once in the official journal of the state, asprovided by law, a notice of intention to issue thebonds. The notice shall include a description of the



bonds and the security therefor. Within thirty daysafter the publication, any person in interest maycontest the legality of the resolution, any provision ofthe bonds to be issued pursuant to it, the provisionssecuring the bonds, and the validity of all otherprovisions and proceedings relating to theauthorization and issuance of the bonds. If no actionor proceeding is instituted within the thirty days, noperson may contest the validity of the bonds, theprovisions of the resolution pursuant to which thebonds were issued, the security of the bonds, or thevalidity of any other provisions or proceedingsrelating to their authorization and issuance, and thebonds shall be presumed conclusively to be legal.Thereafter no court shall have authority to inquireinto such matters.

§9. State Funds Section 9.(A) Deposit in State Treasury. All

money received by the state or by any state board,agency, or commission shall be depositedimmediately upon receipt in the state treasury, exceptthat received:

(1) as a result of grants or donations or otherforms of assistance when the terms and conditionsthereof or of agreements pertaining thereto requireotherwise;

(2) by trade or professional associations; (3) by the employment security administration

fund or its successor; (4) by retirement system funds; (5) by state agencies operating under authority of

this constitution preponderantly from fees andcharges for the shipment of goods in internationalmaritime trade and commerce; and

(6) by a state board, agency, or commission, butpledged by it in connection with the issuance ofrevenue bonds as provided in Paragraph (C) ofSection 6 of this Article, other than any surplus asmay be defined in the law authorizing such revenuebonds.

(B) Bond Security and Redemption Fund.Subject to contractual obligations existing on theeffective date of this constitution, all state moneydeposited in the state treasury shall be credited to aspecial fund designated as the Bond Security andRedemption Fund, except money received as theresult of grants or donations or other forms ofassistance when the terms and conditions thereof or ofagreements pertaining thereto require otherwise. Ineach fiscal year an amount is allocated from the bondsecurity and redemption fund sufficient to pay allobligations which are secured by the full faith andcredit of the state and which become due and payable

within the current fiscal year, including principal,interest, premiums, sinking or reserve fund, and otherrequirements. Thereafter, except as otherwiseprovided by law, money remaining in the fund shallbe credited to the state general fund.

(C) Exception. Nothing in this Section shallapply to a levee district or political subdivision unlessthe full faith and credit of the state is pledged to thepayment of the bonds of the levee district or politicalsubdivision.

§10. Expenditure of State FundsSection 10.(A) Revenue Estimating Conference.

The Revenue Estimating Conference shall becomposed of four members: the governor, or hisdesignee, the president of the senate, or his designee,the speaker of the house or his designee, and a facultymember of a university or college in Louisiana whohas expertise in forecasting revenues. Changes to themembership beyond the four members shall be madeby law enacted by a favorable vote of two-thirds ofthe elected members of each house.

(B) Official Forecast. The conference shallprepare and publish initial and revised estimates ofmoney to be received by the state general fund anddedicated funds for the current and next fiscal yearswhich are available for appropriation. In eachestimate, the conference shall designate the money inthe estimate which is recurring and which isnonrecurring. All conference decisions to adopt theseestimates shall be by unanimous vote of its members.Changes to the unanimous vote requirement shall bemade by law enacted by a favorable vote oftwo-thirds of the elected members of each house. Themost recently adopted estimate of money availablefor appropriation shall be the official forecast.

(C) Expenditure Limit. (1) The legislature shallprovide for the determination of an expenditure limitfor each fiscal year to be established during the firstquarter of the calendar year for the next fiscal year.However, the expenditure limit for the 1991-1992Fiscal Year shall be the actual appropriations fromthe state general fund and dedicated funds for thatyear except funds allocated by Article VII, Section 4,Paragraphs (D) and (E). For subsequent fiscal years,the limit shall not exceed the expenditure limit for thecurrent fiscal year plus an amount equal to that limittimes a positive growth factor. The growth factor isthe average annual percentage rate of change ofpersonal income for Louisiana as defined andreported by the United States Department ofCommerce for the three calendar years prior to thefiscal year for which the limit is calculated.

(2) The expenditure limit may be changed in any



fiscal year by a favorable vote of two-thirds of theelected members of each house. Any such change inthe expenditure limit shall be approved by passage ofa specific legislative instrument which clearly statesthe intent to change the limit.

(3) Beginning with the 1995-1996 Fiscal Year,the expenditure limit shall be determined inaccordance with the provisions of Paragraph (J) ofthis Section. The redetermination of the expenditurelimit for each fiscal year from the 1991-1992 FiscalYear through the 1994-1995 Fiscal Year shall only beused in computing the expenditure limit for the1995-1996 Fiscal Year and shall not affect theexpenditure limit already computed in accordancewith this Paragraph for such fiscal years.

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

(D) Appropriations. (1) Except as otherwiseprovided by this constitution, money shall be drawnfrom the state treasury only pursuant to anappropriation made in accordance with law.Appropriations from the state general fund anddedicated funds except funds allocated by Article VII,Section 4, Paragraphs (D) and (E) shall not exceedthe expenditure limit for the fiscal year.

(2) Except as otherwise provided in thisconstitution, the appropriation or allocation of anymoney designated in the official forecast asnonrecurring shall be made only for the followingpurposes:

(a) Retiring or for the defeasance of bonds inadvance or in addition to the existing amortizationrequirements of the state.

(b)(i) Providing for payments against theunfunded accrued liability of the public retirementsystems which are in addition to any paymentsrequired for the annual amortization of the unfundedaccrued liability of the public retirement systems, asrequired by Article X, Section 29(E)(2)(c) of thisconstitution; however, any such payments to thepublic retirement systems shall not be used, directlyor indirectly, to fund cost-of-living increases for suchsystems.

(ii) For Fiscal Years 2013-2014 and 2014-2015the legislature shall appropriate no less than fivepercent of any money designated in the officialforecast as nonrecurring to the Louisiana StateEmployees' Retirement System and the Teachers'Retirement System of Louisiana for application to thebalance of the unfunded accrued liability of suchsystems existing as of June 30, 1988, in proportion tothe balance of such unfunded accrued liability of eachsuch system. Any such payments to the public

retirement systems shall not be used, directly orindirectly, to fund cost-of-living increases for suchsystems.

(iii) For Fiscal Year 2015-2016 and every fiscalyear thereafter the legislature shall appropriate no lessthan ten percent of any money designated in theofficial forecast as nonrecurring to the LouisianaState Employees' Retirement System and theTeachers' Retirement System of Louisiana forapplication to the balance of the unfunded accruedliability of such systems existing as of June 30, 1988,in proportion to the balance of such unfunded accruedliability of each such system. Any such payments tothe public retirement systems shall not be used,directly or indirectly, to fund cost-of-living increasesfor such systems.

(c) Providing funding for capital outlay projectsin the comprehensive state capital budget.

(d) Providing for allocation or appropriation fordeposit into the Budget Stabilization Fund establishedin Article VII, Section 10.3 of this constitution.

(e) Providing for allocation or appropriation fordeposit into the Coastal Protection and RestorationFund established in Article VII, Section 10.2 of thisconstitution.

(f) Providing for new highway construction forwhich federal matching funds are available, withoutexcluding highway projects otherwise eligible ascapital projects under other provisions of thisconstitution.

(3)(a) The legislature shall provide by law for thepayment by the state of supplements to the salaries offull-time local law enforcement and fire protectionofficers of the state. No law shall reduce anypayments by the state provided as a supplement to thesalaries of full-time local law enforcement and fireprotection officers of the state. Beginning with thefiscal year which begins July 1, 2003, the legislatureshall appropriate funds sufficient to fully fund thecost of such state supplement to the salaries of full-time law enforcement and fire protection officers.

(b) For the purposes of this Subparagraph, locallaw enforcement and fire protection officers shallmean and include the same classes of officers whichare eligible for such state salary supplements underthe law as of July 1, 2003.

(c) Full funding as required in Subsubparagraph(a) of this Subparagraph shall be equal to the amountwhich is required to meet the requirements of law.

(d) Neither the governor nor the legislature mayreduce an appropriation made pursuant to thisSubparagraph except that the governor may reducesuch appropriation using means provided in the Actcontaining the appropriation, provided that two-thirds



of the elected members of each house of thelegislature consent to any such reduction in writing.

(E) Balanced Budget. Appropriations by thelegislature from the state general fund and dedicatedfunds for any fiscal year except funds allocated byArticle VII, Section 4, Paragraphs (D) and (E) shallnot exceed the official forecast in effect at the timethe appropriations are made.

(F) Projected Deficit. (1) The legislature by lawshall establish a procedure to determine ifappropriations will exceed the official forecast and anadequate method for adjusting appropriations in orderto eliminate a projected deficit. Any law establishinga procedure to determine if appropriations willexceed the official forecast and methods for adjustingappropriations, including any constitutionallyprotected or mandated allocations or appropriations,once enacted, shall not be changed except by specificlegislative instrument which receives a favorable voteof two-thirds of the elected members of each house ofthe legislature. Notwithstanding the provisions ofArticle III, Section 2 of this constitution, such lawmay be introduced and considered in any regularsession of the legislature.

(2)(a) Notwithstanding any other provision ofthis constitution to the contrary, adjustments to anyconstitutionally protected or mandated allocations orappropriations, and transfer of monies associated withsuch adjustments, are authorized when state generalfund allocations or appropriations have been reducedin an aggregate amount equal to at least seven-tenthsof one percent of the total of such allocations andappropriations for a fiscal year. Such adjustmentsmay not exceed five percent of the total appropriationor allocation from a fund for the fiscal year. Forpurposes of this Subsubparagraph, reductions toexpenditures required by Article VIII, Section 13(B)of this constitution shall not exceed one percent andsuch reductions shall not be applicable toinstructional activities included within the meaning ofinstruction pursuant to the Minimum FoundationProgram formula. Notwithstanding any otherprovisions of this constitution to the contrary, moniestransferred as a result of such budget adjustments aredeemed available for appropriation and expenditurein the year of the transfer from one fund to another,but in no event shall the aggregate amount of anytransfers exceed the amount of the deficit.

(b) Notwithstanding any other provision of thisconstitution to the contrary, for the purposes of thebudget estimate and enactment of the budget for thenext fiscal year, when the official forecast ofrecurring revenues for the next fiscal year is at leastone percent less than the official forecast for the

current fiscal year, the following procedure may beemployed to avoid a budget deficit in the next fiscalyear. An amount not to exceed five percent of thetotal appropriations or allocations for the currentfiscal year from any fund established by law or thisconstitution shall be available for expenditure in thenext fiscal year for a purpose other than asspecifically provided by law or this constitution. Forthe purposes of this Subsubparagraph, an amount notto exceed one percent of the current fiscal yearappropriation for expenditures required by ArticleVIII, Section 13(B) of this constitution shall beavailable for expenditures for other purposes in thenext fiscal year. Notwithstanding any other provisionsof this constitution to the contrary, monies madeavailable as authorized under this Subsubparagraphmay be transferred to a fund for which revenues havebeen forecast to be less than the revenues in thecurrent fiscal year for such fund. Monies transferredas a result of the budget actions authorized by thisSubsubparagraph are deemed available forappropriation and expenditure, but in no event shallthe aggregate amount of any such transfers exceed theamount of the difference between the official forecastfor the current fiscal year and the next fiscal year.

(c) The legislature may provide by law for theimplementation of the provisions of thisSubparagraph.

(3) If within thirty days of the determination thatappropriations will exceed the official forecast thenecessary adjustments in appropriations are not madeto eliminate the projected deficit, the governor shallcall a special session of the legislature for thispurpose unless the legislature is in regular session.This special session shall commence as soon aspossible as allowed by the provisions of thisconstitution, including but not limited to Article III,Section 2(B).

(4) The provisions of Subparagraphs (1) and (2)of this Paragraph shall not be applicable to, noraffect:

(a) The Bond Security and Redemption Fund orany bonds secured thereby, or any other fundspledged as security for bonds or other evidences ofindebtedness.

(b) The allocations provided for by Article VII,Section 4(D) and (E) of this constitution.

(c) The contributions made in accordance withArticle X, Section 29(E) of this constitution.

(d) The Louisiana Education Quality Trust Fundas defined in Article VII, Section 10.1(A)(1) of thisconstitution.

(e) The Millennium Trust as provided in ArticleVII, Section 10.8 of this constitution, except for



appropriations from the trust.(f) Any monies not required to be deposited in

the state treasury as provided in Article VII, Section 9of this constitution.

(g) The Medicaid Trust Fund for the Elderlycreated under the provisions of R.S. 46:2691 et seq.

(h) The Revenue Stabilization Trust Fund asprovided in Article VII, Section 10.15 of thisconstitution.

(i) The Louisiana Unclaimed Property PermanentTrust Fund, as provided in Article VII, Section 28 ofthis constitution.

(G) Year End Deficit. If a deficit exists in anyfund at the end of a fiscal year, that deficit shall beeliminated no later than the end of the next fiscalyear.

(H) Publication. The legislature shall havepublished a regular statement of receipts andexpenditures of all state money at intervals of notmore than one year.

(I) Public Purpose. No appropriation shall bemade except for a public purpose.

(J) Definition of Funds. For the purposes of thisArticle, the state general fund and dedicated fundsshall be all money required to be deposited in thestate treasury, except that money the origin of whichis:

(1) The federal government.(2) Self-generated collections by any entity

subject to the policy and management authorityestablished by Article VIII, Sections 5 through 7.

(3) A transfer from another state agency, board,or commission.

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

Amended by Acts 1990, No. 1096, §1, approvedOct. 6, 1990, eff. Nov. 8, 1990; Acts 1993, No. 1042,§1, approved, Oct. 16, 1993, eff. Nov. 18, 1993; Acts1993, No. 1045, §1, approved Oct. 16, 1993, eff. Nov.18, 1993; Acts 1997, No. 1501, §1, approved Oct. 3,1998, eff. Nov. 5, 1998; Acts 2001, No. 1234, §1,approved Nov. 5, 2002, eff. Dec. 10, 2002; Acts2001, No. 1236, §1, approved Nov. 5, 2002, eff. Dec.10, 2002; Acts 2003, No. 1302, §1, approved Oct. 4,2003, eff. Nov. 6, 2003; Acts 2005, 1st Ex. Sess., No.69, §1, approved September 30, 2006, eff. October31, 2006; Acts 2007, No. 483, §1, approved October20, 2007, eff. November 19, 2007; Acts 2011, No.422, §1, approved October 22, 2011, eff. November21, 2011; Acts 2012, No. 873, §1, approvedNovember 6, 2012, effective December 10, 2012; Acts 2016, No. 679, §1, approved November 8, 2016,effective December 13, 2016; Acts2020 1st Ex.Sess.,

No. 38, §1, approved November 3, 2020, eff.December 10, 2020.

§10-A. Wildlife and Fisheries; Conservation Fund Section 10-A. (A) Conservation Fund. Effective

July 1, 1988, there shall be established in the statetreasury, as a special fund, the Louisiana Wildlife andFisheries Conservation Fund, hereinafter referred toas the Conservation Fund. Out of the funds remainingin the Bond Security and Redemption Fund after asufficient amount is allocated from that fund to payall obligations secured by the full faith and credit ofthe state which become due and payable within anyfiscal year as required by Article VII, Section 9(B) ofthis constitution, the treasurer shall pay into theConservation Fund all of the following, except asprovided in Article VII, Section 9(A), and except forthe amount provided in R.S. 56:10(B)(1)(a) as thatprovision existed on the effective date of this Section:

(1) All revenue from the types and classes offees, licenses, permits, royalties, or other revenuepaid into the Conservation Fund as provided by lawon the effective date of this Section. Such revenueshall be deposited in the Conservation Fund even ifthe names of such fees, licenses, permits, or otherrevenues are changed.

Any increase in the amount charged for suchfees, licenses, permits, royalties, and other revenue,or any new fee, license, permit, royalty, or otherrevenue, enacted by the legislature after the effectivedate of this Section, shall be irrevocably dedicatedand deposited in the Conservation Fund unless thelegislature enacts a law specifically appropriating ordedicating such revenue to another fund or purpose.

(2) The balance remaining on June 30, 1988 inthe Conservation Fund established pursuant to R.S.56:10.

(3) All funds or revenues which may be donatedexpressly to the Conservation Fund.

(B) The monies in the Conservation Fund shallbe appropriated by the legislature to the Departmentof Wildlife and Fisheries, or its successor, and shallbe used solely for the programs and purposes ofconservation, protection, preservation, management,and replenishment of the state's natural resources andwildlife, including use for land acquisition or forfederal matching fund programs which promote suchpurposes, and for the operation and administration ofthe Department and the Wildlife and FisheriesCommission, or their successors.

(C) All unexpended and unencumbered moniesin the Conservation Fund at the end of the fiscal yearshall remain in the fund. The monies in the fund shallbe invested by the treasurer in the manner provided



by law. All interest earned on monies invested by thetreasurer shall be deposited in the fund. The treasurershall prepare and submit to the department on aquarterly basis a printed report showing the amountof money contained in the fund from all sources.


§10.1. Quality Trust Fund; EducationSection 10.1.(A) Louisiana Education Quality

Trust Fund. (1) Effective January 1, 1987, there shallbe established in the state treasury as a specialpermanent trust fund the Louisiana Education QualityTrust Fund, hereinafter referred to as the "PermanentTrust Fund." After allocation of money to the BondSecurity and Redemption Fund as provided in ArticleVII, Section 9(B) of this constitution, andnotwithstanding Article XIV, Section 10 of thisconstitution, the treasurer shall deposit in and creditto the Permanent Trust Fund all money which isreceived after the first one hundred million dollarsfrom the federal government under Section 1337(g)of Title 43 of the United States Code which isattributable to mineral production activity or leasingactivity on the Outer Continental Shelf which hasbeen held in escrow pending a settlement between theUnited States and the state of Louisiana; twenty-fivepercent of the recurring revenues received underSection 1337(g) of Title 43 of the United States Codewhich are attributable to mineral production activityor leasing activity on the Outer Continental Shelf;twenty-five percent of the interest income earned oninvestment of monies in the Permanent Trust Fund;seventy-five percent of the realized capital gains oninvestment of the Permanent Trust Fund, unless suchpercentage is changed by law enacted by two-thirdsof the elected members of each house of thelegislature; and twenty-five percent of the dividendincome earned on investment of the Permanent TrustFund. No appropriation shall be made from thePermanent Trust Fund. If any such money has beenreceived prior to the effective date of this Section, thetreasurer shall transfer from the state general fund tothe Permanent Trust Fund on the effective date of thisSection an amount of money which shall make thePermanent Trust Fund balance equal to the amount ofsuch money previously received, except for the firstone hundred million dollars. After six hundredmillion dollars has been credited to the PermanentTrust Fund, the sum of fifty million dollars shall becredited to the Coastal Environment Protection TrustFund, as established in R.S. 30:313, from thosemonies received from the federal government underSection 1337(g) of Title 43 of the United States Code

which is attributable to mineral production activity orleasing activity on the Outer Continental Shelf andwhich has been held in escrow pending a settlementbetween the United States and the state of Louisiana;all funds in excess of seven hundred fifty milliondollars shall be credited to the Permanent Trust Fund.

(2) After allocation of money to the BondSecurity and Redemption Fund as provided in ArticleVII, Section 9(B) of the constitution, andnotwithstanding Article XIV, Section 10 of theconstitution, seventy-five percent of the recurringrevenues received under Section 1337(g) of Title 43of the United States Code which are attributable tomineral production activity or leasing activity, and thepercent remaining of the realized capital gains andinterest income and dividend income earned oninvestment of the Permanent Trust Fund after thedeposit required to the Permanent Trust Fund inParagraph A(1) of this Section shall be deposited andcredited to a special fund which is hereby created inthe state treasury and which shall be known as theLouisiana Quality Education Support Fund,hereinafter referred to as the "Support Fund".

(3) All recurring revenues and interest earningsshall be credited to the respective funds as providedin Subparagraphs (1) and (2) above until the balancein the Permanent Trust Fund equals two billiondollars. After the Permanent Trust Fund reaches abalance of two billion dollars, all interest earnings onthe Permanent Trust Fund shall be credited to theSupport Fund and all recurring revenues shall becredited to the State General Fund.

(B) Investment. The money credited to thePermanent Trust Fund pursuant to Paragraph (A) ofthis Section shall be permanently credited to thePermanent Trust Fund and shall be invested by thetreasurer. Notwithstanding any provision of thisconstitution or other law to the contrary, a portion ofmoney in the Permanent Trust Fund, not to exceedthirty-five percent, may be invested in stock. Thelegislature shall provide for procedures for theinvestment of such monies by law. The treasurer shallcontract, subject to the approval of the State BondCommission, for the management of suchinvestments. The amounts in the Support Fund shallbe available for appropriation to pay expensesincurred in the investment and management of thePermanent Trust Fund and for educational purposesonly as provided in Paragraphs (C) and (D) of thisSection.

(C) Reports; Allocation. (1) The State Board ofElementary and Secondary Education and the Boardof Regents shall annually submit to the legislature andthe governor not less than sixty days prior to the



beginning of each regular session of the legislature aproposed program and budget for the expenditure ofthe monies in the Support Fund. Proposals for suchexpenditures shall be designed to improve the qualityof education and shall specifically designate thosemonies to be used for administrative costs, as definedand authorized by law.

(2) Except for appropriations to pay expensesincurred in the investment and management of thePermanent Trust Fund, the legislature shallappropriate from the Support Fund only foreducational purposes provided in Paragraph (D) ofthis Section and shall appropriate fifty percent of theavailable funds for higher educational purposes andfifty percent for elementary and secondaryeducational purposes. Those monies to be used foradministrative costs shall be expended for suchpurposes only if so approved and appropriated by thelegislature.

(3) The legislature shall appropriate the totalamount intended for higher educational purposes tothe Board of Regents and the total amount intendedfor elementary and secondary educational purposes tothe State Board of Elementary and SecondaryEducation which boards shall allocate the monies soappropriated to the programs as previously approvedby the legislature.

(4) The monies appropriated by the legislatureand disbursed from the Support Fund shall notdisplace, replace, or supplant appropriations from thegeneral fund for elementary and secondary education,including implementing the Minimum FoundationProgram, or displace, replace, or supplant funding forhigher education. For elementary and secondaryeducation and for higher education, this Paragraphshall mean that no appropriation for any fiscal yearfrom the Support Fund shall be made for any purposefor which a general fund appropriation was made inthe previous year unless the total appropriations forthat fiscal year from the state general fund for suchpurpose exceed general fund appropriations for theprevious year. This Paragraph shall in no way limitgeneral fund appropriations in excess of the minimumamounts herein established.

(D) Disbursement; Higher Education andElementary and Secondary Education.

(1) The treasurer shall disburse not more thanfifty percent of the monies in the Support Fund as thatmoney is appropriated by the legislature and allocatedby the Board of Regents for any or all of thefollowing higher educational purposes to enhanceeconomic development:

(a) The carefully defined research efforts ofpublic and private universities in Louisiana.

(b) The endowment of chairs for eminentscholars.

(c) The enhancement of the quality of academic,research, or agricultural departments or units within acommunity college, college, or university. Thesefunds shall not be used for athletic purposes orprograms.students.

(2) The treasurer shall disburse not more thanfifty percent of the monies in the Support Fund as thatmoney is appropriated by the legislature and allocatedby the State Board of Elementary and SecondaryEducation for any or all of the following elementaryand secondary educational purposes:

(a) To provide compensation to city or parishschool board professional instructional employees.

(b) To insure an adequate supply of superiortextbooks, library books, equipment, and otherinstructional materials.

(c) To fund exemplary programs in elementaryand secondary schools designed to improveelementary or secondary student academicachievement or vocational-technical skill.

(d) To fund carefully defined research efforts,including pilot programs, designed to improveelementary and secondary student academicachievement.

(e) To fund school remediation programs andpreschool programs.

(f) To fund the teaching of foreign languages inelementary and secondary schools.

(g) To fund an adequate supply of teachers byproviding scholarships or stipends to prospectiveteachers in academic or vocational-technical areaswhere there is a critical teacher shortage.

Added by Acts 1985, No. 1020, §1, approvedSept. 27, 1986, eff. Oct. 30, 1986; Amended by Acts1989, No. 846, §1, approved Oct. 6, 1990, eff. Nov. 8,1990; Acts 1994, 3rd Ex. Sess., No. 151, §1,approved Oct. 1, 1994, eff. Nov. 3, 1994; Acts 1998,1st Ex. Sess., No. 170, §1, approved Oct. 3, 1998, eff.Nov. 5, 1998.

§10.2. Coastal Protection and Restoration FundSection 10.2(A) There shall be established in the

state treasury the Coastal Protection and RestorationFund to provide a dedicated, recurring source ofrevenues for the development and implementation ofa program to protect and restore Louisiana’s coastalarea.

Of revenues received in each fiscal year by thestate as a result of the production of or exploration forminerals, hereinafter referred to as mineral revenuesfrom severance taxes, royalty payments, bonus



payments, or rentals, and excluding such revenuesreceived by the state as a result of grants or donationswhen the terms or conditions thereof requireotherwise, the treasurer shall make the followingallocations:

(1) To the Bond Security and Redemption Fundas provided in Article VII, Section 9(B) of thisconstitution.

(2) To the political subdivisions of the state asprovided in Article VII, Sections 4(D) and (E) of thisconstitution.

(3) As provided by the requirements of ArticleVII, Sections 10-A and 10.1 of this constitution.

(B)(1) After making the allocations provided forin Paragraph (A), the treasurer shall then deposit inand credit to the Coastal Protection and RestorationFund any amount of mineral revenues that may benecessary to insure that a total of five million dollarsis deposited into such fund for the fiscal year fromthis source; provided that the balance of the fundwhich consists of mineral revenues from severancetaxes, royalty payments, bonus payments, or rentalsshall not exceed an amount provided by law, but in noevent shall the amount provided by law be less thanfive hundred million dollars.

(2) After making the allocations and depositsprovided for in Paragraphs (A) and (B)(1) of thisSection, the treasurer shall deposit in and credit to theCoastal Protection and Restoration Fund as follows:

(a) Ten million dollars of the mineral revenues inexcess of six hundred million dollars which remainafter the allocations provided for in Paragraph (A) aremade by the treasurer.

(b) Ten million dollars of the mineral revenues inexcess of six hundred fifty million dollars whichremain after the allocations provided in Paragraph(A) are made by the treasurer.

However, the balance of the fund which consistsof mineral revenues from severance taxes, royaltypayments, bonus payments, or rentals shall notexceed an amount provided by law, but in no eventshall the amount provided by law be less than fivehundred million dollars.

(C) The money in the fund shall be invested asprovided by law and any earnings realized oninvestment of money in the fund shall be deposited inand credited to the fund. Money from other sources,such as donations, appropriations, or dedications,may be deposited in and credited to the fund;however, the balance of the fund which consists ofmineral revenues from severance taxes, royaltypayments, bonus payments, or rentals shall notexceed an amount provided by law, but in no eventshall the amount provided by law be less than five

hundred million dollars. Any unexpended moneyremaining in the fund at the end of the fiscal yearshall be retained in the fund.

(D) The money in the fund may be appropriatedfor purposes consistent with the Coastal ProtectionPlan developed by the Coastal Protection andRestoration Authority, or its successor.

No appropriation shall be made from the fundinconsistent with the purposes of the plan.

(E)(1) Subject to Article VII, Sections 9(B) and10.1 of this constitution, in each fiscal year, thefederal revenues that are received by the stategenerated from Outer Continental Shelf oil and gasactivity and eligible, as provided by federal law, to beused for the purposes of this Paragraph shall bedeposited and credited by the treasurer to the CoastalProtection and Restoration Fund.

(2) Federal revenues credited to the CoastalProtection and Restoration Fund pursuant to thisParagraph shall be used only for the purposes ofcoastal protection, including conservation, coastalrestoration, hurricane protection, and infrastructuredirectly impacted by coastal wetland losses.

(3) The fund balance limitations provided for inParagraph (B) of this Section relative to the mineralrevenues deposited to this fund shall not apply torevenues deposited pursuant to the provisions of thisParagraph.

(F)(1) Notwithstanding the provisions of ArticleVII, Section 10, Article VII, Section 10.3, ArticleVII, Section 10.8, or any other provision of thisconstitution to the contrary, if, after July 1, 2006, thestate securitizes any portion of the revenues receivedfrom the Master Settlement Agreement executedNovember 23, 1998, and approved by ConsentDecree and Final Judgment entered in the case"Richard P. Ieyoub, Attorney General, ex rel. State ofLouisiana v. Philip Morris, Incorporated, et al.,"bearing Number 98-6473 on the docket of theFourteenth Judicial District for the parish ofCalcasieu, state of Louisiana, the treasurer shalltransfer to the fund established in Paragraph A of thisSection twenty percent in the aggregate of therevenues received as a result of the securitizationoccurring after July 1, 2006.

(2) The legislature may appropriate up to twentypercent of the funds deposited into the fund pursuantto Subparagraph (1) of this Paragraph to the BarrierIsland Stabilization and Preservation Fund to be usedfor purposes of the Louisiana Coastal WetlandsConservation and Restoration Program.

(3) The fund balance limitations provided for inParagraph (B) of this Section relative to the mineralrevenues deposited to this fund shall not apply to



revenues deposited pursuant to the provisions of thisParagraph.

Added by Acts 1989, 2nd Ex. Sess., No. 24, §1,approved Oct. 7, 1989, eff. Nov. 7, 1989; Acts 2003,No. 1302, §2, approved Oct. 4, 2003, eff. Nov. 6,2003; Acts 2005, 1st Ex. Sess., No. 69, §1, approvedSept. 30, 2006, eff. Oct. 31, 2006; Acts 2006, No.854, §1, approved Sept. 30, 2006, eff. Oct. 31, 2006.

§10.3. Budget Stabilization FundSection 10.3.(A) There is hereby established in

the state treasury a Budget Stabilization Fundhereinafter referred to as the fund. Money shall bedeposited in the fund as follows:

(1) All money available for appropriation fromthe state general fund and dedicated funds in excessof the expenditure limit, except funds allocated byArticle VII, Section 4, Paragraphs (D) and (E), shallbe deposited in the fund.

(2)(a) All revenues received in each fiscal yearby the state in excess of seven hundred fifty milliondollars, hereinafter referred to as the base, as a resultof the production of or exploration for minerals,hereinafter referred to as mineral revenues, includingseverance taxes, royalty payments, bonus payments,or rentals, and excluding such revenues designated asnonrecurring pursuant to Article VII, Section 10(B)of the constitution, any such revenues received by thestate as a result of grants or donations when the termsor conditions thereof require otherwise, and revenuesderived from any tax on the transportation ofminerals, shall be deposited in the fund after thefollowing allocations of said mineral revenues havebeen made:

(i) To the Bond Security and Redemption Fundas provided by Article VII, Section 9 (B) of thisconstitution.

(ii) To the political subdivisions of the state asprovided in Article VII, Sections 4 (D) and (E) of thisconstitution.

(iii) As provided by the requirements of ArticleVII, Section 10-A and 10.1 of this constitution.

(b) The base may be increased every ten yearsbeginning in the year 2000 by a law enacted bytwo-thirds of the elected members of each house ofthe legislature. Any such increase shall not exceedfifty percent in the aggregate of the increase in theconsumer price index for the immediately precedingten years.

(3) Twenty-five percent of any money designatedin the official forecast as nonrecurring as provided inArticle VII, Section 10(D)(2) of this constitution shallbe deposited in and credited to the fund.

(4) Any money appropriated to the fund by the

legislature including any appropriation to the fundfrom money designated in the official forecast asprovided in Article VII, Section 10(D)(2) of thisconstitution shall be deposited in the fund.

(5) An amount equivalent to the money receivedby the state from the federal government for thereimbursement of costs associated with a federallydeclared disaster, not to exceed the amount of costsappropriated out of the fund for the same disasterpursuant to Subparagraph (C)(3) of this Section.

(B) Money in the fund shall be invested asprovided by law. Earnings realized in each fiscal yearon the investment of monies in the fund shall bedeposited to the credit of the fund. All unexpendedand unencumbered monies in the fund at the end ofthe fiscal year shall remain in the fund.

(C) The money in the fund shall not be availablefor appropriation or use except under the followingconditions:

(1) If the official forecast of recurring money forthe next fiscal year is less than the official forecast ofrecurring money for the current fiscal year, thedifference, not to exceed one-third of the fund shallbe incorporated into the next year's official forecastonly after the consent of two-thirds of the electedmembers of each house of the legislature. If thelegislature is not in session, the two-thirdsrequirement may be satisfied upon obtaining thewritten consent of two-thirds of the elected membersof each house of the legislature in a manner providedby law.

(2) If a deficit for the current fiscal year isprojected due to a decrease in the official forecast, anamount equal to one-third of the fund not to exceedthe projected deficit may be appropriated after theconsent of two-thirds of the elected members of eachhouse of the legislature. Between sessions of thelegislature the appropriation may be made only afterthe written consent of two-thirds of the electedmembers of each house of the legislature.

(3) If there is a federally declared disaster in thestate, up to one-third of the fund, not to exceed thestate costs associated with the disaster, may beappropriated after the consent of two-thirds of theelected members of each house of the legislature.Between sessions of the legislature, the appropriationmay be made only with written consent of two-thirdsof the elected members of each house of thelegislature.

(4) In no event shall the amount included in theofficial forecast for the next fiscal year pursuant toSubparagraph (1) of this Paragraph, plus the amountappropriated in the current fiscal year pursuant toSubparagraph (2) of this Paragraph, plus the amount



appropriated pursuant to Subparagraph (3) of thisParagraph exceed one-third of the fund balance at thebeginning of the current fiscal year.

(5) No appropriation or deposit to the fund shallbe made if such appropriation or deposit would causethe balance in the fund to exceed four percent of totalstate revenue receipts for the previous fiscal year.

Added by Acts 1990, No. 1096, §1, approvedOct. 6, 1990, eff. Nov. 8, 1990; Acts 1997, No. 1501,§1, approved Oct. 3, 1998, eff. Nov. 5, 1998; Acts2003, No. 1307, §1, approved Oct. 4, 2003, eff. Nov.6, 2003; Acts 2020, No. 367, §1, approved by voterson November 3, 2020, effective December 10, 2020.

§10.4. Higher Education Louisiana PartnershipFund; Program

Section 10.4.(A) Higher Education LouisianaPartnership Fund. (1) There is hereby established aspecial fund in the state treasury to be known as theHigher Education Louisiana Partnership Fund,hereinafter referred to as the "fund", consisting ofmonies appropriated annually by the legislature,grants, gifts, and donations received by the state forthe purposes of this Section, and other revenues asmay be provided by law; provided that no suchmonies shall come from the allocations provided inArticle VII, Section 4, Paragraphs (D) and (E) of thisconstitution.

(2) All unexpended and unencumbered monies inthe Higher Education Louisiana Partnership Fund atthe end of a fiscal year shall remain in such fund andbe available for appropriation in the next fiscal year.The monies in the fund shall be invested by the statetreasurer in accordance with state law, and interestearned on the investment of these monies shall becredited to the fund, after compliance with therequirements of Article VII, Section 9(B) of theConstitution of Louisiana, relative to the BondSecurity and Redemption Fund.

(B) Higher Education Louisiana PartnershipProgram. (1) Upon appropriation by the legislature,the monies in the fund shall be divided into matchinggrants for the Higher Education Louisiana PartnershipProgram which shall be administered by the Board ofRegents. The Board of Regents may allocate programfunds to each public or independent institution ofhigher education on a one to one and one-halfmatching basis or one twenty thousand dollar statematching grant for each thirty thousand dollars raisedspecifically for the purposes of participation in theHigher Education Louisiana Partnership Program bythe institutions of higher education from privatesources. The state matching portion shall be allocatedby the Board of Regents only after it determines that

an eligible institution has accumulated not less thanthe minimum required amount from private sourcesfor the purposes of the Higher Education LouisianaPartnership Program.

(2)(a) No public institution of higher educationshall be eligible in any given fiscal year to receive ashare of program funds which is greater than thatinstitution's proportion of the full-time equivalentnumber of students enrolled in public highereducation in the state.

(b) No independent institution of highereducation shall be eligible in any given fiscal year toreceive a share of program funds which is greaterthan that institution's proportion of the full-timeequivalent number of students enrolled inindependent institutions of higher education in thestate.

(c) However, if there are monies which havebeen appropriated to the fund but remain on Marchfirst of any fiscal year unallocated to any matchinggrant, then any participating institution of highereducation which has raised the required funds fromprivate sources may apply for and be awarded thenumber of additional matching grants for whichunallocated funding is available and which theinstitution is able to match. Provided however, that noparticipating institution shall receive more than fiftypercent of available funds in any fiscal year.

(d) However, the share of the program fundsreceived annually by independent institutions ofhigher education shall not exceed fifteen percent inthe aggregate of the total amount of program fundsavailable for matching grants under this program.

(3) State matching funds shall be applied only toprivate source funds contributed after July 1, 1991,and pledged for the purposes of this Section ascertified by the Board of Regents. Pledgedcontributions shall not be eligible for state matchingfunds prior to their actual collection.

(4) Each institution of higher education mayestablish its own Higher Education LouisianaPartnership Program fund as a depository for privatecontributions and state matching funds as providedherein. The state matching funds allocated by theBoard of Regents shall be transferred to an institutionupon notification that the institution has received anddeposited the necessary private contributions in itsown Higher Education Louisiana PartnershipProgram fund.

(5) Each institution of higher education, underthe supervision and management of its board, shallhave the responsibility for the administration of theHigher Education Louisiana Partnership Program atthat institution and for maintenance and investment of



its fund. The institution shall be responsible forsoliciting and receiving gifts from private sources tobe used for the purposes of this Section.

(6) State matching grants from funds allocatedfor the Higher Education Louisiana PartnershipProgram may be made for the purposes of endowedprofessorships totaling one hundred thousand dollarsor more; endowed undergraduate scholarshipstotaling fifty thousand dollars or more; libraryacquisitions, laboratory enhancement, or research andinstructional equipment acquisitions totaling fiftythousand dollars or more; or facilities construction orrenovations totaling one hundred thousand dollars ormore.

(7) The monies appropriated by the legislatureand disbursed from the Higher Education LouisianaPartnership Fund shall not displace, replace, orsupplant appropriations for higher education from thegeneral fund or from bond proceeds. This shall meanthat no disbursement from the fund for a current fiscalyear shall be made for any higher education purposefor which an appropriation was made the previousyear from the general fund or from bond proceedsunless the total appropriations for the current fiscalyear for higher education from the state general fundor from bond proceeds exceed general fundappropriations or bond proceeds appropriations forhigher education for the previous year. Thisrequirement shall in no way limit appropriations fromthe general fund or from bond proceeds in excess ofthe minimum amounts herein established.

(C) Implementation. The legislature shall providefor the implementation of this Section.

Added by Acts 1991, No. 1069, §1, approvedOct. 19, 1991, ff. Nov. 21, 1991.

§10.5. Mineral Revenue Audit and SettlementFund

Section 10.5.(A) There shall be established in thestate treasury the Mineral Revenue Audit andSettlement Fund, hereinafter referred to as the "fund".Of revenues received in each fiscal year by the statethrough settlements or judgments which equal, inboth principal and interest, five million dollars ormore for each such settlement or judgment, resultingfrom underpayment to the state of severance taxes,royalty payments, bonus payments, or rentals, thetreasurer shall make the following allocations asrequired:

(1) To the Bond Security and Redemption Fundas provided in Article VII, Section 9(B) of thisconstitution.

(2) To the political subdivisions of the state asprovided in Article VII, Section 4(D) and (E) of this

constitution.(3) As provided by the requirements of Article

VII, Sections 10-A, 10.1, 10.2, and 10.3 of thisconstitution.

(B) After making the allocations provided for inParagraph (A), the treasurer shall then deposit in andcredit to the Mineral Revenue Audit and SettlementFund any such remaining revenues. Any revenuesdeposited in and credited to the fund shall beconsidered mineral revenues from severance taxes,royalty payments, bonus payments, or rentals forpurposes of determining deposits and credits to bemade in and to the Coastal Protection and RestorationFund as provided in Article VII, Section 10.2 of thisconstitution. Any revenues deposited in and creditedto the fund shall not be considered mineral revenuesfor purposes of the Budget Stabilization Fund asprovided in Article VII, Section 10.3 of thisconstitution. Money in the fund shall be invested asprovided by law. The earnings realized in each fiscalyear on the investment of monies in the MineralRevenue Audit and Settlement Fund shall bedeposited in and credited to the Mineral RevenueAudit and Settlement Fund.

(C) After making the allocations provided for inParagraph (A), the treasurer shall credit thirty-fivemillion dollars to the Coastal Protection andRestoration Fund, and thereafter any monies creditedto the fund in any fiscal year may be annuallyappropriated by the legislature only for the purposesof retirement in advance of maturity throughredemption, purchase, or repayment of debt of thestate, pursuant to a plan proposed by the State BondCommission to maximize the savings to the state; forpayments against the unfunded accrued liability of thepublic retirement systems which are in addition to anypayments required for the annual amortization of theunfunded accrued liability of the public retirementsystems, required by Article X, Section 29 of thisconstitution; however, any such payment to the publicretirement systems shall not be used, directly orindirectly, to fund cost-of-living increases for suchsystems; and for deposit in the Coastal Protection andRestoration Fund.

Added by Acts 1991, No. 1070, §1, approvedOct. 19, 1991, eff. Jan. 1, 1992; Amended by Acts1995, No. 1325, §1, approved Oct. 21, 1995, eff. Nov.23, 1995; Acts 2003, No. 1302, §2, approved Oct. 4,2003, eff. Nov. 6, 2003; Acts 2003, No. 1307, §1,approved Oct. 4, 2003, eff. Nov. 6, 2003; Acts 2005,1st Ex. Sess., No. 69, §1, approved Sept. 30, 2006, eff.Nov. 31, 2006.



§10.6. Oilfield Site Restoration FundSection 10.6.(A) Oilfield Site Restoration Fund.

Effective January 4, 1996, there shall be establishedin the state treasury, as a special fund, the OilfieldSite Restoration Fund, hereinafter referred to as therestoration fund. Out of the funds remaining in theBond Security and Redemption Fund after a sufficientamount is allocated from that fund to pay allobligations secured by the full faith and credit of thestate which become due and payable within any fiscalyear as required by Article VII, Section 9(B) of thisconstitution, the treasurer shall pay into therestoration fund all of the following:

(1) All revenue from the types and classes offees, penalties, other revenues, or judgmentsassociated with site cleanup activities paid into therestoration fund as provided by law on the effectivedate of this Section. Such revenue shall be depositedin the restoration fund even if the names of such fees,other revenues, or penalties are changed.

Any increase in the amount charged for suchfees, penalties, other revenues, or judgmentsassociated with site cleanup activities enacted by thelegislature after the effective date of this Section, forthe purpose of orphaned oilfield site restoration shallbe irrevocably dedicated and deposited in therestoration fund.

(2) The balance remaining on January 4, 1996 inthe Oilfield Site Restoration Fund established by law.

(3) All funds or revenues which may be donatedexpressly to the restoration fund.

(4) All site-specific trust account fundsestablished by law.

(B) The monies in the restoration fund shall beappropriated by the legislature to the Department ofNatural Resources, or its successor, and shall be usedsolely for the programs and purposes of oilfield siterestoration as required by law.

(C) All unexpended and unencumbered moniesin the restoration fund at the end of the fiscal yearshall remain in the fund. The monies in the fund shallbe invested by the treasurer in the manner providedby law. All interest earned on monies invested by thetreasurer shall be deposited in the fund. The treasurershall prepare and submit to the department on aquarterly basis a printed report showing the amountof money contained in the fund from all sources.

(D) The provisions of this Section shall not applyto or affect funds allocated by Article VII, Section 4,Paragraphs (D) and (E).

Added by Acts 1995, No. 1330, §1, approvedOct. 21, 1995, eff. Nov. 23, 1995.

§10.7. Oil Spill Contingency FundSection 10.7.(A) Oil Spill Contingency Fund.

Effective January 4, 1996, there shall be establishedin the state treasury, as a special fund, the Oil SpillContingency Fund, hereinafter referred to as thecontingency fund. Out of the funds remaining in theBond Security and Redemption Fund after a sufficientamount is allocated from that fund to pay allobligations secured by the full faith and credit of thestate which become due and payable within any fiscalyear as required by Article VII, Section 9(B) of thisconstitution, the treasurer shall pay into thecontingency fund all of the following, on the effectivedate of this Section:

(1) All revenue from the types and classes offees, taxes, penalties, judgments, reimbursements,charges, and federal funds collected or other revenuepaid into the contingency fund as provided by law onthe effective date of this Section. Such revenue shallbe deposited in the contingency fund even if thenames of such fees, taxes, penalties, judgments,reimbursements, charges, and federal funds collectedor other revenues are changed.

Any increase in the amount charged for suchfees, taxes, penalties, judgments, reimbursements,charges, and federal funds collected or other revenue,or any new fees, taxes, penalties, judgments,reimbursements, charges, and federal funds collectedor other revenue enacted by the legislature for thepurposes of abatement and containment of actual orthreatened unauthorized discharges of oil after theeffective date of this Section, shall be irrevocablydedicated and deposited in the contingency fund.

(2) The balance remaining on January 4, 1996 inthe Oil Spill Contingency Fund established by law.

(3) All funds or revenues which may be donatedexpressly to the contingency fund.

(B) The monies in the contingency fund shall beappropriated by the legislature to be used solely forthe programs and purposes of abatement andcontainment of actual or threatened unauthorizeddischarges of oil as provided by law; and foradministrative expenses associated with suchprograms and purposes as provided by law.

(C) All unexpended and unencumbered moniesin the contingency fund at the end of the fiscal yearshall remain in the fund. The monies in the fund shallbe invested by the treasurer in the manner providedby law. All interest earned on monies invested by thetreasurer shall be deposited in the fund. The balanceof the fund shall not exceed thirty million dollars orotherwise as provided by law.

(D) The provisions of this Section shall not applyto or affect funds allocated by Article VII, Section 4,



Paragraphs (D) and (E).Added by Acts 1995, No. 1331, §1, approved

Oct. 21, 1995, eff. Nov. 23, 1995.

§10.8. Millennium TrustSection 10.8. Millennium Trust.(A) Creation.(1) There shall be established in the state treasury

as a special permanent trust the "Millennium Trust".After allocation of money to the Bond Security andRedemption Fund as provided in Article VII, Section9(B) of this constitution, the treasurer shall deposit inand credit to the Millennium Trust certain moniesreceived as a result of the Master SettlementAgreement, hereinafter the "Settlement Agreement",executed November 23, 1998, and approved byConsent Decree and Final Judgment entered in thecase "Richard P. Ieyoub, Attorney General, ex rel.State of Louisiana v. Philip Morris, Incorporated, etal.", bearing Number 98-6473 on the docket of theFourteenth Judicial District for the parish ofCalcasieu, state of Louisiana; and all dividend andinterest income and all realized capital gains oninvestment of the monies in the Millennium Trust.The treasurer shall deposit in and credit to theMillennium Trust the following amounts of moniesreceived as a result of the Settlement Agreement:

(a) Fiscal Year 2000-2001, forty-five percent ofthe total monies received that year.

(b) Fiscal Year 2001-2002, sixty percent of thetotal monies received that year.

(c) Fiscal Year 2002-2003 and each fiscal yearthereafter, seventy-five percent of the total moniesreceived that year. However, beginning in Fiscal Year2011-2012 after the balance in the Millennium Trustreaches a total of one billion three hundred eightymillion dollars, the monies deposited in and creditedto the Millennium Trust, received as a result of theSettlement Agreement, shall be allocated to thevarious funds within the Millennium Trust asprovided in Subsubparagraphs (2)(b), (3)(b), and(4)(b) and (c) of this Paragraph.

(d) For Fiscal Year 2000-2001, Fiscal Year2001-2002, and Fiscal Year 2002-2003, ten percentof the total monies received in each of those years forcredit to the Education Excellence Fund which,notwithstanding the provisions of Subparagraph(C)(1) of this Section, shall be appropriated for thepurposes provided in Subsubparagraph (d) ofSubparagraph (3) of Paragraph (C) of this Section.

(2)(a) The Health Excellence Fund shall beestablished as a special fund within the MillenniumTrust. The treasurer shall credit to the HealthExcellence Fund one-third of the Settlement

Agreement proceeds deposited each year into theMillennium Trust, and one-third of all investmentearnings on the investment of the Millennium Trust.The treasurer shall report annually to the legislatureas to the amount of Millennium Trust investmentearnings credited to the Health Excellence Fund.

(b) Beginning Fiscal Year 2011-2012, and eachfiscal year thereafter, the treasurer shall credit to theHealth Excellence Fund one-third of all investmentearnings on the investment of the Millennium Trust.The treasurer shall report annually to the legislatureas to the amount of Millennium Trust investmentearnings credited to the Health Excellence Fund.

(c) Beginning on July 1, 2012, after allocation ofmoney to the Bond Security and Redemption Fund asprovided in Article VII, Section 9(B) of thisconstitution, the state treasurer shall deposit in andcredit to the Health Excellence Fund an amount equalto the revenues derived from the tax levied pursuantto R.S. 47:841(B)(3).

(3)(a) The Education Excellence Fund shall beestablished as a special fund within the MillenniumTrust. The treasurer shall credit to the EducationExcellence Fund one-third of the SettlementAgreement proceeds deposited each year into theMillennium Trust, and one-third of all investmentearnings on the investment of the Millennium Trust.The treasurer shall report annually to the legislatureand the state superintendent of education as to theamount of Millennium Trust investment earningscredited to the Education Excellence Fund.

(b) Beginning Fiscal Year 2011-2012, and eachfiscal year thereafter, the treasurer shall credit to theEducation Excellence Fund one-third of allinvestment earnings on the investment of theMillennium Trust. The treasurer shall report annuallyto the legislature and the state superintendent ofeducation as to the amount of Millennium Trustinvestment earnings credited to the EducationExcellence Fund.

(4)(a) The TOPS Fund shall be established as aspecial fund within the Millennium Trust. Thetreasurer shall deposit in and credit to the TOPS Fundone-third of the Settlement Agreement proceedsdeposited into the Millennium Trust, and one-third ofall investment earnings on the investment of theMillennium Trust. The treasurer shall report annuallyto the legislature as to the amount of MillenniumTrust investment earnings credited to the TOPS Fund.

(b) Beginning Fiscal Year 2011-2012, and eachfiscal year thereafter, the treasurer shall credit to theTOPS Fund one hundred percent of the SettlementAgreement proceeds deposited into the MillenniumTrust, and one-third of all investment earnings on the



investment of the Millennium Trust. The treasurershall report annually to the legislature as to theamount of Millennium Trust Settlement Agreementproceeds and investment earnings credited to theTOPS Fund.

(c) Upon the effective date of thisSubsubparagraph, the state treasurer shall deposit,transfer, or otherwise credit funds in an amount equalto such Settlement Agreement proceeds deposited inand credited to the Millennium Trust received by thestate between April 1, 2011 and the effective date ofthis Subsubparagraph to the TOPS Fund.

(5) The amount of Settlement Agreementrevenues deposited in the Millennium Trust andcredited to the respective funds may be increased andthe amount of such revenues deposited into theLouisiana Fund may be decreased by a specificlegislative instrument which receives a favorable voteof two-thirds of the elected members of each house ofthe legislature.

(B) Investment. Monies credited to theMillennium Trust pursuant to Paragraph (A) of thisSection shall be invested by the treasurer with thesame authority and subject to the same restrictions asthe Louisiana Education Quality Trust Fund.However, the portion of monies in the MillenniumTrust which may be invested in stock may beincreased to no more than fifty percent by a specificlegislative instrument which receives a favorable voteof two-thirds of the elected members of each house ofthe legislature. The legislature shall provide forprocedures for the investment of such monies by law.The treasurer may contract, subject to the approval ofthe State Bond Commission, for the management ofsuch investments and, if a contract is entered into,amounts necessary to pay the costs of the contractshall be appropriated from the Millennium Trust.

(C) Appropriations. (1)(a) Appropriations fromthe Education Excellence Fund shall be limited to anannual amount not to exceed the estimated aggregateannual earnings from interest, dividends, and realizedcapital gains on investment of the trust allocated asprovided by Paragraph (A) of this Section and asrecognized by the Revenue Estimating Conference.Amounts determined to be available for appropriationshall be those aggregate investment earnings whichare in excess of an inflation factor as determined bythe Revenue Estimating Conference. The amount ofrealized capital gains on investment which may beincluded in the aggregate earnings available forappropriation in any year shall not exceed theaggregate of earnings from interest and dividends forthat year.

(b)(i) For Fiscal Year 2011-2012, appropriations

from the Health Excellence Fund shall be limited toan annual amount not to exceed the estimatedaggregate annual earnings from interest, dividends,and realized capital gains on investment of the trustand credited to the Health Excellence Fund asprovided by Subsubparagraph (A)(2)(b) of thisSection and as recognized by the Revenue EstimatingConference.

(ii) For Fiscal Year 2012-2013, and each fiscalyear thereafter, appropriations from the HealthExcellence Fund shall be limited to an annual amountnot to exceed the estimated aggregate annual earningsfrom interest, dividends, and realized capital gains oninvestment of the trust and credited to the HealthExcellence Fund as provided by Subsubparagraph(A)(2)(b) of this Section and as recognized by theRevenue Estimating Conference and the amount ofproceeds credited to and deposited into the HealthExcellence Fund as provided by Subsubparagraph(A)(2)(c) of this Section.

(c)(i) For Fiscal Year 2011-2012, appropriationsfrom the TOPS Fund shall be limited to the amount ofSettlement Agreement proceeds credited to anddeposited into the TOPS Fund as provided bySubsubparagraphs (A)(4)(b) and (c) of this Section,and an annual amount not to exceed the estimatedaggregate annual earnings from interest, dividends,and realized capital gains on investment of the trustand credited to the TOPS Fund as provided bySubsubparagraph (A)(4)(b) of this Section and asrecognized by the Revenue Estimating Conference.

(ii) For Fiscal Year 2012-2013, and each fiscalyear thereafter, appropriations from the TOPS Fundshall be limited to the amount of annual SettlementAgreement proceeds credited to and deposited intothe TOPS Fund as provided in Subsubparagraph(A)(4)(b) of this Section, and an annual amount not toexceed the estimated aggregate annual earnings frominterest, dividends, and realized capital gains oninvestment of the trust and credited to the TOPS Fundas provided in Subsubparagraph (A)(4)(b) of thisSection and as recognized by the Revenue EstimatingConference.

(iii) Further, for Fiscal Year 2011-2012, and eachfiscal year thereafter, amounts determined to beavailable for appropriation from the TOPS Fund frominterest earnings shall be those aggregate investmentearnings which are in excess of an inflation factor asdetermined by the Revenue Estimating Conference.The amount of realized capital gains on investmentwhich may be included in the aggregate earningsavailable for appropriation in any year shall notexceed the aggregate of earnings from interest anddividends for that year.



(2) Appropriations from the Health ExcellenceFund shall be restricted to the following purposes:

(a) Initiatives to ensure the optimal developmentof Louisiana's children through the provision ofappropriate health care, including children's healthinsurance, services provided by school-based healthclinics, rural health clinics, and primary care clinics,and early childhood intervention programs targetingchildren from birth through age four includingprograms to reduce infant mortality.

(b) Initiatives to benefit the citizens of Louisianawith respect to health care through pursuit ofinnovation in advanced health care sciences, and theprovision of comprehensive chronic diseasemanagement services.

(c) Each appropriation from the HealthExcellence Fund shall include performanceexpectations to ensure accountability in theexpenditure of such monies.

(3) Appropriations from the EducationExcellence Fund shall be limited as follows:

(a) Fifteen percent of monies available forappropriation in any fiscal year from the EducationExcellence Fund shall be appropriated to the statesuperintendent of education for distribution on behalfof all children attending private elementary andsecondary schools that have been approved by theState Board of Elementary and Secondary Education,both academically and as required for such school toreceive money from the state.

(b) Appropriations shall be made each year to theLouisiana Educational Television Authority in theamount of seventy-five thousand dollars and to theLouisiana School for the Deaf, the Louisiana Schoolfor the Visually Impaired, the Louisiana SpecialEducation Center in Alexandria, the Jimmy D. Long,Sr. Louisiana School for Math, Science and the Arts,the New Orleans Center for Creative Arts the LouisArmstrong High School for the Arts, and ThriveAcademy, after such schools are operational, toprovide for a payment to each school of seventy-fivethousand dollars plus an allocation for each pupilequal to the average statewide per pupil amountprovided each city, parish, and local school systempursuant to Subsubparagraph (e) of thisSubparagraph.

(c) Appropriations may be made for independentpublic schools which have been approved by the StateBoard of Elementary and Secondary Education or anycity, parish, or other local school system, laboratoryschools approved by the State Board of Elementaryand Secondary Education and operated by a publicpostsecondary education institution, and foralternative schools and programs which are

authorized and approved by the State Board ofElementary and Secondary Education but are notsubject to the jurisdiction and management of anycity, parish, or local school system, to provide for anallocation for each pupil, which shall be the averagestatewide per pupil amount provided in each city,parish, or local school system pursuant toSubsubparagraph (e) of this Subparagraph.

(d) Repealed by Acts 2019, No. 445, §2, eff.November X, 2019.

(e) Beginning Fiscal Year 2007-2008 and foreach fiscal year thereafter, of the monies available forappropriation after providing for the purposesenumerated in Subsubparagraphs (a), (b), and (c) ofthis Subparagraph, one hundred percent of the moniesavailable for appropriation in any fiscal year shall beappropriated for each city, parish, and other localschool system on a pro rata basis which is based onthe ratio of the student population of that school orschool system to that of the total state studentpopulation as contained in the most recent MinimumFoundation Program.

(f) Monies appropriated pursuant to thisSubparagraph shall be restricted to expenditure forpre-kindergarten through twelfth grade instructionalenhancement for students, including early childhoodeducation programs focused on enhancing thepreparation of at-risk children for school, remedialinstruction, and assistance to children who fail toachieve the required scores on any tests passage ofwhich are required pursuant to state law or rule foradvancement to a succeeding grade or othereducational programs approved by the legislature.Expenditures for maintenance or renovation ofbuildings, capital improvements, and increases inemployee salaries are prohibited. The statesuperintendent of education shall be responsible forallocating all money due private schools.

(g) Each recipient entity shall annually prepareand submit to the state Department of Education,hereinafter the "department", a prioritized plan forexpenditure of funds it expects to receive in thecoming year from the Education Excellence Fund.The plan shall include performance expectations toensure accountability in the expenditure of suchmonies. The department shall review such plans forcompliance with the requirements of thisSubparagraph and to assure that the expenditure planswill support excellence in educational practice. Nofunds may be distributed to a recipient entity until itsplan has received both legislative and departmentalapproval as provided by law.

(h) No amount appropriated as required in thisParagraph shall displace, replace, or supplant



appropriations from the general fund for elementaryand secondary education, including implementing theMinimum Foundation Program. ThisSubsubparagraph shall mean that no appropriation forany fiscal year from the Education Excellence Fundshall be made for any purpose for which a generalfund appropriation was made in the previous yearunless the total appropriations for the fiscal year fromthe state general fund for such purpose exceedgeneral fund appropriations of the previous year. Norshall any money allocated to a city or parish schoolboard pursuant to this Paragraph displace, replace, orsupplant locally generated revenue, which means thatno allocation to any city or parish school board fromthe investment earnings attributable to the EducationExcellence Fund shall be expended for any purposefor which a local revenue source was expended forthat purpose for the previous year unless the total ofthe local revenue amount expended that fiscal yearexceeds the total of such local revenue amounts forthe previous fiscal year.

(i) The treasurer shall maintain within the statetreasury a record of the amounts appropriated andcredited for each entity through appropriationsauthorized in this Subparagraph and which remain inthe state treasury. Notwithstanding any otherprovisions of this constitution to the contrary, suchamounts, and investment earnings attributable to suchamounts, shall remain to the credit of each recipiententity at the close of each fiscal year.

(4) Appropriations from the TOPS Fund shall berestricted to support of state programs for financialassistance for students attending Louisianainstitutions of postsecondary education.

Added by Acts 1999, No. 1392, §1, approvedOctober 23, 1999, eff. July 1, 2000; Acts 2011, No.423, §1, approved October 22, 2011, eff. November21, 2011; Acts 2019, No. 445, §§1 & 2, approvedOctober 12, 2019, eff. November 18, 2019.

§10.9. Louisiana FundSection 10.9. Louisiana Fund. A. The Louisiana Fund is established in the state

treasury as a special fund. After allocation of moneyto the Bond Security and Redemption Fund asprovided in Article VII, Section 9(B) of thisconstitution, the treasurer shall deposit in and creditto the Louisiana Fund all remaining monies receivedas a result of the Settlement Agreement after depositsinto the Millennium Trust as provided in Section 10.8of this Article, and all interest income on theinvestment of monies in the Louisiana Fund. Moniesin the Louisiana Fund shall be invested by thetreasurer in the same manner as the state general fund.

B. Appropriations from the Louisiana Fund shallbe restricted to the following purposes:

(1) Initiatives to ensure the optimal developmentof Louisiana's children through enhancement ofeducational opportunities and the provision ofappropriate health care, which shall include but notbe limited to:

(a) Early childhood intervention programstargeting children from birth through age four,including programs to reduce infant mortality.

(b) Support of state programs for children'shealth insurance.

(c) School-based health clinics, rural healthclinics, and primary care clinics.

(2) Initiatives to benefit the citizens of Louisianawith respect to health care through pursuit ofinnovation in advanced health care sciences,provision of comprehensive chronic diseasemanagement services, and expenditures for capitalimprovements for state health care facilities.

(3) Provision of direct health care services fortobacco-related illnesses.

(4) Initiatives to diminish tobacco-related injuryand death to Louisiana's citizens through educationalefforts, cessation assistance services, promotion of atobacco-free lifestyle, and enforcement of therequirements of the Settlement Agreement by theattorney general.

C. Each appropriation from the Louisiana Fundshall include performance expectations to ensureaccountability in the expenditure of such monies. Anyunexpended and unencumbered monies in each fundat the end of a fiscal year shall remain in therespective fund.

Added by Acts 1999, No. 1392, §1, approvedOct. 23, 1999, eff. July 1, 2000.

§10.10. Millennium Leverage FundA. Millennium Leverage Fund. Notwithstanding

the provisions of Article VII, Sections 10.8 and 10.9of this constitution, the legislature may provide, bypassage of a specific legislative instrument by afavorable vote of two-thirds of the elected membersof each house of the legislature, for the deposit of allor a portion of monies received by the state as a resultof the Master Settlement Agreement, hereinafter the"Settlement Agreement", executed November 23,1998, and approved by Consent Decree and FinalJudgment entered in the case "Richard P. Ieyoub,Attorney General, ex rel. State of Louisiana v. PhilipMorris, Incorporated, et al.", bearing Number 98-6473 on the docket of the Fourteenth Judicial Districtfor the parish of Calcasieu, state of Louisiana; aftersatisfying the requirements of Article VII, Section



9(B) of this constitution, into the MillenniumLeverage Fund which is hereby established as aspecial permanent trust fund in the state treasury. TheMillennium Leverage Fund shall hereinafter bereferred to as the "Leverage Fund".

B. Investment. Monies deposited in the LeverageFund shall be invested and administered by thetreasurer. Notwithstanding any provision of thisconstitution to the contrary, a portion of the monies inthe Leverage Fund, not to exceed fifty percent, maybe invested in stock. The legislature shall provide forthe procedure for the investment of such monies bylaw. The treasurer shall contract, subject to approvalof the State Bond Commission, for the managementof such investments. The monies in the LeverageFund shall be available for appropriation to payexpenses incurred in the investment and managementof monies in the fund.

C. Revenue Bonds. The State Bond Commission,or its successor, may issue and sell bonds, notes, orother obligations, hereinafter the "bonds" secured bya pledge of a portion of the monies received by thestate as a result of the Settlement Agreement whichare otherwise to be deposited in the Leverage Fund asprovided in this Section. Such bonds may be issuedonly in amounts authorized by the legislature by two-thirds of the elected members of each house of thelegislature. If settlement revenues are pledged tosecure any revenue bonds issued pursuant to thisSection, any portion thereof needed to pay principal,interest, or premium, if any, and other obligationsincident to the issuance, security, prepayment,defeasance, and payment in respect thereof may beexpended by the treasurer without the need for anappropriation, provided that the prepayment ordefeasance has been approved by the legislature.Bonds so issued may also be further secured by acollateralization of all or a portion of monies in theLeverage Fund. If bonds are issued subject to such acollateralization, the treasurer may pay from theLeverage Fund any principal, interest, or premium, ifany, and other obligations incident to the issuance,security, prepayment, defeasance, and payment inrespect thereof without the need for an appropriation,provided that the prepayment or defeasance has beenapproved by the legislature. The net proceeds of anybonds issued pursuant to this Section shall bedeposited in and credited to the Leverage Fund. Anyrevenue bonds issued under authority of this Sectionshall not be general obligation bonds secured by thefull faith and credit of the state.

D. Appropriations. (1) The legislature mayannually appropriate the bond proceeds credited tothe Leverage Fund and all earnings, income, and

realized capital gains on investment of monies in theLeverage Fund as recognized as available forappropriation in the official forecast of the RevenueEstimating Conference. The Revenue EstimatingConference shall include in its forecast of moniesavailable for appropriation only that amount ofearnings, income, and realized capital gains which arein excess of inflation as determined by theconference.

(2) Appropriations may be made only for thefollowing purposes:

(a) Twenty-five percent shall be available forappropriation for the purposes as provided in theTOPS Fund.

(b) Twenty-five percent shall be available forappropriation for the purposes as provided in theHealth Excellence Fund.

(c) Twenty-five percent shall be available forappropriation as provided in the EducationExcellence Fund.

(d) Twenty-five percent shall be available forappropriation as provided in the Louisiana Fund.

(e) The amounts available for appropriation foreach of the purposes contained in Subparagraphs (a)through (c) of this Paragraph may be increased, andthe amount available for appropriation for thepurposes of Subsubparagraph (d) may be decreasedby a specific legislative instrument which receives afavorable vote of two-thirds of the elected membersof each house of the legislature.

E. Termination. The legislature may, by passageof a specific legislative instrument by a favorable voteof two-thirds of the elected members of each house ofthe legislature, provide for the termination of depositsto the Leverage Fund. Any such termination shall bemade in such a manner so as to not impair theobligation, validity, or security of any bonds issuedunder the authority of this Section. Upon termination,the amount of any settlement revenues over andabove the amount pledged for security of any bondsissued pursuant to the authority granted in thisSection, shall be deposited in and credited asprovided in Article VII, Sections 10.8 and 10.9 of thisConstitution.

Added by Acts 1999, No. 1392, §1, approvedOct. 23, 1999, eff. July 1, 2000.

§10.11. Artificial Reef Development Fund(A) Artificial Reef Development Fund. There

shall be established in the state treasury, as a specialfund, the Artificial Reef Development Fund. Out ofthe funds remaining in the Bond Security andRedemption Fund after a sufficient amount isallocated from that fund to pay all obligations secured



by the full faith and credit of the state that becomedue and payable within any fiscal year as required byArticle VII, Section 9(B) of this constitution, thetreasurer shall pay into the Artificial ReefDevelopment Fund the monies received as providedin Paragraph (B) of this Section.

(B) The secretary of the Department of Wildlifeand Fisheries is authorized to accept and receivegrants, donations of monies, and other forms ofassistance from private and public sources that areprovided to the state for the purpose of siting,designing, constructing, permitting, monitoring, andotherwise managing an artificial reef system.

(C) The monies in the Artificial ReefDevelopment Fund shall be appropriated by thelegislature to the Department of Wildlife andFisheries, or its successor, and shall be allocatedsolely for the following:

(1) For the programs and purposes of siting,designing, constructing, permitting, monitoring, andotherwise managing an artificial reef system.

(2) For the salaries of personnel assigned to theArtificial Reef Development Program and for relatedoperating expenses.

(3) An amount not to exceed ten percent of themonies deposited to the fund each year and tenpercent of the interest income credited to the fundeach year may be used by the department to providefunding in association with the wild seafoodcertification program, particularly in support of wild-caught shrimp, established by the department. Suchfunding may be used for a subsidy granted to seafoodharvesters or processors to assist in their efforts tocomply with the certification program requirementsand may be used for administration of the program.

(4) An amount not to exceed ten percent of thefunds deposited to the fund each year and ten percentof the interest income credited to the fund each yearmay be used by the department to provide funding forinshore fisheries habitat enhancement projects,particularly in support of the Artificial ReefDevelopment Program established by the department.Such funding may be used for grants to nonprofitconservation organizations working in cooperationwith the department.

(D) All unexpended and unencumbered moniesin the Artificial Reef Development Fund at the end ofthe fiscal year shall remain in the fund. The monies inthe fund shall be invested by the treasurer in themanner provided by law. All interest earned onmonies invested by the treasurer shall be deposited inthe fund. The treasurer shall prepare and submit to thedepartment on a quarterly basis a written reportshowing the amount of money contained in the fund

from all sources.Added by Acts 2013, No. 434, §1, approved on

Nov. 4, 2014, eff. December 31, 2014.

§10.12. Farmers and fishermen assistanceprograms; Agricultural and SeafoodProducts Support Fund

A. The legislature is authorized to provide by lawfor programs to assist Louisiana farmers andfishermen with support and expansion of theirindustries.

B.(1) The Agricultural and Seafood ProductsSupport Fund is hereby established in the statetreasury as a special fund, hereinafter referred to asthe "fund". The source of monies in this fund shall beany monies received by the state from the licensing oftrademarks or labels for use in promoting Louisianaagricultural and seafood products; grants, gifts, anddonations received by the state for the purposes ofthis Section; any other revenues as may be providedby law; and other monies which may be appropriatedby the legislature to the fund. After compliance withthe requirements of Article VII, Section 9(B) of thisconstitution relative to the Bond Security andRedemption Fund, and prior to monies being placedin the state general fund, an amount equal to thatdeposited into the state treasury from the foregoingsources shall be deposited in and credited to the fund.Monies in the fund shall be subject to appropriationin accordance with Paragraph (2) of this Section. Allunexpended and unencumbered monies remaining inthe fund at the end of the fiscal year shall remain inthe fund. The monies in the fund shall be invested bythe state treasurer in the same manner as monies inthe state general fund.

(2) The monies in the Agricultural and SeafoodProducts Support Fund may be appropriated solelyfor the programs and purposes as required by theDepartment of Economic Development for assistanceto Louisiana farmers and fishermen with support andexpansion of their industries.

C. The provisions of this Section shall not applyto or affect funds allocated by Article VII, Section 4,Paragraphs (D) and (E).


§10.13. Hospital stabilization formula andassessment; Hospital Stabilization Fund

(A) Hospital Stabilization Formula. (1) Thelegislature may annually adopt a HospitalStabilization Formula, hereafter referred to in thisSection as "the formula", by concurrent resolution bya favorable vote of a majority of the elected members



of each house. Such resolution shall be referred to thestanding committees of the legislature that hear thegeneral appropriation bill. The formula shall, to themaximum extent possible, enhance the economicviability of Louisiana hospitals and reduce shiftingthe cost of caring for Louisiana's needy residents tothe state's insured residents.

(2)(a) The first formula established pursuant toSubparagraph (1) of this Paragraph, which shallrequire a favorable vote of two-thirds of the electedmembers of each house for adoption, shall define andestablish as the base reimbursement level under theLouisiana medical assistance program provided for inTitle XIX of the Social Security Act, hereafterreferred to as the "Medicaid Program", to hospitalsfor inpatient and outpatient services in Fiscal Year2012-2013. The formula shall also provide for thepreservation and protection of rural hospitals asprovided for by law. Each formula establishedthereafter may apply a rate of inflation, which shallnot be a negative rate, to the base reimbursementlevel from the previous formula adopted by thelegislature.

(b) Each formula shall also include and establishassessments to be paid by hospitals and the basis onwhich such assessments shall be calculated, providedthe amount of the assessments does not exceed thenonfederal share of the reimbursement enhancements.

(c) Each formula shall also establishreimbursement enhancements under the MedicaidProgram, or its successor, achieving the maximumreimbursement by federal law and resulting indistributing such reimbursement enhancementsexclusively among hospitals for hospital services.Reimbursement enhancements may also bedistributed for uninsured services delivered.

(d) Each formula shall also include anyadditional provisions necessary to the implementationof the formula. Neither the assessments nor thereimbursement enhancements established in theformula adopted by the legislature shall beimplemented until each has been approved by thefederal authority which administers the MedicaidProgram.

(3) The base reimbursement level resulting fromthe formula shall not be paid from the HospitalStabilization Fund.

(4) No additional assessment shall be collectedand any assessment shall be terminated for theremainder of the fiscal year from the date on whichany of the following occur:

(a) The legislature fails to adopt a formula for thesubsequent fiscal year.

(b) The Department of Health and Hospitals, or

its successor or contractors, reduces or does not payreimbursement enhancements established in thecurrent formula as adopted by the legislature.

(c) The appropriations provided for inSubparagraph (B)(2) of this Section are reduced.

(5) The treasurer shall return any moniescollected after the date of termination of anassessment to the hospital from which it wascollected.

(B) Appropriation. (1) The legislature shallannually appropriate an amount necessary to fund thebase reimbursement level for hospitals established inthe most recent formula adopted by the legislature.

(2) The legislature shall annually appropriate thebalance of the Hospital Stabilization Fund solely tofund the reimbursement enhancements as provided inthe most recent formula adopted by the legislature.

(3) Notwithstanding Article VII, Section 10(F) ofthis constitution, neither the governor nor thelegislature may reduce the appropriation funding thebase reimbursement level or the reimbursementenhancements to satisfy a budget deficit, except thegovernor may reduce the appropriation to the basereimbursement level if the following occur:

(a) Such reduction does not exceed the averagereduction of those made to the appropriations andreimbursement for other providers under theMedicaid Program, or its successor; and

(b)(i) If the legislature is in session, the reductionis consented to in writing by two-thirds of the electedmembers of each house in a manner provided by law;or

(ii) If the legislature is not in session, thereduction is approved by two-thirds of the membersof the Joint Legislative Committee on the Budget, orits successor.

(C) Hospital Stabilization Fund. There is herebyestablished as a special fund in the state treasury theHospital Stabilization Fund, hereafter referred to as"the fund". After compliance with the requirements ofArticle VII, Section 9(B) of this constitution relativeto the Bond Security and Redemption Fund, thetreasurer shall deposit all proceeds from theassessment collected pursuant to the HospitalStabilization Formula provided for in this Section.The monies in the fund shall be invested in the samemanner as monies in the state general fund, and allinterest earned on the investment of the fund shall bedeposited in and credited to the fund. Appropriationsfrom the fund shall be restricted to funding thereimbursement enhancements established in theHospital Stabilization Formula adopted by thelegislature for the fiscal year in which the assessmentis collected.



Added by Acts 2013, No. 438, §1, approved onNov. 4, 2014, eff. December 10, 2014.

§10.14. Louisiana Medical Assistance Trust Fund(A) There is hereby established as a special fund

in the state treasury the Louisiana Medical AssistanceTrust Fund, hereinafter referred to as "the fund",which shall consist of monies generated by fees asprovided for in law. Subject to the exceptionscontained in Article VII, Section 9(A) of thisconstitution, and after compliance with therequirements of Article VII, Section 9(B) of thisconstitution relative to the Bond Security andRedemption Fund, the treasurer shall deposit allproceeds from the fees collected as provided for inlaws relative to the Louisiana Medical AssistanceTrust Fund into the fund. The monies in the fund shallbe invested by the state treasurer in the same manneras monies in the state general fund. All interest earnedfrom the investment of monies in the fund shall bedeposited in and remain to the credit of the fund. Allunexpended and unencumbered monies remaining inthe fund at the close of each fiscal year shall remainin the fund.

(B) The treasurer is hereby authorized toestablish a separate account within the fund for eachhealth care provider group in which fees are collectedaccording to law. Monies collected from eachprovider group, and the interest earned on thosemonies, shall be deposited into the account createdfor that provider group. Any monies deposited intothe fund from sources not required by law, and theinterest earned on those monies, shall be depositedinto a separate account within the fund, hereafterreferred to as "the general account".

(C) The legislature is authorized to appropriatemonies from the fund only if the appropriation iseligible for federal financial participation under TitleXIX of the Social Security Act, or its successor. Thebalance of each account shall be appropriated forreimbursement of services to the provider groupwhich paid the fee into the account in any fiscal year,except monies deposited into the general account maybe appropriated for any Medicaid Programexpenditure.

(D) The monies appropriated from the provideraccounts in the fund shall not be used to displace,replace, or supplant appropriations from the stategeneral fund for the Medicaid Program below theamount of state general fund appropriations to theMedicaid Program for Fiscal Year 2013-2014.

(E)(1) The legislature shall annually appropriatethe funds necessary to provide for Medicaid Programrates for each provider group which pays fees into the

fund that is no less than the average MedicaidProgram rates established for Fiscal Year 2013-2014and which may be adjusted annually by establishingthe rates of inflation, or rebasing if applicable, whichrates shall not be negative, to be applied to the baserates to establish the new base rates for the next fiscalyear as authorized by law. For the purpose of thisSection, "Medicaid Program" shall refer to theLouisiana medical assistance program provided for inTitle XIX of the Social Security Act, or its successor.

(2) Notwithstanding Article VII, Section 10(F) ofthis constitution, neither the governor nor thelegislature may reduce the base rate as provided for inthis Paragraph to satisfy a budget deficit, except thegovernor may reduce the appropriation for the baserate if the following occur:

(a) Such reduction does not exceed the averagereduction of those made to the appropriations andreimbursement for other providers under theMedicaid Program, or its successor; and

(b)(i) If the legislature is in session, the reductionis consented to in writing by two-thirds of the electedmembers of each house in a manner provided by law;or

(ii) If the legislature is not in session, thereduction is approved by two-thirds of the membersof the Joint Legislative Committee on the Budget, orits successor.

Added by Acts 2013, No. 439, §1, approved onNovember 4, 2014, eff. December 10, 2014.

§10.15. Revenue Stabilization Trust FundSection 10.15. Revenue Stabilization Trust Fund.

(A) The Revenue Stabilization Trust Fund is herebyestablished in the state treasury as a special trust fund,hereinafter referred to as the "fund".

(B) After allocation of money to the BondRedemption and Security Fund as provided in ArticleVII, Section 9(B) of the Constitution of Louisiana,the treasurer shall deposit in and credit to the fund therevenues as provided for in Paragraphs (C) and (D) ofthis Section.

(C) The treasurer shall deposit into the fund theamount of mineral revenues as provided in Section10.16 of this constitution.

(D) The treasurer shall deposit into the fund theamount of revenues in excess of six hundred milliondollars received each fiscal year from corporatefranchise and income taxes as recognized by theRevenue Estimating Conference.

(E)(1) Except as provided for in Paragraph (F) ofthis Section, monies deposited into the RevenueStabilization Trust Fund shall be permanentlycredited to the trust fund and shall be invested by the



treasurer in a manner provided for by law.(2) The treasurer shall deposit all interest or

other income from investment generated from thefund into the state general fund.

(F)(1) Except as provided in Subparagraphs (2)and (3) of this Paragraph, no appropriations shall bemade from the Revenue Stabilization Trust Fund.

(2)(a) In any fiscal year in which the balance ofthe fund at the beginning of the year is in excess offive billion dollars, hereinafter referred to as theminimum fund balance, the legislature mayappropriate an amount not to exceed ten percent ofthe fund balance, hereinafter referred to as theallowable percentage, for the following:

(i) Capital outlay projects in the comprehensivestate capital budget.

(ii) Transportation infrastructure.(b) The minimum fund balance or the allowable

percentage may be changed by a law enacted by two-thirds of the elected members of each house of thelegislature.

(3) In order to ensure the money in the fund isavailable for appropriation in an emergency, thelegislature may authorize an appropriation from thefund at any time for any purpose only after theconsent of two-thirds of the elected members of eachhouse of the legislature. If the legislature is not insession, the two-thirds requirement may be satisfiedupon obtaining the written consent of two-thirds ofthe elected members of each house of the legislaturein a manner provided by law.

Added by Acts 2016, No. 679, §1, approvedNovember 8, 2016, effective December 13, 2016.

§10.16. Dedications of Mineral RevenuesSection 10.16.(A) All mineral revenues as

defined in Paragraph (D) of this Section received ineach fiscal year by the state as a result of theproduction of or exploration for minerals, hereinafterreferred to as "mineral revenues", shall be allocatedas provided in this Section after the followingallocations and deposits of mineral revenues havebeen made:

(1) To the Bond Security and Redemption Fundas provided in Article VII, Section 9 (B) of thisconstitution.

(2) To the political subdivisions of the state asprovided in Article VII, Sections 4 (D) and (E) of thisconstitution.

(3) To the Louisiana Wildlife and FisheriesConservation Fund as provided by the requirementsof Article VII, Section 10-A of this constitution andas provided by law.

(4) To the Louisiana Wildlife and Fisheries

Conservation Fund and the Oil and Gas RegulatoryFund as provided by law.

(5) To the Rockefeller Wildlife Refuge andGame Preserve Fund as provided by law.

(6) To the Marsh Island Operating Fund and theRussell Sage or Marsh Island Refuge Fund asprovided by law.

(7) To the MC Davis Conservation Fund asprovided by law.

(8) To the White Lake Property Fund asprovided by law.

(9) To the Louisiana Education Quality TrustFund and Louisiana Quality Education Support Fundas provided in Article VII, Section 10.1 of thisconstitution.

(10) To the Coastal Protection and RestorationFund as provided in Article VII, Section 10.2 of thisconstitution and as provided by law.

(11) To the Mineral Revenue and AuditSettlement Fund as provided in Article VII, Section10.5 of this constitution and as provided by law.

(12) To the Budget Stabilization Fund asprovided in Article VII, Section 10.3 of thisconstitution and as provided by law.

(13) An amount equal to the state general funddeposited into the Transportation Trust Fund and theLouisiana State Transportation Infrastructure Fund asprovided by law.

(B) Allocation of Mineral Revenues. After theallocations and deposits provided in Paragraph (A) ofthis Section, the mineral revenues received in eachyear in excess of six hundred sixty million dollars andless than nine hundred fifty million dollars shall beallocated as follows:

(1) Thirty percent shall be appropriated to theLouisiana State Employees' Retirement System andthe Teachers' Retirement System of Louisiana forapplication to the balance of the unfunded accruedliability of such systems existing as of June 30, 1988,in proportion to the balance of such unfunded accruedliability of each such system, until such unfundedaccrued liability has been eliminated. Any suchpayments to the public retirement systems shall not beused, directly or indirectly, to fund cost-of-livingincreases for such systems.

(2) The remainder shall be deposited into theRevenue Stabilization Trust Fund.

(C) Mineral revenues in excess of the base whichwould otherwise be deposited into the BudgetStabilization Fund under Subparagraph (A)(2) ofSection 10.3 of this constitution, but are prohibitedfrom being deposited into the fund underSubparagraph (C)(4) of Section 10.3 of thisconstitution, shall be distributed as follows:



(1) Thirty percent shall be appropriated to theLouisiana State Employees' Retirement System andthe Teachers' Retirement System of Louisiana forapplication to the balance of the unfunded accruedliability of such systems existing as of June 30, 1988,in proportion to the balance of such unfunded accruedliability of each such system, until such unfundedaccrued liability has been eliminated. Any suchpayments to the public retirement systems shall not beused, directly or indirectly, to fund cost-of-livingincreases for such systems.

(2) The remainder shall be deposited into theRevenue Stabilization Trust Fund.

(D) For purposes of this Section, "mineralrevenues" shall include severance taxes, royaltypayments, bonus payments, or rentals, with thefollowing exceptions:

(1) Revenues designated as nonrecurring,pursuant to Article VII, Section 10(B) of thisconstitution.

(2) Revenues received by the state as a result ofgrants or donations when the terms or conditionsthereof require otherwise.

(3) Revenues derived from any tax on thetransportation of minerals.


§11. BudgetsSection 11.(A) Budget Estimate. The governor

shall submit to the legislature, at the time and in theform fixed by law, a budget estimate for the nextfiscal year setting forth all proposed stateexpenditures. This budget shall include arecommendation for appropriations from the stategeneral fund and from dedicated funds, except fundsallocated by Article VII, Section 4, Paragraphs (D)and (E), which shall not exceed the official forecastof the Revenue Estimating Conference and theexpenditure limit for the fiscal year. Therecommendation shall also comply with theprovisions of Article VII, Section 10(D). This budgetshall include a recommendation for funding of statesalary supplements for full-time law enforcement andfire protection officers of the state, as provided inArticle VII, Section 10(D)(3) of this constitution.

(B) Operating Budget. The governor shall causeto be submitted a general appropriation bill forproposed ordinary operating expenditures which shallbe in conformity with the recommendations forappropriations contained in the budget estimate. Thegovernor may cause to be submitted a bill or bills toraise additional revenues with proposals for the use ofthese revenues.

(C) Capital Budget. The governor shall submit tothe legislature, at each regular session, a proposedfive-year capital outlay program and requestimplementation of the first year of the program. Priorto inclusion in the comprehensive capital budgetwhich the legislature adopts, each capitalimprovement project shall be evaluated through afeasibility study, as defined by the legislature, whichshall include an analysis of need and estimates ofconstruction and operating costs. The legislature shallprovide by law for procedures, standards, and criteriafor the evaluation of such feasibility studies and shallset the schedule of submission of such feasibilitystudies which shall take effect not later thanDecember thirty-first following the first regularsession convening after this Paragraph takes effect.These procedures, standards, and criteria forevaluation of such feasibility studies cannot bechanged or altered except by a separate legislativeinstrument approved by a favorable vote of two-thirdsof the elected members of each house of thelegislature. For those projects not eligible for fundingunder the provisions of Article VII, Section 27 of thisconstitution, the request for implementation of thefirst year of the program shall include a list of theproposed projects in priority order based on theevaluation of the feasibility studies submitted. Capitaloutlay projects approved by the legislature shall bemade a part of the comprehensive state capitalbudget, which shall be adopted by the legislature.

Amended by Acts 1990, No. 1096, §1, approvedOct. 6, 1990, eff. Nov. 8, 1990; Acts 1993, No. 1045,§1, approved Oct. 16, 1993, eff. Nov. 18, 1993; Acts2001, No. 1234, §1, approved Nov. 5, 2002, eff. Dec.11, 2002.

§12. Reports and Records Section 12. Reports and records of the collection,

expenditure, investment, and use of state money andthose relating to state obligations shall be matters ofpublic record, except returns of taxpayers and matterspertaining to those returns.

§13. Investment of State Funds Section 13. All money in the custody of the state

treasurer which is available for investment shall beinvested as provided by law.

§14. Donation, Loan, or Pledge of Public CreditSection 14.(A) Prohibited Uses. Except as

otherwise provided by this constitution, the funds,credit, property, or things of value of the state or ofany political subdivision shall not be loaned, pledged,or donated to or for any person, association, or



corporation, public or private. Except as otherwiseprovided in this Section, neither the state nor apolitical subdivision shall subscribe to or purchasethe stock of a corporation or association or for anyprivate enterprise.

(B) Authorized Uses. Nothing in this Sectionshall prevent (1) the use of public funds for programsof social welfare for the aid and support of the needy;(2) contributions of public funds to pension andinsurance programs for the benefit of publicemployees; (3) the pledge of public funds, credit,property, or things of value for public purposes withrespect to the issuance of bonds or other evidences ofindebtedness to meet public obligations as providedby law; (4) the return of property, including mineralrights, to a former owner from whom the property hadpreviously been expropriated, or purchased underthreat of expropriation, when the legislature by lawdeclares that the public and necessary purpose whichoriginally supported the expropriation has ceased toexist and orders the return of the property to theformer owner under such terms and conditions asspecified by the legislature; (5) acquisition of stockby any institution of higher education in exchange forany intellectual property; (6) the donation ofabandoned or blighted housing property by thegoverning authority of a municipality or a parish to anonprofit organization which is recognized by theInternal Revenue Service as a 501(c)(3) or 501(c)(4)nonprofit organization and which agrees to renovateand maintain such property until conveyance of theproperty by such organization; (7) the deduction ofany tax, interest, penalty, or other charges forming thebasis of tax liens on blighted property so that theymay be subordinated and waived in favor of anypurchaser who is not a member of the immediatefamily of the blighted property owner or which is notany entity in which the owner has a substantialeconomic interest, but only in connection with aproperty renovation plan approved by anadministrative hearing officer appointed by the parishor municipal government where the property islocated; (8) the deduction of past due taxes, interest,and penalties in favor of an owner of a blightedproperty, but only when the owner sells the propertyat less than the appraised value to facilitate theblighted property renovation plan approved by theparish or municipal government and only after therenovation is completed such deduction beingcanceled, null and void, and to no effect in the eventownership of the property in the future reverts back tothe owner or any member of his immediate family;(9) the donation by the state of asphalt which hasbeen removed from state roads and highways to the

governing authority of the parish or municipalitywhere the asphalt was removed, or if not needed bysuch governing authority, then to any other parish ormunicipal governing authority, but only pursuant to acooperative endeavor agreement between the stateand the governing authority receiving the donatedproperty; (10) the investment in stocks of a portion ofthe Rockefeller Wildlife Refuge Trust and ProtectionFund, created under the provisions of R.S. 56:797,and the Russell Sage or Marsh Island Refuge Fund,created under the provisions of R.S. 56:798, suchportion not to exceed thirty-five percent of each fund;(11) the investment in stocks of a portion of thestate-funded permanently endowed funds of a publicor private college or university, not to exceedthirty-five percent of the public funds endowed; (12)the investment in equities of a portion of theMedicaid Trust Fund for the Elderly created underthe provisions of R.S. 46:2691 et seq., such portionnot to exceed thirty-five percent of the fund; (13) theinvestment of public funds to capitalize a stateinfrastructure bank and the loan, pledge, or guaranteeof public funds by a state infrastructure bank solelyfor transportation projects; or (14) pursuant to awritten agreement, the donation of the use of publicequipment and personnel by a political subdivisionupon request to another political subdivision for anactivity or function the requesting politicalsubdivision is authorized to exercise.

(C) Cooperative Endeavors. For a publicpurpose, the state and its political subdivisions orpolitical corporations may engage in cooperativeendeavors with each other, with the United States orits agencies, or with any public or private association,corporation, or individual.

(D) Prior Obligations. Funds, credit, property, orthings of value of the state or of a politicalsubdivision heretofore loaned, pledged, dedicated, orgranted by prior state law or authorized to be loaned,pledged, dedicated, or granted by the prior laws andconstitution of this state shall so remain for the fullterm as provided by the prior laws and constitutionand for the full term as provided by any contract,unless the authorization is revoked by law enacted bytwo-thirds of the elected members of each house ofthe legislature prior to the vesting of any contractualrights pursuant to this Section.

(E) Surplus Property. Nothing in this Sectionshall prevent the donation or exchange of movablesurplus property between or among politicalsubdivisions whose functions include public safety.

Amended by Acts 1983, No. 729, §1, approvedOct. 22, 1983, eff. Nov. 23, 1983; Acts 1990, No.1099, §1, approved Oct. 6, 1990, eff. Nov. 8, 1990;



Acts 1995, No. 1320, §1, approved Oct. 21, 1995, eff.Nov. 23, 1995; Acts 1996, 1st Ex. Sess., No. 97, §1,approved Nov. 5, 1996, eff. Dec. 11, 1996; Acts1998, No. 75, §1, approved Oct. 3, 1998, eff. Nov. 5,1998; Acts 1999, No. 1395, §1, approved Oct. 23,1999, eff. Nov. 25, 1999; Acts 1999, No. 1396, §1,approved Oct. 23, 1999, eff. Nov. 25, 1999; Acts1999, No. 1402, §1, approved Nov. 20, 1999, eff.Dec. 27, 1999; Acts 2006, No. 856, §1, approvedSeptember 30, 2006, eff. October 31, 2006; Acts2006, No. 857, §1, approved September 30, 2006, eff.October 31, 2006; Acts 2015, No. 471, approvedOctober 24, 2015, eff. November 26, 2015; Acts2018, No. 717, approved November 6, 2018, eff.December 12, 2018.

§15. Release of Obligations to State, Parish, orMunicipality

Section 15. The legislature shall have no powerto release, extinguish, or authorize the releasing orextinguishing of any indebtedness, liability, orobligation of a corporation or individual to the state, aparish, or a municipality. However, the legislature, bylaw, may establish a system under which claims bythe state or a political subdivision may becompromised, and may provide for the release ofheirs to confiscated property from taxes due thereonat the date of its reversion to them.

§16. Taxes; Prescription Section 16. Taxes, except real property taxes,

and licenses shall prescribe in three years after thethirty-first day of December in the year in which theyare due, but prescription may be interrupted orsuspended as provided by law.

§17. Legislation to Obtain Federal Aid Section 17. The legislature may enact laws to

enable the state, its agencies, boards, commissions,and political subdivisions and their agencies tocomply with federal laws and regulations in order tosecure federal participation in funding capitalimprovement projects.

PART II. PROPERTY TAXATION

§18. Ad Valorem TaxesSection 18.(A) Assessments. Property subject to

ad valorem taxation shall be listed on the assessmentrolls at its assessed valuation, which, except asprovided in Paragraphs (C), (F), and (G), shall be apercentage of its fair market value. The percentage offair market value shall be uniform throughout thestate upon the same class of property.

(B) Classification. The classifications of propertysubject to ad valorem taxation and the percentage offair market value applicable to each classification forthe purpose of determining assessed valuation are asfollows:Classifications Percentages

1. Land 10%2. Improvements for residential purposes 10%3. Electric cooperative properties,

excluding land 15%4. Public service properties; excluding land 25%5. Other property 15%The legislature may enact laws defining electric

cooperative properties and public service properties.(C) Use Value. Bona fide agricultural,

horticultural, marsh, and timber lands, as defined bygeneral law, shall be assessed for tax purposes at tenpercent of use value rather than fair market value.The legislature may provide by law similarly forbuildings of historic architectural importance.

(D) Valuation. Each assessor shall determine thefair market value of all property subject to taxationwithin his respective parish or district except publicservice properties, which shall be valued at fairmarket value by the Louisiana Tax Commission or itssuccessor. Each assessor shall determine the usevalue of property which is to be so assessed under theprovisions of Paragraph (C). Fair market value anduse value of property shall be determined inaccordance with criteria which shall be established bylaw and which shall apply uniformly throughout thestate.

(E) Review. The correctness of assessments bythe assessor shall be subject to review first by theparish governing authority, then by the Louisiana TaxCommission or its successor, and finally by thecourts, all in accordance with procedures establishedby law.

(F) Reappraisal. (1) All property subject totaxation shall be reappraised and valued inaccordance with this Section, at intervals of not morethan four years.

(2)(a) In the year of implementation of areappraisal as required in Subparagraph (1) of thisParagraph, solely for purposes of determining the advalorem tax imposed on residential property subjectto the homestead exemption as provided in Section 20of this Article, if the assessed value of immovableproperty increases by an amount which is greater thanfifty percent of the property's assessed value in theprevious year, the collector shall phase-in theadditional tax liability resulting from the increase inthe property's assessed value over a four-year periodas follows:



(i) For purposes of calculating the ad valoremtaxes on the property in the first levy followingreappraisal, the collector shall use the property'sassessed value from the previous year, which shall becalled the base amount as used in this Subparagraph,and shall increase the portion of the assessed value ofthe property used to calculate ad valorem taxes byadding an amount which is equal to one-fourth of theamount of the increase in the property's assessedvalue as a result of the reappraisal to the base amount.This resulting amount shall constitute the property'staxable value and shall be used solely for purposes ofcalculating ad valorem taxes for that taxable year.

(ii) For purposes of calculating the ad valoremtaxes on the property in the second levy followingreappraisal, the collector shall increase the portion ofthe assessed value of the property used to calculate advalorem taxes by adding an amount which is equal toone-half of the amount of the increase in theproperty's assessed value as a result of the reappraisalto the base amount. This resulting amount shallconstitute the property's taxable value and shall beused solely for purposes of calculating ad valoremtaxes for that taxable year.

(iii) For purposes of calculating the ad valoremtaxes on the property in the third levy followingreappraisal, the collector shall increase the portion ofthe assessed value of the property used to calculate advalorem taxes by adding an amount which is equal tothree-quarters of the amount of the increase in theproperty's assessed value as a result of the reappraisalto the base amount. This resulting amount shallconstitute the property's taxable value and shall beused solely for purposes of calculating ad valoremtaxes for that taxable year.

(iv) In the fourth levy following reappraisal, thecollector shall calculate ad valorem taxes based onthe property's full assessed value.

(b) The provisions of this Subparagraphproviding for a phase-in of additional ad valorem taxliability following reappraisal shall cease to applyupon the transfer or conveyance of ownership of theproperty. Following a transfer or conveyance, thecollector shall calculate ad valorem taxes based onthe property's full assessed value.

(c) Property subject to the provisions of thisSubparagraph shall not be subject to reappraisal by anassessor until after the four-year phase-in of theamount of the increase in the property's assessedvalue is complete.

(d) Notwithstanding any provision of thisconstitution to the contrary, the increase in assessedvaluation of property phased-in under thisSubparagraph shall be included as taxable property

for purposes of any subsequent reappraisals andvaluation for millage adjustment purposes underArticle VII, Section 23(B) of this constitution. Thedecrease in the total amount of ad valorem taxcollected by a taxing authority as a result of thisphase-in of assessed valuation shall be absorbed bythe taxing authority and shall not create anyadditional tax liability for other taxpayers in thetaxing district as a result of any subsequentreappraisal and valuation or millage adjustment.Implementation of this phase-in of increase inassessed valuation authorized in this Subparagraphshall neither trigger nor be cause for a reappraisal ofproperty or an adjustment of millages pursuant to theprovisions of Article VII, Section 23(B) of thisconstitution.

(e) The provisions of this Subparagraph shall notapply to the extent the increase was attributable toconstruction on or improvements to the property.

(G)(1) Special Assessment Level.(a)(i) The assessment of residential property

receiving the homestead exemption which is ownedand occupied by any of the following and who meetall of the other requirements of this Section shall notbe increased above the total assessment of thatproperty for the first year that the owner qualifies forand receives the special assessment level, providedthat such person or persons remain qualified for andreceive the special assessment level:

(aa) People who are sixty-five years of age orolder.

(bb) People who have a service-connecteddisability rating of fifty percent or more by the UnitedStates Department of Veterans Affairs.

(cc) Members of the armed forces of the UnitedStates or the Louisiana National Guard who ownedand last occupied such property who are killed inaction, or who are missing in action or are a prisonerof war for a period exceeding ninety days.

(dd) Any person or persons permanently totallydisabled as determined by a final non-appealablejudgment of a court or as certified by a state orfederal administrative agency charged with theresponsibility for making determinations regardingdisability.

(ii) Any person or persons shall be prohibitedfrom receiving the special assessment as provided inthis Section if such person's or persons' adjusted grossincome, as reported in the federal tax return for theyear prior to the application for the specialassessment, exceeds one hundred thousand dollars.For persons applying for the special assessmentwhose filing status is married filing separately, theadjusted gross income for purposes of this Section



shall be determined by combining the adjusted grossincome on both federal tax returns. Beginning for thetax year 2026, and for each tax year thereafter, theone hundred thousand dollar limit shall be adjustedannually by the Consumer Price Index as reported bythe United States Government.

(iii) An eligible owner or the owner's spouse orother legally qualified representative shall apply forthe special assessment level by filing a signedapplication establishing that the owner qualifies forthe special assessment level with the assessor of theparish or, in the parish of Orleans, the assessor of thedistrict where the property is located.

(iv) An owner who is below the age of sixty-fiveand who has applied for and received the specialassessment level may qualify for and receive thespecial assessment level in the subsequent year bycertifying to the assessor of the parish, or in the parishof Orleans, the assessor of the district where theproperty is located, that such person or persons'adjusted gross income in the prior tax year satisfiedthe income requirement of this Section. Theprovisions of this Subsubparagraph (a)(iv) shall notapply to an owner who has qualified for and receivedthe special assessment level for persons sixty-fiveyears of age or older or to such owner's survivingspouse as described in Subsubparagraph (a)(i) of thisSubparagraph.

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

(2) Provided such owner is qualified for andreceives the special assessment level, the specialassessment level shall remain on the property as longas:

(a)(i) The owner who is sixty-five years of age orolder, or that owner's surviving spouse who isfifty-five years of age or older or who has minorchildren, remains the owner of the property.

(ii) The owner who has a service-connecteddisability of fifty percent or more, or that owner'ssurviving spouse who is forty-five years of age orolder or who has minor children, remains the ownerof the property.

(iii) The spouse of the owner who is killed inaction remains the owner of the property.

(iv) The first day of the tax year following the taxyear in which an owner who was missing in action orwas a prisoner of war for a period exceeding ninetydays is no longer missing in action or a prisoner ofwar.

(v) Even if the ownership interest of anysurviving spouse or spouse of an owner who ismissing in action as provided for in this Subparagraphis an interest in usufruct.

(b) The value of the property does not increasemore than twenty-five percent because ofconstruction or reconstruction.

(3) A new or subsequent owner of the propertymay claim a special assessment level when eligibleunder this Section. The new owner is not necessarilyentitled to the same special assessment level on theproperty as when that property was owned by theprevious owner.

(4)(a) The special assessment level on propertythat is sold shall automatically expire on the last dayof December in the year prior to the year that theproperty is sold. The property shall be immediatelyrevalued at fair market value by the assessor and shallbe assessed by the assessor on the assessment rolls inthe year it was sold at the assessment level providedfor in Article VII, Section 18 of the Constitution ofLouisiana.

(b) This new assessment level shall remain ineffect until changed as provided by this Section orthis Constitution.

(5)(a) Any owner entitled to the specialassessment level set forth in this Paragraph who isunable to occupy the homestead on or beforeDecember thirty-first of a future calendar year due todamage or destruction of the homestead caused by adisaster or emergency declared by the governor shallbe entitled to keep the special assessment level of thehomestead prior to its damage or destruction on therepaired or rebuilt homestead provided the repairedor rebuilt homestead is reoccupied by the ownerwithin five years from December thirty-first of theyear following the disaster. The assessed value of theland and buildings on which the homestead waslocated prior to its damage shall not be increasedabove its assessed value immediately prior to thedamage or destruction described in thisSubsubparagraph. If the property owner receives ahomestead exemption on another homestead duringthe same five-year period, the damaged or destroyedproperty shall not be entitled to keep the specialassessment level, and the land and buildings shall beassessed in that year at the percentage of fair marketvalue set forth in this constitution. In addition, theowner shall also maintain the homestead exemptionset forth in Article VII, Section 20(A)(10) to qualifyfor the special assessment level in thisSubsubparagraph.

(b) Any owner entitled to the special assessmentlevel set forth in Subsubparagraph (a) of thisSubparagraph who is unable to reoccupy hishomestead within five years from December thirty-first of the year following the disaster shall be eligiblefor an extension of the special assessment level on the



homestead for a period not to exceed two years. Ahomeowner shall be eligible for this extension only ifthe homeowner's damage claim is filed and pendingin a formal appeal process with any federal, state, orlocal government agency or program offering grantsor assistance for repairing or rebuilding damaged ordestroyed homes as a result of the disaster, or if ahomeowner has a damage claim filed and pendingagainst the insurer of the property. The homeownershall apply for this extension of the specialassessment level with the assessor of the parish inwhich the homestead is located. The assessor shallrequire the homeowner to provide officialdocumentation from the government agency orprogram evidencing the homeowner's participation inthe formal appeal process or official documentationevidencing the homeowner has a damage claim filedand pending against the insurer of the damagedproperty, as provided by law.

(c) After expiration of the extension authorizedin Subsubparagraph (b) of this Subparagraph, anassessor shall have the authority to grant on a case-by-case basis up to three additional one-yearextensions of the special assessment level asprescribed by law.

(6)(a) A trust shall be eligible for the specialassessment level as provided by law.

(b) If a trust would have been eligible for thespecial assessment level pursuant to thisSubparagraph prior to the most recent reappraisal, thetotal assessment of the property held in trust shall bethe assessed value on the last appraisal before thereappraisal.

Amended by Acts 1979, No. 799, §1, approvedOct. 27, 1979, eff. Dec. 1, 1979; Acts 1997, No.1491, §1, approved Oct. 3, 1998, eff. Jan. 1, 2000;Acts 2002, No. 87, §1, approved Nov. 5, 2002, eff.Dec. 11, 2002; Acts 2005, 1st Ex. Sess., No. 70, §1,approved September 30, 2006, eff. October 31, 2006;Acts 2005, No. 511, §1, approved November 7, 2006,eff. January 1, 2007; Acts 2010, No. 1050, §1,approved November 2, 2010, effective January 1,2011; Acts 2018, No. 718, §1, approved November 6,2018, eff. December 12, 2018; Acts 2018, No. 721,§1, approved November 6, 2018, eff. December 12,2018; Acts 2020, No. 369, §1, approved by votersNovember 3, 2020, effective December 10, 2020.

§19. State Property Taxation; Rate Limitation Section 19. State taxation on property for all

purposes shall not exceed an annual rate of five andthree-quarter mills on the dollar of assessed valuation.

§20. Homestead Exemption Section 20.(A) Homeowners.(1) The bona fide homestead, consisting of a

tract of land or two or more tracts of land even if theland is classified and assessed at use value pursuant toArticle VII, Section 18(C) of this constitution, with aresidence on one tract and a field with or withouttimber on it, pasture, or garden on the other tract ortracts, not exceeding one hundred sixty acres,buildings and appurtenances, whether rural or urban,owned and occupied by any person or personsowning the property in indivision, shall be exemptfrom state, parish, and special ad valorem taxes to theextent of seven thousand five hundred dollars of theassessed valuation. The same homestead exemptionshall also fully apply to the primary residence,including a mobile home, which serves as a bona fidehome and which is owned and occupied by anyperson or persons owning the property in indivision,regardless of whether the homeowner owns the landupon which the home or mobile home is sited;however, this homestead exemption shall not apply tothe land upon which such primary residence is sited ifthe homeowner does not own the land.

(2)The homestead exemption shall extend andapply fully to the surviving spouse or a former spousewhen the homestead is occupied by the survivingspouse or a former spouse and title to it is in the nameof (a) the surviving spouse as owner of any interest oreither or both of the former spouses, (b) the survivingspouse as usufructuary, or (c) a testamentary trustestablished for the benefit of the surviving spouse andthe descendants of the deceased spouse or survivingspouse, but not to more than one homestead ownedby either the husband or wife, or both.

(3) The homestead exemption shall extend toproperty owned by a trust when the principalbeneficiary or beneficiaries of the trust are the settloror settlors of the trust and were the immediate priorowners of the homestead, and the homestead isoccupied as such by a principal beneficiary. Theprovisions of this Subparagraph shall apply only toproperty which qualified for the homesteadexemption immediately prior to transfer, conveyance,or donation in trust, or which would have qualifiedfor the homestead exemption if such property werenot owned in trust.

(4) The homestead exemption shall extend toproperty where the usufruct of the property has beengranted to no more than two usufructuaries who werethe immediate prior owners of the homestead and thehomestead is occupied as such by a usufructuary. Theprovisions of this Subparagraph shall apply only toproperty which qualified for the homestead



exemption immediately prior to the granting of suchusufruct, or which would have qualified for thehomestead exemption if such usufruct had not beengranted.

(5) The homestead exemption shall extend onlyto a natural person or persons and to a trust createdby a natural person or persons, in which thebeneficiaries of the trust are a natural person orpersons provided that the provisions of this Paragraphare otherwise satisfied.

(6) Except as otherwise provided for in thisParagraph, the homestead exemption shall apply toproperty owned in indivision, but shall be limited tothe pro rata ownership interest of that person orpersons occupying the homestead.

(7) No homestead exemption shall be granted onbond for deed property. However, any homesteadexemption granted prior to June 20, 2003 on anyproperty occupied upon the effective date of thisParagraph by a buyer under a bond for deed contractshall remain valid as long as the circumstances givingrise to the exemption at the time the exemption wasgranted remain applicable.

(8) Notwithstanding any provision of thisParagraph to the contrary, in no event shall more thanone homestead exemption extend or apply to anyperson in this state.

(9) This exemption shall not extend to municipaltaxes. However, the exemptions shall apply (a) inOrleans Parish, to state, general city, school, levee,and levee district taxes and (b) to any municipal taxeslevied for school purposes.

(10)(a) Any homestead receiving the homesteadexemption that is damaged or destroyed during adisaster or emergency declared by the governorwhose owner is unable to occupy the homestead on orbefore December thirty-first of a calendar year due tosuch damage or destruction shall be entitled to claimand keep the exemption by filing an annual affidavitof intent to return and reoccupy the homestead withinfive years from December thirty-first of the yearfollowing the disaster with the assessor within theparish or district where such homestead is situatedprior to December thirty-first of the year in which theexemption is claimed. In no event shall more than onehomestead exemption extend or apply to any personin this state.

(b) For homesteads qualifying for the homesteadexemption under the provisions of Subsubparagraph(a) of this Subparagraph, after expiration of the five-year period, the owner of a homestead shall beentitled to claim and keep the exemption for a periodnot to exceed two additional years by filing an annualaffidavit of intent to return and reoccupy the

homestead with the assessor within the parish wherethe homestead is located prior to December thirty-first of the year in which the exemption is claimed. Ahomeowner shall be eligible for this extension only ifthe homeowner's damage claim to repair or rebuildthe damaged or destroyed homestead is filed andpending in a formal appeal process with any federal,state, or local government agency or program offeringgrants or assistance for repairing or rebuildingdamaged or destroyed homes as a result of thedisaster, or if a homeowner has a damage claim filedand pending against the insurer of the property. Theassessor shall require the homeowner to provideofficial documentation from the government agencyor program evidencing the homeowner's participationin the formal appeal process or officialdocumentation evidencing the homeowners has adamage claim filed and pending against the insurer ofthe property as provided by law.

(c) After expiration of the extension authorizedin Subsubparagraph (b) of this Subparagraph, anassessor shall have the authority to grant on a case-by-case basis up to three additional one-yearextensions of the homestead exemption as prescribedby law.

(B) Residential Lessees. Notwithstanding anycontrary provision in this constitution, the legislaturemay provide for tax relief to residential lessees in theform of credits or rebates in order to provideequitable tax relief similar to that granted tohomeowners through homestead exemptions.

Amended by Acts 1980, No. 844, §1, approvedNov. 4, 1980; Acts 1993, No. 1046, §1, approvedOct. 16, 1993, eff. Nov. 18, 1993; Acts 2004, No.929, §1, approved Nov. 2, 2004, eff. Dec. 7, 2004;Acts 2005, 1st Ex. Sess., No. 70, §1, approved Sept.30, 2006, eff. Oct. 31, 2006; Acts 2006, No. 852, §1,approved Sept. 30, 2006, eff. Oct. 31, 2006; Acts2010, No. 1050, approved November 2, 2010, eff.January 1, 2011.

§21. Other Property ExemptionsSection 21. In addition to the homestead

exemption provided for in Section 20 of this Article,the following property and no other shall be exemptfrom ad valorem taxation:

(A) Public lands and other public property usedfor public purposes. Land or property owned byanother state or owned by a political subdivision ofanother state shall not be exempt under thisParagraph.

(B)(1)(a)(i) Property owned by a nonprofitcorporation or association organized and operatedexclusively for religious, dedicated places of burial,



charitable, health, welfare, fraternal, or educationalpurposes, no part of the net earnings of which inure tothe benefit of any private shareholder or memberthereof and which is declared to be exempt fromfederal or state income tax; and

(ii) medical equipment leased for a termexceeding five years to such a nonprofit corporationor association which owns or operates a small, ruralhospital and which uses the equipment solely forhealth care purposes at the hospital, provided that theproperty shall be exempt only during the term of thelease to such corporation or association, and furtherprovided that "small, rural hospital" shall mean ahospital which meets all of the following criteria:

(aa) It has less than fifty Medicare-licensed acutecare beds.

(bb) It is located in a municipality with apopulation of less than ten thousand which has beenclassified as an area with a shortage of healthmanpower by the United States Health Service; and

(b) property leased to such a nonprofitcorporation or association for use solely as housingfor homeless persons, as defined by regulationadopted by the tax commission or its successorprovided that the term of such lease shall be for atleast five years, that as a condition of entering into thelease the property be in compliance with allapplicable health and sanitation codes for use ashousing for homeless persons, that the lease shallprovide that compensation to be paid the lessor shallnot exceed one dollar per year, and that such contractof lease shall recite that the property shall be usedexclusively for the purpose of housing the homeless,and further provided that at such time as the propertyis no longer used solely as housing for homelesspersons, the property shall no longer be exempt fromtaxation;

(2) property of a bona fide labor organizationrepresenting its members or affiliates in collectivebargaining efforts; and

(3) property of an organization such as a lodge orclub organized for charitable and fraternal purposesand practicing the same, and property of a nonprofitcorporation devoted to promoting trade, travel, andcommerce, and also property of a trade, business,industry or professional society or association, if thatproperty is owned by a nonprofit corporation orassociation organized under the laws of this state forsuch purposes.

None of the property listed in Paragraph (B) shallbe exempt if owned, operated, leased, or used forcommercial purposes unrelated to the exemptpurposes of the corporation or association.

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

(2) stocks and bonds, except bank stocks, the taxon which shall be paid by the banking institution;

(3) obligations secured by mortgage on propertylocated in Louisiana and the notes or other evidencethereof;

(4) loans by life insurance companies topolicyholders, if secured solely by their policies;

(5) the legal reserve of domestic life insurancecompanies;

(6) loans by a homestead or building and loanassociation to its members, if secured solely by stockof the association;

(7) debts due for merchandise or other articles ofcommerce or for services rendered;

(8) obligations of the state or its politicalsubdivisions;

(9) personal property used in the home or on loanin a public place;

(10) irrevocably dedicated places of burial heldby individuals for purposes of burial of themselves ormembers of their families;

(11) agricultural products while owned by theproducer, agricultural machinery and otherimplements used exclusively for agriculturalpurposes, animals on the farm, and propertybelonging to an agricultural fair association;

(12) property used for cultural, Mardi Grascarnival, or civic activities and not operated for profitto the owners;

(13) rights-of-way granted to the StateDepartment of Highways;

(14) boats using gasoline as motor fuel; (15) commercial vessels used for gathering

seafood for human consumption; and (16) ships and oceangoing tugs, towboats, and

barges engaged in international trade and domiciledin Louisiana ports. However, this exemption shall notapply to harbor, wharf, shed, and other port dues or toany vessel operated in the coastal trade of the statesof the United States.

(17) Materials, boiler fuels, and energy sourcesused by public utilities to fuel the generation ofelectricity.

(18) All incorporeal movables of any kind ornature whatsoever, except public service properties,bank stocks, and credit assessments on premiumswritten in Louisiana by insurance companies and loanand finance companies. For purposes of this Section,incorporeal movables shall have the meaning set forthin the Louisiana Civil Code of 1870, as amended.

(19) All artwork including sculptures, glassworks, paintings, drawings, signed and numberedposters, photographs, mixed media, collages, or anyother item which would be considered as the material



result of a creative endeavor which is listed as aconsignment article by an art dealer.

(D)(1) Raw materials, goods, commodities, andarticles imported into this state from outside the statesof the United States:

(a) so long as the imports remain on the publicproperty of the port authority or docks of the commoncarrier where they first entered this state;

(b) so long as the imports (other than mineralsand ores of the same kind as any mined or producedin this state and manufactured articles) are held in thisstate in the original form in bales, sacks, barrels,boxes, cartons, containers, or other original packages,and raw materials held in bulk as all or a part of thenew material inventory of manufacturers orprocessors, solely for manufacturing or processing; or

(c) so long as the imports are held by an importerin any public or private storage in the original form inbales, sacks, barrels, boxes, cartons, containers, orother original packages and agricultural products inbulk. This exemption shall not apply to these importswhen held by a retail merchant as part of hisstock-in-trade for sale at retail.

(2) Raw materials, goods, commodities, andother articles being held on the public property of aport authority, on docks of any common carrier, or ina warehouse, grain elevator, dock, wharf, or publicstorage facility in this state for export to a pointoutside the states of the United States.

(3) Goods, commodities, and personal propertyin public or private storage while in transit throughthis state which are moving in interstate commercethrough or over the territory of the state or which arein public or private storage within Louisiana, havingbeen shipped from outside Louisiana for storage intransit to a final destination outside Louisiana,whether such destination was specified whentransportation began or afterward.

Property described in Paragraph (D), whether ornot entitled to exemption, shall be reported to theproper taxing authority on the forms required by law.

(E) Motor vehicles used on the public highwaysof this state, from state, parish, municipal, and specialad valorem taxes.

(F) Notwithstanding any contrary provision ofthis Section, the State Board of Commerce andIndustry or its successor, with the approval of thegovernor, may enter into contracts for the exemptionfrom ad valorem taxes of a new manufacturingestablishment or an addition to an existingmanufacturing establishment, on such terms andconditions as the board, with the approval of thegovernor, deems in the best interest of the state.

The exemption shall be for an initial term of no

more than five calendar years, and may be renewedfor an additional five years. All property exemptedshall be listed on the assessment rolls and submittedto the Louisiana Tax Commission or its successor, butno taxes shall be collected thereon during the periodof exemption.

The terms "manufacturing establishment" and"addition" as used herein mean a new plant orestablishment or an addition or additions to anyexisting plant or establishment which engages in thebusiness of working raw materials into wares suitablefor use or which gives new shapes, qualities orcombinations to matter which already has gonethrough some artificial process.

(G) Coal or lignite stockpiled in Louisiana foruse in Louisiana for industrial or manufacturingpurposes or for boiler fuel, gasification, feedstock, orprocess purposes.

(H) Notwithstanding any contrary provision ofthis constitution, the State Board of Commerce andIndustry or its successor, with the approval of thegovernor and the local governing authority and inaccordance with procedures and conditions providedby law, may enter into contracts granting to aproperty owner, who proposes the expansion,restoration, improvement, or development of anexisting structure or structures in a downtown,historic, or economic development district establishedby a local governing authority or in accordance withlaw, the right for an initial term of five years aftercompletion of the work to pay ad valorem taxes basedupon the assessed valuation of the property for theyear prior to the commencement of the expansion,restoration, improvement, or development. Contractsmay be renewed, subject to the same conditions, foran additional five years extending such right for atotal of ten years from completion of the work.

(I)(1) Notwithstanding any contrary provision ofthis Section, the authority or district charged witheconomic development of each parish is herebyauthorized to enter into contracts for the exemptionfrom parish, municipal, and special ad valorem taxesof goods held in inventory by distribution centers. Inthe absence of the existence of an economicdevelopment authority or district, the parishgoverning authority is authorized to grant contracts ofexemption as are provided for in this Paragraph.

(2) The contract for exemption shall be on suchterms and to the extent, up to and including the fullassessed valuation of the goods held in inventory, asthe economic development authority or district deemsin the best interest of the parish. However, prior toentering into each individual contract, the economicdevelopment authority or district must request and



receive written approval of the contract, including itsterms and an estimated fiscal impact, from eachaffected tax recipient body in the parish, as evidencedby a favorable vote of a majority of the members ofthe governing authority of the tax recipient body.Failure to receive all required approvals from the taxrecipient bodies before entering into a contract shallrender the contract null and void and of no effect.

(3) The term "distribution center" as used hereinmeans an establishment engaged in the sale ofproducts for resale or further processing for resale.The term "goods held in inventory" as used hereinmeans goods or products which have been given newshapes, qualities, or combinations through someartificial process and does not include raw materialssuch as natural gas, crude oil, sulphur, or timber orgoods or products held for sale to consumers.

(J)(1) Drilling rigs used exclusively for theexploration and development of minerals outside theterritorial limits of the state in Outer ContinentalShelf waters which are within the state for thepurpose of being stored or stacked for use outside theterritorial limits of the state, or for the purpose ofbeing converted, renovated, or repaired, and anyproperty in the state for the purpose of beingincorporated in, or to be used in the operation of saiddrilling rigs.

(2) The exemption provided in this Paragraphshall be applicable in any parish in which theexemption has been approved by a majority of theelectors of the parish voting thereon at an electioncalled for that purpose.

(K)(1) On and after January 1, 2015, in additionto the homestead exemption authorized under theprovisions of Article VII, Section 20 of thisconstitution, which applies to the first seven thousandfive hundred dollars of the assessed valuation ofproperty, the next seven thousand five hundreddollars of the assessed valuation of property receivingthe homestead exemption that is owned and occupiedby a veteran with a service-connected disability ratingof one hundred percent unemployability or totallydisabled by the United States Department of VeteransAffairs shall be exempt from ad valorem taxation. The surviving spouse of a deceased veteran with aservice-connected disability rating of one hundredpercent unemployability or totally disabled by theUnited States Department of Veterans Affairs shall beeligible for this exemption if the surviving spouseoccupies and remains the owner of the property,whether or not the exemption was in effect on theproperty prior to the death of the veteran. If propertyeligible for the exemption provided for in thisParagraph has an assessed value in excess of fifteen

thousand dollars, ad valorem property taxes shallapply to the assessment in excess of fifteen thousanddollars.

(2) Notwithstanding any provision of thisconstitution to the contrary, the property assessmentof a property for which this exemption has beenclaimed, to the extent of seven thousand five hundreddollars, shall not be treated as taxable property forpurposes of any subsequent reappraisals andvaluation for millage adjustment purposes underArticle VII, Section 23(B) of this Constitution. Thedecrease in the total amount of ad valorem taxcollected by a taxing authority as a result of theexemption shall be absorbed by the taxing authorityand shall not create any additional tax liability forother taxpayers in the taxing district as a result of anysubsequent reappraisal and valuation or millageadjustment. Implementation of the exemptionauthorized in this Paragraph shall neither trigger norbe cause for a reappraisal of property or anadjustment of millages pursuant to the provisions ofArticle VII, Section 23(B) of this constitution.

(3)(a) The exemption provided for in thisParagraph shall extend and apply in a parish only if itis established through an election that shall be calledby either an ordinance or a resolution from the parishgoverning authority. The proposition shall state thatthe exemption shall extend and apply in the parishand become effective only after the question of itsadoption has been approved by a majority of theregistered voters of the parish voting in an electionheld for that purpose.

(b) If a parish held an election as provided bythis Subparagraph and the electors approved theexemption prior to November 4, 2014, the parish mayimplement the exemption as amended by thestatewide electors on November 4, 2014, withoutholding an additional election.

(4) A trust shall be eligible for the exemptionprovided for in this Paragraph as provided by law.

(L)(1) Except as otherwise provided herein,property owned or leased by, and used by, a targetednon-manufacturing business in the operation of itsfacility, including buildings, improvements,equipment, and other property necessary or beneficialto such operation, according to a program andpursuant to contracts of exemption which containsuch terms and conditions which shall be provided bylaw. Land underlying the facility and other propertypertaining to the facility on which ad valorem taxeshave previously been paid, inventories, consumables,and property eligible for the manufacturingexemption provided by Paragraph (F) of this Section,shall not be exempt under this Paragraph.



(2) Ad valorem taxes shall apply to the assessedvaluation of the first ten million dollars or ten percentof fair market value, whichever is greater, and thisamount of property shall not be exempt under thisParagraph.

(3) A targeted non-manufacturing businessmeans at least fifty percent of such business' totalannual sales from a site or sites in the state is toout-of-state customers or buyers, or to in-statecustomers or buyers but the product or service isresold by the purchaser to an out-of-state customer orbuyer for ultimate use, or to the federal government,or any combination thereof. The legislature mayprovide by law for the inclusion of sales by affiliateswhen appropriate in making this fifty percentdetermination.

(4) A contract for the exemption shall beavailable only in parishes which have agreed toparticipate, in the manner provided by the legislatureby law.

(M) There is hereby established an exemptionfrom ad valorem tax for the total assessed value of thehomestead of the unmarried surviving spouse of aperson who died under the conditions enumerated inSubsubparagraph (1)(a) or (b) of this Paragraph, andif the conditions established in Subsubparagraph(1)(c) of this Paragraph are met.

(1)(a) For ad valorem taxes due in 2017 andthereafter, the exemption shall apply beginning in thetax year in which any of the following persons died or2017, whichever is later:

(i) A member of the armed forces of the UnitedStates or the Louisiana National Guard who diedwhile on active duty.

(ii) A state police officer who died while on duty.(iii) A law enforcement or fire protection officer

who qualified for the salary supplement authorized inSection 10(D)(3) of this Article who died while onduty.

(b) For ad valorem taxes due in 2018 andthereafter, the exemption shall apply beginning in thetax year in which any of the following persons died or2018, whichever is later:

(i) An emergency medical responder, technician,or paramedic, as such terms may be defined by law,who died while performing the duties of theiremployment.

(ii) A volunteer firefighter, verified by the Officeof the State Fire Marshal to have died whileperforming firefighting duties.

(iii) A law enforcement or fire protection officerwho died while on duty and who would havequalified for the salary supplement authorized inSection 10(D)(3) of this Article if he had completed

the first year of his employment before his death.(c)(i) The property is eligible for the homestead

exemption and the property was the residence of aperson listed within Subsubparagraph (a) or (b) ofthis Subparagraph at the time of that person's death.

(ii) The surviving spouse has not remarried.(iii) The surviving spouse annually provides

evidence of their eligibility for the exemption inaccordance with the requirements of Subparagraph(2) of this Paragraph.

(2) Each assessor shall establish a procedurewhereby a person may annually apply for theexemption. Eligibility for the exemption shall beestablished by the production of documents andcertification of information by the surviving spouse tothe assessor as follows:

(a) In an initial application for the exemption, thesurviving spouse shall produce documentation issuedby their deceased spouse's employer evidencing thedeath.

(b) For purposes of the continuation of anexisting exemption, the surviving spouse shallannually provide a sworn statement to the assessorattesting to the fact that the surviving spouse has notremarried.

(3) Once an unmarried surviving spouse hasqualified for and taken the exemption, if the survivingspouse then acquires a different property whichqualifies for the homestead exemption, the survivingspouse shall be entitled to an exemption on thatsubsequent homestead, the exemption being limitedin value to the amount of the exemption claimed onthe prior homestead in the last year for which theexemption was claimed. The assessor may require thesubmission of certain information concerning theamount of the exemption on the prior homestead forpurposes of determining the extent of the exemptionavailable for the subsequent homestead.

(4) A trust shall be eligible for the exemptionprovided for in this Paragraph as provdied by law.

(N)(1) All property delivered to a constructionproject site for the purpose of incorporating theproperty into any tract of land, building, or otherconstruction as a component part, including the typeof property that may be deemed to be a componentpart once placed on an immovable for its service andimprovement pursuant to the provisions of theLouisiana Civil Code of 1870, as amended. Theexemption provided for in this Paragraph shall beapplicable until the construction project for which theproperty has been delivered is complete. Aconstruction project shall be deemed complete whenconstruction is finished to the extent that the projectcan be used or occupied for its intended purpose. A



construction project shall not be deemed completeduring its inspection, testing, or commissioningstages, as defined by reasonable industry standards.

(2) Notwithstanding the provisions ofSubparagraph (1) of this Paragraph, this exemptionshall not apply to any of the following:

(a) Any portion of a construction project that iscomplete, available for its intended use, oroperational on the date that property is assessed.

(b) For projects constructed in two or moredistinct phases, any phase of the construction projectthat is complete, available for its intended use, oroperational on the date the property is assessed.

(c) Any public service property, unless the publicservice property is otherwise eligible for anexemption provided by any other provision of thisconstitution.

Amended by Acts 1981, No. 942, §1, eff. Oct. 16,1982; Acts 1981, No. 943, §1, eff. Oct. 16, 1982; Acts1981, No. 944, §1, eff. Oct. 16, 1982; Acts 1989, No.845, §1, approved Oct. 6, 1990, eff. Jan. 1, 1991;Acts 1990, No. 1101, §1, approved Oct. 6, 1990, eff.Jan. 1, 1991; Acts 1990, No. 1104, §1, approved Oct.6, 1990, eff. Jan. 1, 1991; Acts 1996, No. 47, §1,approved Sept. 21, 1996, eff. Nov. 5, 1996; Acts2003, No. 1297, §1, approved Oct. 4, 2003, eff. Jan.1, 2004; Acts 2005, No. 509, §1, approved November7, 2006, eff. January 1, 2007; Acts 2005, No. 510,§1, approved November 7, 2006, eff. January 1,2007; Acts 2005, No. 512, §1, approved November 7,2006, eff. December 11, 2006; Acts 2010, No. 1049,§1, approved November 2, 2010, effective January 1,2011; Acts 2012, No. 871, §1, approved November 6,2012, effective January 1, 2013; Acts 2012, No. 875,§1, approved November 6, 2012, effective January 1,2013; Acts 2013, No. 433, §1, approved November 4,2014, eff. December 10, 2014; Acts 2015, No. 470,approved October 24, 2015, eff. November 26, 2015;Acts 2016, No. 678, §1, approved November 8, 2016,effective December 1, 2016; Acts 2017, No. 427, §1,approved October 14, 2017, eff. January 1, 2018;Acts 2017, No. 428, §1, approved October 14, 2017,eff. November 16, 2017; Acts 2018, No. 721, §1,approved November 6, 2018, eff. December 12, 2018.

§22. No Impairment of Existing Taxes orObligations

Section 22. This Part shall not be applied in amanner which will (a) invalidate taxes authorized andimposed prior to the effective date of this constitutionor (b) impair the obligations, validity, or security ofany bonds or other debt obligations authorized priorto the effective date of this constitution.

§23. Adjustment of Ad Valorem Tax MillagesSection 23.(A) First Adjustment. Prior to the end

of the third year after the effective date of thisconstitution, the assessors and the Louisiana TaxCommission or its successor shall completedetermination of the fair market value or the usevalue of all property subject to taxation within eachparish for use in implementing this Article. Except asprovided in this Section, the total amount of advalorem taxes collected by any taxing authority in theyear in which Sections 18 and 20 of this Article areimplemented shall not be increased or decreased,because of their provisions, above or below advalorem taxes collected by that taxing authority in theyear preceding implementation. To accomplish thisresult, it shall be mandatory for each affected taxingauthority, in the year in which Sections 18 and 20 ofthis Article are implemented, to adjust millagesupwards or downwards without regard to millagelimitations contained in this constitution, and themaximum authorized millages shall be increased ordecreased, without further voter approval, inproportion to the amount of the adjustment upward ordownward. Thereafter, such millages shall remain ineffect unless changed as permitted by thisconstitution.

(B) Subsequent Adjustments. Except asotherwise permitted in this Section, the total amountof ad valorem taxes collected by any taxing authorityin the year in which the reappraisal and valuationprovisions of Section 18, Paragraph (F) of this Articleare implemented shall not be increased or decreasedbecause of a reappraisal or valuation or increases ordecreases in the homestead exemption above orbelow the total amount of ad valorem taxes collectedby that taxing authority in the year precedingimplementation of the reappraisal and valuation. Toaccomplish this result, the provisions of millageadjustments relative to implementation of Section 18and Section 20 of this Article, as set forth inParagraph (A) of this Section shall be mandatory.Thereafter, following implementation of eachsubsequent reappraisal and valuation required byParagraph (F) of Section 18 of this Article, themillages as fixed in each such implementation shallremain in effect unless changed as permitted byParagraph (C) of this Section.

(C) Increases Permitted. Nothing herein shallprohibit a taxing authority from collecting, in the yearin which Sections 18 and 20 of this Article areimplemented or in any subsequent year, a largerdollar amount of ad valorem taxes by (1) levyingadditional or increased millages as provided by law or(2) placing additional property on the tax rolls.



Increases in the millage rate in excess of the ratesestablished as provided by Paragraph (B) above butnot in excess of the prior year's maximum authorizedmillage rate may be levied by two-thirds vote of thetotal membership of a taxing authority without furthervoter approval but only after a public hearing held inaccordance with the open meetings law; however, inaddition to any other requirements of the openmeetings law, public notice of the time, place, andsubject matter of such hearing shall be published ontwo separate days no less than thirty days before thepublic hearing. Such public notice shall be publishedin the official journal of the taxing authority, andanother newspaper with a larger circulation within thetaxing authority than the official journal of the taxingauthority, if there is one.

(D) Application. This Section shall not apply tomillages required to be levied for the payment ofgeneral obligation bonds.

Amended by Acts 1980, 2nd Ex.Sess., No. 1, §1,approved Nov. 4, 1980, eff. Dec. 8, 1980; Acts 1997,No. 1496, §1, approved Oct. 3, 1998, eff. Nov. 5,1998.

§24. Tax AssessorsSection 24.(A) Election; Term. A tax assessor

shall be elected by the electors of each parish. Histerm of office shall be four years. His election, duties,and compensation shall be as provided by law.

(B) Orleans Parish. The assessor shall be electedat the same time as the municipal officers of NewOrleans.

(C) Vacancy. When a vacancy occurs in theoffice of tax assessor, the duties of the office, untilfilled by election as provided by law, shall beassumed by the chief deputy assessor.


§25. Tax SalesSection 25.(A) Tax Sales. (1) There shall be no

forfeiture of property for nonpayment of taxes.However, at the expiration of the year in which thetaxes are due, the collector, without suit, and aftergiving notice to the delinquent in the mannerprovided by law, shall advertise for sale the propertyon which the taxes are due. The advertisement shallbe published in the official journal of the parish ormunicipality, or, if there is no official journal, asprovided by law for sheriffs' sales, in the mannerprovided for judicial sales. On the day of sale, thecollector shall sell the portion of the property whichthe debtor points out. If the debtor does not point outsufficient property, the collector shall sell

immediately the least quantity of property which anybidder will buy for the amount of the taxes, interest,and costs. The sale shall be without appraisement. Atax deed by a tax collector shall be prima facieevidence that a valid sale was made.

(2) If property located in a municipality with apopulation of more than four hundred fifty thousandpersons as of the most recent federal decennial censusfails to sell for the minimum required bid in the taxsale, the collector may offer the property for sale at asubsequent sale with no minimum required bid. Theproceeds of the sale shall be applied to the taxes,interest, and costs due on the property, and anyremaining deficiency shall be eliminated from the taxrolls.

(B) Redemption. (1) The property sold shall beredeemable for three years after the date ofrecordation of the tax sale, by paying the price given,including costs, five percent penalty thereon, andinterest at the rate of one percent per month untilredemption.

(2) In the city of New Orleans, when suchproperty sold is residential or commercial propertywhich is abandoned property as defined by R.S.33:4720.12(1) or blighted property as defined by Act155 of the 1984 Regular Session, it shall beredeemable for eighteen months after the date ofrecordation of the tax sale by payment in accordancewith Subparagraph (1) of this Paragraph.

(3) In any parish other than Orleans, when suchproperty sold is vacant residential or commercialproperty which has been declared blighted, as definedby R.S. 33:1374(B)(1) on January 1, 2013, orabandoned, as defined by R.S. 33:4720.59(D)(2) onJanuary 1, 2013, it shall be redeemable for eighteenmonths after the date of recordation of the tax sale bypayment in accordance with Subparagraph (1) of thisParagraph.

(C) Annulment. No sale of property for taxesshall be set aside for any cause, except on proof ofpayment of the taxes prior to the date of the sale,unless the proceeding to annul is instituted within sixmonths after service of notice of sale. A notice of saleshall not be served until the final day for redemptionhas ended. It must be served within five years afterthe date of the recordation of the tax deed if no noticeis given. The fact that taxes were paid on a part of theproperty sold prior to the sale thereof, or that a part ofthe property was not subject to taxation, shall not because for annulling the sale of any part thereof onwhich the taxes for which it was sold were due andunpaid. No judgment annulling a tax sale shall haveeffect until the price and all taxes and costs are paid,and until ten percent per annum interest on the



amount of the price and taxes paid from date ofrespective payments are paid to the purchaser;however, this shall not apply to sales annulledbecause the taxes were paid prior to the date of sale.

(D) Quieting Tax Title. The manner of noticeand form of proceeding to quiet tax titles shall beprovided by law.

(E) Movables; Tax Sales. When taxes onmovables are delinquent, the tax collector shall seizeand sell sufficient movable property of the delinquenttaxpayer to pay the tax, whether or not the propertyseized is the property which was assessed. Sale of theproperty shall be at public auction, withoutappraisement, after ten days advertisement, publishedwithin ten days after date of seizure. It shall beabsolute and without redemption.

If the tax collector can find no corporealmovables of the delinquent to seize, he may levy onincorporeal rights, by notifying the debtor thereof, orhe may proceed by summary rule in the courts tocompel the delinquent to deliver for sale property inhis possession or under his control.

(F) Postponement of Taxes. The legislature maypostpone the payment of taxes, but only in cases ofoverflow, general conflagration, general cropdestruction, or other public calamity, and mayprovide for the levying, assessing, and collecting ofsuch postponed taxes. In such case, the legislaturemay authorize the borrowing of money by the state onits faith and credit, by bond issue or otherwise, andmay levy taxes, or apply taxes already levied and notappropriated, to secure payment thereof, in order tocreate a fund from which loans may be made throughthe Interim Emergency Board to the governingauthority of the parish where the calamity occurs. Themoney loaned shall be applied to and shall not exceedthe deficiency in revenue of the parish or a politicalsubdivision therein or of which the parish is a part,caused by postponement of taxes. No loan shall bemade to a parish governing authority without theapproval of the Interim Emergency Board.

Amended by Acts 1995, No. 1319, §1, approvedOct. 21, 1995, eff. Nov. 23, 1995; Acts 1997, No.1495, §1, approved Oct. 3, 1998, eff. Nov. 5, 1998;Acts 2013, No. 436, §1, approved Nov. 4, 2014, eff.January 1, 2015.

PART III. REVENUE SHARING

§26. Revenue Sharing Fund Section 26.(A) Creation of Fund. The Revenue

Sharing Fund is created as a special fund in the statetreasury.

(B) Annual Allocation. The sum of ninety million

dollars is allocated annually from the state generalfund to the revenue sharing fund. The legislature mayappropriate additional sums to the fund.

(C) Distribution Formula. The revenue sharingfund shall be distributed annually as provided by lawsolely on the basis of population and number ofhomesteads in each parish in proportion to populationand the number of homesteads throughout the state.Unless otherwise provided by law, populationstatistics of the last federal decennial census shall beutilized for this purpose. After deductions in eachparish for retirement systems and commissions asauthorized by law, the remaining funds, to the extentavailable, shall be distributed by first priority to thetax recipient bodies within the parish, as defined bylaw, to offset current losses because of homesteadexemptions granted in this Article. Any balanceremaining in a parish distribution shall be allocated tothe municipalities and tax recipient bodies withineach parish as provided by law.

(D) Distributing Officer. The funds distributed toeach parish as provided in Paragraph (C) shall bedistributed in Orleans Parish by the city treasurer ofNew Orleans and in all other parishes by the parishtax collector. The funds allocated to the Monroe CitySchool Board or its successor shall be distributed toand by the city treasurer of Monroe.

(E) Bonded Debt. A political subdivision, asdefined by Article VI of this constitution, may incurdebt by issuing negotiable bonds and may pledge forthe payment of all or part of the principal and interestof such bonds the proceeds derived or to be derivedfrom that portion of the funds received by it from therevenue sharing fund, to offset current losses causedby homestead exemptions granted by this Article.Unless otherwise provided by law, no moneysallocated within any parish from the balanceremaining in its distribution may be pledged to thepayment of the principal or interest of any bonds.Bonds issued under this Paragraph shall be issued andsold as provided by law, and shall require approval ofthe State Bond Commission or its successor prior toissuance and sale.

PART IV. TRANSPORTATION

§27. Transportation Trust Fund Section 27.(A) Creation of fund. Effective

January 1, 1990, there shall be established in the statetreasury as a special permanent trust fund theTransportation Trust Fund ("the trust fund") in whichshall be deposited the "excess revenues" as definedherein which are a portion of the avails received ineach year from all taxes levied on gasoline and motor



fuels and on special fuels (said avails being referredto as the "revenues") as provided herein. Aftersatisfying pledges respecting that portion of therevenues attributable to the tax rates in effect at thetime of such pledges for the payment of obligationsfor bonds or other evidences of indebtedness on theeffective date of this Section, the treasurer shallallocate such portion of the revenues received in eachyear as necessary to pay all principal, interest,premium, if any, and other obligations incident to theissuance, security, and payment in respect of bonds asauthorized in Paragraph (C) hereof. Thereafter, theportion of the revenues remaining shall be depositedin the Bond Security and Redemption Fund in thestate treasury. After (1) the payment of anyobligations for bonds or other evidences ofindebtedness in existence on the effective date of thisSection which are secured by revenues; (2) paymentsin respect of bonds authorized in Paragraph (C)hereof; and (3) credit to the Bond Security andRedemption Fund, the treasurer shall deposit in andcredit to the trust fund all of the revenues remaining(the "excess revenues") from the avails of all taxeslevied on gasoline and motor fuels and on specialfuels, as follows: for the fiscal year beginning July 1,1989, the avails of twelve cents per gallon of saidtaxes received on and after January 1, 1990; for thefiscal year beginning on July 1, 1990, the avails offourteen cents per gallon of said taxes; for the fiscalyear beginning on July 1, 1991, and thereafter, theavails of all taxes levied on gasoline and motor fuelsand on special fuels. Purchases of gasoline, dieselfuel, or special fuels which are subject to excise taxunder Chapter 7 of Subtitle II of Title 47 of theLouisiana Revised Statutes of 1950 shall be exemptfrom the state sales tax and any sales tax levied by apolitical subdivision as defined by Article VI, Section44(2). All monies appropriated by the FederalHighway Administration and the Federal AviationAdministration, or their successors, either reimbursedor paid directly, shall be paid directly or deposited inand credited to the trust fund.

(B)(1) Except as provided for in Subparagraph(2) of this Paragraph, the monies in the trust fundshall be appropriated or dedicated solely andexclusively for the costs for and associated withconstruction and maintenance of the roads andbridges of the state and federal highway systems, theStatewide Flood-Control Program or its successor,ports, airports, transit, and the Parish TransportationFund or its successor and for the payment of allprincipal, interest, premium, if any, and otherobligations incident to the issuance, security, andpayment in respect of bonds or other obligations

payable from the trust fund as authorized inParagraph (D) of this Section. Unless pledged to therepayment of bonds authorized in Paragraphs (C) or(D) of this Section, the monies in the trust fundallocated to ports, airports, flood control, parishtransportation, and state highway construction shallbe appropriated annually by the legislature onlypursuant to programs established by law whichestablish a system of priorities for the expenditure ofsuch monies, except that the TransportationInfrastructure Model for Economic Development,which shall include only those projects enumerated inHouse Bill 17 of the 1989 First Extraordinary Sessionof the Legislature and US Highway 61 fromThompson Creek to the Mississippi Line, in lieu of"US 61-Bains to Mississippi Line", and US Highway165 from I-10 to Alexandria to Monroe to Bastropand thence on US Highway 425 from Bastrop to theArkansas Line, in lieu of "US 165-I-10 Alexandria-Monroe-Bastrop-Arkansas Line" and LA 15-Natchez,Mississippi to Chase in lieu of "LA 15-Natchez,Mississippi to Monroe", shall be funded as providedby law. The state-generated tax monies appropriatedfor ports, Parish Transportation Fund, or itssuccessor, and the Statewide Flood-Control Program,or its successor shall not exceed twenty percentannually of the state-generated tax revenues in thetrust fund; provided, however, that no less than theavails of one cent of the tax on gasoline and specialfuels shall be appropriated each year to the ParishTransportation Fund, or its successor. The annualappropriation for airports shall be a sum equal to, butnot greater than, the annual estimated revenue to bederived from the state taxes to be collected andreceived on aviation fuel. Unencumbered andunexpended balances at the end of each fiscal yearshall remain in the trust fund. The earnings realized ineach fiscal year on the investment of monies in thetrust fund shall be deposited in and credited to thetrust fund.

(2) There is hereby established in theTransportation Trust Fund a special subfund to beknown as the "Construction Subfund", hereinafterreferred to as "the subfund", in which shall bedeposited the avails of any new taxes that becomeeffective and are levied on gasoline, motor fuels, orspecial fuels on or after July 1, 2017. The monies inthe subfund shall be appropriated and dedicatedsolely for the direct costs associated with actualproject delivery, construction, and maintenance oftransportation and capital transit infrastructureprojects of the state and local government. Themonies in the subfund that are appropriated by thelegislature to the Department of Transportation and



Development, or its successor, shall not be utilized bythe department for the payment of employee wagesand related benefits or employee retirement benefits.

(C) The State Bond Commission or its successor,may issue and sell bonds, notes, or other obligations("Bonds") secured by a pledge of a portion of therevenues not to exceed the avails of four cents pergallon of the taxes on gasoline and motor fuels and onspecial fuels received by the state treasurer. Bonds soissued may also be secured by a pledge of all or aportion of excess revenues as additional securitytherefor, and if so pledged any portion thereof neededto pay principal, interest, or premium, if any, andother obligations incident to the issuance, security,and payment in respect to Bonds may be expended bythe treasurer without the need for legislativeappropriation. The Bonds may be issued in themanner set forth in this Section to provide for thecosts for and associated with construction andmaintenance of the roads and bridges of the state andfederal highway systems, Statewide Flood-ControlProgram, ports, airports, and for any other purposefor which monies in the trust fund may be expendedas provided by law. Such Bonds shall not beconsidered to be debt under Article VII, Section 6,unless the provisions of Article VII, Section 6,relative to incurring debt by the state are met, inwhich case the full faith and credit of the state mayalso be pledged in addition to the revenues receivedby the treasurer.

(D) The State Bond Commission or its successormay also issue and sell bonds, notes, or otherobligations secured by a pledge of the excessrevenues deposited in the trust fund, which shallotherwise be issued in the manner and for thepurposes provided for in this Section, and if sopledged any portion thereof needed to pay principal,interest, or premium, if any, and other obligationsincident to the issuance, security, and payment inrespect thereof may be expended by the treasurerwithout the need for legislative appropriation.

(E) Bonds, notes, or other obligations issuedpursuant to the provisions of Paragraphs (C) or (D)above may be issued in the manner provided byresolution of the State Bond Commission or itssuccessor under the authority of said Paragraphswithout compliance with any other requirement ofthis constitution or law. To that end, said Paragraphs(C) and (D) hereof shall be deemed self-operative.

Acts 1989, No. 847, §1, eff. Jan. 1, 1990; Acts2003, No. 1301, §1, approved Oct. 4 2003, eff. Nov.6, 2003; Acts 2017, No. 429, §1, approved October14, 2017, eff. November 16, 2017; Acts 2018, No.720, §1, approved November 6, 2018, eff. December

12, 2018.*Acts 1989, 1st Ex. Sess., No. 16.

PART V. UNCLAIMED PROPERTY§28. Louisiana Unclaimed Property Permanent

Trust Fund[Effective Date: Text of Section effective

on July 1, 2021.]Section 28.(A) Creation of Fund. (1) Effective

July 1, 2021, there shall be established in the statetreasury as a special permanent trust fund, theLouisiana Unclaimed Property Permanent TrustFund, referred to as the "UCP Permanent TrustFund". No appropriation shall be made from theUCP Permanent Trust Fund.

(2) The purpose of the UCP Permanent TrustFund is to ensure a source of payment for claimsmade by owners of unclaimed property. Afterallocation of money to the Bond Security andRedemption Fund as provided in Article VII, Section9(B) of this Constitution, after the payment of alladministrative fees, costs, and expenses as providedby law, and after the deposit of monies into theUnclaimed Property Leverage Fund, the treasurershall annually deposit in and credit to the UCPPermanent Trust Fund the net amount of all moniesreceived as a result of the Uniform UnclaimedProperty Act of 1997 or its successor.

(3) Realized capital gains, dividend income, andinterest income, earned on the investments in theUCP Permanent Trust Fund, net of trust fundinvestment and administrative expenses, shall bedeposited into the state general fund.

(4) All monies shall be credited to the fund asprovided in Subparagraph (2) of this Paragraph untilthe balance in the UCP Permanent Trust Fundequals the amount of the state's potential liability tounclaimed property claimants as reported in theprevious fiscal year pursuant to Paragraph (C) ofthis Section. All money received above the state'spotential liability to unclaimed property claimants asreported by the state treasurer shall be deposited intothe state general fund.

(B) Investment and Administration. The moneycredited to the UCP Permanent Trust Fund pursuantto Paragraph (A) of this Section shall be permanentlycredited to the UCP Permanent Trust Fund and shallbe invested by the treasurer. Notwithstanding anyprovision of this Constitution to the contrary, aportion of money in the UCP Permanent Trust Fund,not to exceed fifty percent of the money in the UCPPermanent Trust Fund, may be invested in equities.The legislature shall establish by law procedures forthe investment of such monies. The treasurer may


Article VIII - Education

contract, subject to the approval of the State BondCommission, for the management of suchinvestments. Investment earnings shall be availablefor appropriation to pay expenses incurred in theinvestment and management of the UCP PermanentTrust Fund.

(C) Reports; Allocation. (1) Not less than sixtydays prior to the beginning of each regular session ofthe legislature, the state treasurer shall submit to thelegislature and the governor a report of thefollowing:

(a) The balance of the UCP Permanent TrustFund as of the close of the prior fiscal year.

(b) The state's potential liability to unclaimedproperty claimants as of the close of the prior fiscalyear.

(2) Notwithstanding the provisions ofSubparagraph (1) of this Paragraph, not less thansixty days prior to the beginning of the 2022 RegularSession of the Legislature, the state treasurer shallsubmit to the legislature and the governor a report ofthe following:

(a) The balance of the UCP Permanent TrustFund as of January 1, 2022.

(b) The state's potential liability to unclaimedproperty claimants as of the close of the prior fiscalyear.

(3) If unclaimed property claims exceed receipts,the state treasurer shall certify the amount needed topay received claims and shall allocate sufficientfunds from the UCP Permanent Trust Fund to paythat amount. The state treasurer shall alsoimmediately notify the legislature and governor ofthe amount transferred from the UCP PermanentTrust Fund and amount remaining in the UCPPermanent Trust Fund.

(D) Private Property. Property received by thestate pursuant to the Uniform Unclaimed PropertyAct of 1997 or its successor and deposited into theUCP Permanent Trust Fund is private property heldin trust until a claim is made for it by the owner.

Added by Acts 2020 1st Ex. Sess., No. 38, §1,approved by voters on November 3, 2020, effectiveJuly 1, 2021.

ARTICLE VIII.EDUCATION

PREAMBLEThe goal of the public educational system is to

provide learning environments and experiences, at allstages of human development, that are humane, just,and designed 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 for the

education of the people of the state and shall establishand maintain a public educational system.

§2. State Superintendent of Education Section 2. There shall be a superintendent of

education for public elementary and secondaryeducation who, subject to provisions for appointmentin lieu of election set forth in Article IV, Section 20,of this constitution, shall be elected for a term of fouryears. If the office is made appointive, the StateBoard of Elementary and Secondary Education shallmake the appointment. He shall be the administrativehead of the Department of Education and shallimplement the policies of the State Board ofElementary and Secondary Education and the lawsaffecting schools under its jurisdiction. Thequalifications and other powers, functions, duties, andresponsibilities of the superintendent shall beprovided by law.

§3. State Board of Elementary and SecondaryEducation

Section 3.(A) Creation; Functions. The StateBoard of Elementary and Secondary Education iscreated as a body corporate. It shall supervise andcontrol the public elementary and secondary schoolsand special schools under its jurisdiction and shallhave budgetary responsibility for all fundsappropriated or allocated by the state for thoseschools, all as provided by law. The board shall haveother powers, duties, and responsibilities as providedby this constitution or by law, but shall have nocontrol over the business affairs of a city, parish, orother local public school board or the selection orremoval of its officers and employees; however, theboard shall have the power to supervise, manage, andoperate or provide for the supervision, management,and operation of a public elementary or secondaryschool which has been determined to be failing,including the power to receive, control, and expendstate funds appropriated and allocated pursuant to



Section 13(B) of this Article, any local contributionrequired by Section 13 of this Article, and any otherlocal revenue available to a school board withresponsibility for a school determined to be failing inamounts that are calculated based on the number ofstudents in attendance in such a school, all in themanner provided by and in accordance with law.

(B)(1) Membership; Terms. The board shallconsist of eleven members, eight of whom shall beelected from single-member districts, which shall bedetermined as provided by law, and three of whomshall be appointed by the governor from the state atlarge, with consent of the Senate. Members shallserve terms of four years, which shall be concurrentwith the term of the governor.

(2) No person who has served as a member of theboard for more than two and one-half terms in threeconsecutive terms shall be elected or appointed to theboard for the succeeding term. This Subparagraphshall not apply to any person elected or appointed tothe board prior to the effective date of thisSubparagraph, except that it shall apply to any termof service of any such person that begins after suchdate.

(C) Vacancy. A vacancy in the office of anelected member, if the remaining portion of the termis more than one year, shall be filled for theremainder of the term by election, as provided by law.Other vacancies shall be filled for the remainder ofthe term by appointment by the governor.

Amended by Acts 1979, No. 800, §1, approvedOct. 27, 1979, eff. Dec. 1, 1979; Acts 1998 1st. Ex.Sess., No. 170, §1, approved Oct. 3, 1998, eff. Nov. 5,1998; Acts 2003, No. 1293, §1, approved Oct. 4,2003, eff. Nov. 6, 2003; Acts 2008, No. 935, §1,approved Nov. 4, 2008, eff. Dec. 8, 2008.

§4. Approval of Private SchoolsSection 4. Upon application by a private

elementary, secondary, or proprietary school with asustained curriculum or specialized course of study ofquality at least equal to that prescribed for similarpublic schools, the State Board of Elementary andSecondary Education shall approve the privateschool. A certificate issued by an approved privateschool shall carry the same privileges as one issuedby a state public school.

§5. Board of RegentsSection 5.(A) Creation; Functions. The Board of

Regents is created as a body corporate. It shall plan,coordinate, and have budgetary responsibility for allpublic postsecondary education and shall have otherpowers, duties, and responsibilities provided in this

Section or by law.(B)(1) Membership; Terms. The board shall be

composed of fifteen members, of whom two membersshall be from each congressional district and theremaining member or members shall be from the stateat large appointed by the governor, with consent ofthe Senate, for overlapping terms of six years,following initial terms which shall be fixed by law.The board should be representative of the state'spopulation by race and gender to ensure diversity.

(2) No person who has served as a member of theboard for more than two and one-half terms in threeconsecutive terms shall be appointed to the board forthe succeeding term. This Subparagraph shall notapply to any person appointed to the board prior tothe effective date of this Subparagraph, except that itshall apply to any term of service of any such personthat begins after such date.

(C) Vacancy. A vacancy occurring prior to theexpiration of a term shall be filled for the remainderof the unexpired term by appointment by thegovernor, with consent of the Senate.

(D) Powers. The Board of Regents shall meetwith the State Board of Elementary and SecondaryEducation at least twice a year to coordinateprograms of public elementary, secondary,vocational-technical, career, and higher education.The Board of Regents shall have the followingpowers, duties, and responsibilities relating to publicinstitutions of postsecondary education:

(1) To revise or eliminate an existing degreeprogram, department of instruction, division, orsimilar subdivision.

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

(3)(a) To study the need for and feasibility ofcreating a new institution of postsecondary education,which includes establishing a branch of such aninstitution or converting any non-degree grantinginstitution to an institution which grants degrees orconverting any college or university which is limitedto offering degrees of a lower rank than baccalaureateto a college or university that offers baccalaureatedegrees or merging any institution of postsecondaryeducation into any other institution of postsecondaryeducation, establishing a new management board, andtransferring a college or university from one board toanother.

(b) If the creation of a new institution, the mergerof any institutions, the addition of anothermanagement board, or the transfer of an existinginstitution of higher education from one board toanother is proposed, the Board of Regents shall report



its written findings and recommendations to thelegislature within one year. Only after the report hasbeen filed, or after one year from the receipt of arequest for a report from the legislature if no report isfiled, may the legislature take affirmative action onsuch a proposal and then only by law enacted by two-thirds of the elected members of each house.

(4) To formulate and make timely revision of amaster plan for postsecondary education. As aminimum, the plan shall include a formula forequitable distribution of funds to the institutions ofpostsecondary education.

(5) To require that every postsecondaryeducation board submit to it, at a time it specifies, anannual budget proposal for operational needs and forcapital needs of each institution under the control ofeach board. The Board of Regents shall submit itsbudget recommendations for all institutions ofpostsecondary education in the state. It shallrecommend priorities for capital construction andimprovements.

(E) Powers Not Vested. Powers of managementover public institutions of postsecondary educationnot specifically vested by this Section in the Board ofRegents are reserved to the Board of Supervisors ofLouisiana State University and Agricultural andMechanical College, the Board of Supervisors ofSouthern University and Agricultural and MechanicalCollege, the Board of Trustees for State Colleges andUniversities, the Board of Supervisors of Communityand Technical Colleges, and any other such boardcreated pursuant to this Article, as to the institutionsunder the control of each.

Acts 1998, 1st Ex. Sess., No. 169, §1, approvedOct. 3, 1998, eff. Dec. 10, 1998; Acts 1998, 1st Ex.Sess., No. 170, §1, approved Oct. 3, 1998, eff. Nov. 5,1998; Acts 2008, No. 935, §1, approved November 4,2008, effective December 8, 2008; Acts 2012, No.870, §1, approved November 6, 2012, effectiveDecember 10, 2012.

§6. Board of Supervisors for the University ofLouisiana System

Section 6.(A) Creation; Functions. The Board ofSupervisors for the University of Louisiana System iscreated as a body corporate. Subject to powers vestedby this Article in the Board of Regents, it shall havesupervision and management of state colleges anduniversities not managed by a higher education boardcreated by or under this Article.

(B)(1) Membership; Terms. The board shall becomposed of fifteen members, of whom two membersshall be from each congressional district and theremaining member or members shall be from the state

at large, appointed by the governor with consent ofthe Senate. The members shall serve overlappingterms of six years, following initial terms fixed bylaw.


(C) Vacancy. A vacancy occurring prior to theexpiration of a term shall be filled for the remainderof the unexpired term by appointment by thegovernor, with consent of the Senate.

Acts 1998, 1st Ex. Sess., No. 168, §1, approvedOct. 3, 1998, eff. Dec. 10, 1998; Acts 2008, No. 935,§1, approved November 4, 2008, effective December8, 2008; Acts 2012, No. 870, §1, approved November6, 2012, effective December 10, 2012.

§7. Board of Supervisors of Louisiana StateUniversity and Agricultural andMechanical College; Board ofSupervisors of Southern University andAgricultural and Mechanical College

Section 7.(A) Creation; Powers. The Board ofSupervisors of Louisiana State University andAgricultural and Mechanical College and the Boardof Supervisors of Southern University andAgricultural and Mechanical College are created asbodies corporate. Subject to powers vested by thisArticle in the Board of Regents, each shall superviseand manage the institutions, statewide agriculturalprograms, and other programs administered throughits system.

(B)(1) Membership; Terms. Each board shall becomposed of fifteen members, of whom two membersshall be from each congressional district and theremaining member or members shall be from the stateat large, appointed by the governor with consent ofthe Senate. The members shall serve overlappingterms of six years, following initial terms fixed bylaw.

(2) No person who has served as a member ofeither board for more than two and one-half terms inthree consecutive terms shall be appointed to theboard for the succeeding term. This Subparagraphshall not apply to any person appointed to eitherboard prior to the effective date of this Subparagraph,except that it shall apply to any term of service of anysuch person that begins after such date.

(C) Vacancy. A vacancy occurring prior to the



expiration of a term shall be filled for the remainderof the unexpired term by appointment by thegovernor, with consent of the Senate.

Amended by Acts 2008, No. 935, §1, approvedNovember 4, 2008, effective December 8, 2008; Acts2012, No. 870, §1, approved November 6, 2012,effective December 10, 2012.

§7.1. Board of Supervisors of Community andTechnical Colleges

Section 7.1.(A) Creation; Powers; Institutions;Divisions. (1) The Board of Supervisors ofCommunity and Technical Colleges is created as abody corporate to manage the Louisiana Communityand Technical College System subject to powersvested by this Article in the Board of Regents. Thesystem shall include all programs of publicpostsecondary vocational-technical training, and, asprovided by law, institutions of higher educationwhich offer associate degrees but not baccalaureatedegrees and such programs and institutions shall besupervised and managed by the board. The systemshall be comprised of two divisions, the vocational-technical division which shall include all publicpostsecondary vocational-technical schools and thecommunity college division which shall include thecommunity colleges in the system.

(2) All public institutions which exclusively orpredominantly provide programs of postsecondaryvocational-technical education shall be under thejurisdiction of the Board of Supervisors ofCommunity and Technical Colleges. Such institutionsmay not be transferred from the LouisianaCommunity and Technical College System.

(3) The provision of any program subject to thesupervision and management of and offered at anyinstitution under the jurisdiction of the Board ofSupervisors of Community and Technical Collegeswhich is not a degree program shall require noapproval beyond that of the Board of Supervisors ofCommunity and Technical Colleges.

(B)(1) Membership; Terms; Initial Membershipand Terms. The board shall be composed of fifteenmembers appointed by the governor, as provided bylaw. In addition, the board shall have two studentmembers as provided by law. All members selectedand appointed by the governor shall be appointedwith the consent of the Senate. Of those membersselected and appointed by the governor, there shall betwo members from each congressional district and theremaining member or members from the state atlarge. The board should be representative of thestate's population by race and gender to ensurediversity. The members selected and appointed by the

governor shall serve terms of six years, except thatthe initial members shall serve terms as provided bylaw.


(C) Vacancy. A vacancy occurring prior to theexpiration of a term of a member selected andappointed by the governor shall be filled for theremainder of the unexpired term by appointment bythe governor, with consent of the Senate. Any othervacancy shall be filled as provided by law.

(D) Transitional Funding. Appropriationsannually from the state general fund for Fiscal Years1999-2000, 2000-2001, and 2001-2002, for thoseinstitutions of higher education supervised andmanaged in 1998 by each of the management boardsof higher education, that is the Board of Supervisorsof Louisiana State University and Agricultural andMechanical College, the Board of Supervisors ofSouthern University and Agricultural and MechanicalCollege, and the Board of Trustees for State Collegesand Universities, respectively, shall be no less thanthe appropriations from the state general fund inFiscal Year 1998-1999 for those same institutions ofhigher education regardless of their managementboards. Appropriations annually from the stategeneral fund for Fiscal Years 1999-2000, 2000-2001,and 2001-2002, for those institutions in the LouisianaCommunity and Technical College System shall beno less than the state general fund appropriations inFiscal Year 1998-1999 for those same institutionsregardless of their management boards.Appropriations annually from the state general fundfor Fiscal Years 1999-2000, 2000-2001, and 2001-2002, for postsecondary vocational-technicaleducation shall be no less than the total of allappropriations for such purpose from the state generalfund for Fiscal Year 1998-1999. The provisions ofthis Paragraph shall be null and void for any suchfiscal year in which state general fund revenues areless than the state general fund revenues of FiscalYear 1998-1999 as determined by the RevenueEstimating Conference.

(E) The transfer of any institution of highereducation to the Louisiana Community and TechnicalCollege System effected on July 1, 1999, pursuant tothis Section shall not change the mission of oradversely affect the accreditation of such institution.



Acts 1998, 1st Ex. Sess., No. 170, §1, approvedOct. 3, 1998, eff. Nov. 5, 1998; Acts 2008, No. 935,§1, approved November 4, 2008, effective December8, 2008.

§8. Boards; Membership; Compensation;Congressional District Member

Section 8.(A) Dual Membership. No person shallbe eligible to serve simultaneously on more than oneboard created by or pursuant to this Article.

(B) Student Membership. The legislature mayprovide for the membership of one student on theboards created by Sections 5, 6 and 7 of this Article.The term of a student member shall not exceed oneyear, and no student member shall be eligible tosucceed himself. A student member shall have all ofthe privileges and rights of other board members.

(C) Compensation. A member of a board createdby or pursuant to this Article shall serve without pay,but per diem and expenses may be provided by law.

(D) Congressional District Members. In orderto implement the provisions of Subparagraphs5(B)(1), 6(B)(1), 7(B)(1), and 7.1(B)(1) of thisArticle, beginning on January 3, 2013, and beginningevery ten years thereafter on the day the members ofcongress from newly reapportioned congressionaldistricts take office, any vacancy that occurs on therespective board from a congressional district fromwhich there are two or more board members shall befilled by appointment of an individual from acongressional district from which there are less thantwo members. After the membership includes twomembers from each congressional district, the nextvacancy shall be filled by an appointment from thestate at large.

Amended by Acts 1980, No. 842, §1, approvedNov. 4, 1980, eff. Dec. 9, 1980; Acts 2012, No. 870,§1, approved November 6, 2012, effective December10, 2012.

§9. Parish School Boards; Parish SuperintendentsSection 9.(A) Boards. The legislature shall create

parish school boards and provide for the election oftheir members.

(B) Superintendents. Each parish board shallelect a superintendent of parish schools. The StateBoard of Elementary and Secondary Education shallfix the qualifications and prescribe the duties of theparish superintendent. He need not be a resident ofthe parish in which he serves.

§10. Existing Boards and Systems Recognized;Consolidation

Section 10.(A) Recognition. Parish and cityschool board systems in existence on the effectivedate of this constitution are recognized, subject tocontrol and supervision by the State Board ofElementary and Secondary Education and the powerof the legislature to enact laws affecting them.

(B) Ouachita Parish and Monroe City SchoolSystems; Board Membership. Only persons residingwithin the jurisdiction of the Monroe City SchoolBoard shall be eligible to vote for or be members ofthe Monroe City School Board. Only persons residingin that portion of Ouachita Parish outside thejurisdiction of the Monroe City School Board shall beeligible to vote for or be members of the OuachitaParish School Board. The position of a member ofeither board shall be vacated when he no longersatisfies the requirements of this Paragraph.Notwithstanding any contrary provision of thisconstitution, this Paragraph shall become operativeupon the election of members to the Ouachita ParishSchool Board taking office in 1977 or upon the firstreapportionment affecting the Ouachita Parish SchoolBoard, whichever occurs earlier.

(C) Consolidation. Subject to approval by amajority of the electors voting, in each systemaffected, in an election held for that purpose, any twoor more school systems may be consolidated asprovided by law.

§11. Appropriations; State Boards Section 11. The legislature shall appropriate

funds for the operating and administrative expensesof the state boards created by or pursuant to thisArticle.

§12. Appropriations; Higher Education Section 12. Appropriations for the institutions of

higher education shall be made to their managingboards. The funds appropriated shall be administeredby the managing boards and used solely as providedby law.

§13. Funding; Apportionment Section 13.(A) Free School Books. The

legislature shall appropriate funds to supply freeschool books and other materials of instructionprescribed by the State Board of Elementary andSecondary Education to the children of this state atthe elementary and secondary levels.

(B) Minimum Foundation Program. The StateBoard of Elementary and Secondary Education, or itssuccessor, shall annually develop and adopt a formula



which shall be used to determine the cost of aminimum foundation program of education in allpublic elementary and secondary schools as well as toequitably allocate the funds to parish and city schoolsystems. Such formula shall provide for acontribution by every city and parish school system.Prior to approval of the formula by the legislature, thelegislature may return the formula adopted by theboard to the board and may recommend to the boardan amended formula for consideration by the boardand submission to the legislature for approval. Thelegislature shall annually appropriate funds sufficientto fully fund the current cost to the state of such aprogram as determined by applying the approvedformula in order to insure a minimum foundation ofeducation in all public elementary and secondaryschools. Neither the governor nor the legislature mayreduce such appropriation, except that the governormay reduce such appropriation using means providedin the act containing the appropriation provided thatany such reduction is consented to in writing bytwo-thirds of the elected members of each house ofthe legislature. The funds appropriated shall beequitably allocated to parish and city school systemsaccording to the formula as adopted by the StateBoard of Elementary and Secondary Education, or itssuccessor, and approved by the legislature prior tomaking the appropriation. Whenever the legislaturefails to approve the formula most recently adopted bythe board, or its successor, the last formula adoptedby the board, or its successor, and approved by thelegislature shall be used for the determination of thecost of the minimum foundation program and for theallocation of funds appropriated.

(C) Local Funds. Local funds for the support ofelementary and secondary schools shall be derivedfrom the following sources:

First: Each parish school board, Orleans Parishexcepted, and each municipality or city school boardactually operating, maintaining, or supporting aseparate system of public schools, shall levy annuallyan ad valorem maintenance tax not to exceed fivemills on the dollar of assessed valuation on propertysubject to such taxation within the parish or city,respectively.

Second: The Orleans Parish School Board shalllevy annually a tax not to exceed thirteen mills on thedollar of the assessed valuation of property within thecity of New Orleans assessed for city taxation, andshall certify the amount of the tax to the governingauthority of the city. The governing authority shallhave the tax entered on city tax rolls. The tax shall becollected in the manner, under the conditions, andwith the interest and penalties prescribed by law for

city taxes. The money thus collected shall be paiddaily to the Orleans Parish School Board.

Third: For giving additional support to publicelementary and secondary schools, any parish, schooldistrict, or subschool district, or any municipality orcity school board which supports a separate citysystem of public schools may levy an ad valorem taxfor a specific purpose, when authorized by a majorityof the electors voting in the parish, municipality,district, or subdistrict in an election held for thatpurpose. The amount, duration, and purpose of thetax shall be in accord with any limitation imposed bythe legislature.

(D)(1) Municipal and Other School Systems. Forthe effects and purposes of this Section, the Centralcommunity school system and the Zacharycommunity school system in East Baton RougeParish, and the municipalities of Baker in East BatonRouge Parish, Monroe in Ouachita Parish, andBogalusa in Washington Parish, and no others, shallbe regarded and treated as parishes and shall have theauthority granted parishes. Consistent with ArticleVIII of this constitution, relevant to equal educationalopportunities, no state dollars shall be used todiscriminate or to have the effect of discriminating inproviding equal educational opportunity for allstudents.

(2) Notwithstanding Article III, Sections 12 and13 and any other provision of this Constitution, in anysession of the legislature in which a school system isproposed to be removed from the provisions of thisParagraph including any such proposal effective atthe same time as this Subparagraph, the legislaturemay by law, the effectiveness of which depends onthe passage and adoption by the people of suchproposition, eliminate any or all relevant statutoryprovisions without regard to the requirements of suchSections.

Amended by Acts 1987, No. 948, §1, eff. Dec. 24,1987; Acts 1995, No. 1323, §1, approved Oct. 21,1995, eff. Nov. 23, 1995; Acts 1999, No. 1399, §1,approved Oct. 23, 1999, eff. Nov. 25, 1999; Acts1999, No. 1403, §1, approved Nov. 20, 1999, eff.Dec. 27, 1999; Acts 2006, No. 861, §1, approvedNov. 7, 2006, eff. Dec. 11, 2006.

§14. Tulane University Section 14. The Tulane University of Louisiana

in New Orleans is recognized as created and to bedeveloped in accordance with Act No. 43 approvedJuly 5, 1884.


Article IX - Natural Resources

§15. Members of State Board of Elementary andSecondary Education; beginning and endof terms

Section 15. In order to effectuate the terms ofoffice as provided in Article VIII, Section 3(B), thesuccessors in office to the elected members whoseterms end in 1980 and 1982 shall be elected for termswhich shall end at noon on the second Monday inMarch in 1984, and thereafter the successors in officeto those members shall be elected and shall takeoffice at the same time as the governor. The successorin office to the elected member whose term ends in1984 shall be elected for a term which shall end atnoon on the second Monday in March in 1988, andthereafter the successor in office to that member shallbe elected and shall take office at the same time as thegovernor. The successors in office to the appointedmembers whose terms end in 1980 and 1982 shall beappointed for terms which shall end at noon on thesecond Monday in March in 1984, and thereafter thesuccessors in office to those members shall beappointed for terms which shall be concurrent withthe term of the governor making the appointment.The successor in office to the appointed memberwhose term ends in 1984 shall be appointed for aterm which shall end at noon on the second Mondayin March in 1988, and thereafter the successors inoffice to that member shall be appointed for termswhich shall be concurrent with the term of thegovernor making the appointment.

Added by Acts 1979, No. 800, §1, approved Oct.27, 1979, eff. Dec. 1, 1979.

§16. Public HospitalsSection 16. Notwithstanding any provision of this

Article to the contrary, the legislature may provide bylaw for the supervision, operation, and managementof public hospitals and their programs by the Boardof Regents or by any board having powers ofmanagement over public institutions of highereducation created by this constitution or pursuant tothis Article. Such laws may include but shall not belimited to laws providing for the submission andapproval of capital and operating budgets,appropriations and expenditures, the supervision,management, and oversight of the hospitals and theirprograms, and legislative review and disapproval ofrelated rules. This Section shall not apply toinstitutions and programs operated or managed priorto January 1, 1997, by any higher educationmanagement board created by this Article.


ARTICLE IX.NATURAL RESOURCES

§1. Natural Resources and Environment; PublicPolicy

Section 1. The natural resources of the state,including air and water, and the healthful, scenic,historic, and esthetic quality of the environment shallbe protected, conserved, and replenished insofar aspossible and consistent with the health, safety, andwelfare of the people. The legislature shall enact lawsto implement this policy.

§2. Natural Gas Section 2.(A) Public Policy; Regulation. Natural

gas is declared to be affected with a public interest.Notwithstanding any provision of this constitutionrelative to the powers and duties of the Public ServiceCommission, the legislature shall provide by law forregulation of natural gas by the regulatory authority itdesignates. It may designate the Public ServiceCommission as the regulatory authority.

(B) Pipelines. No intrastate natural gas pipelineor gas gathering line shall be connected with aninterstate natural gas pipeline, and no interstatenatural gas pipeline shall be connected with anintrastate natural gas pipeline, without a certificate ofpublic convenience and necessity issued as providedby law after application for the connection andhearing thereon.

§3. Alienation of Water Bottoms Section 3. The legislature shall neither alienate

nor authorize the alienation of the bed of a navigablewater body, except for purposes of reclamation by theriparian owner to recover land lost through erosion.This Section shall not prevent the leasing of statelands or water bottoms for mineral or other purposes.Except as provided in this Section, the bed of anavigable water body may be reclaimed only forpublic use.

§4. Reservation of Mineral Rights; PrescriptionSection 4.(A) Reservation of Mineral Rights. The

mineral rights on property sold by the state shall bereserved, except when the owner or person having theright to redeem buys or redeems property sold oradjudicated to the state for taxes. The mineral rightson land, contiguous to and abutting navigablewaterbottoms reclaimed by the state through theimplementation and construction of coastalrestoration projects shall be reserved, except whenthe state and the landowner having the right toreclaim or recover the land have agreed to the



disposition of mineral rights, in accordance with theconditions and procedures provided by law.

(B) Prescription. Lands and mineral interests ofthe state, of a school board, or of a levee district shallnot be lost by prescription except as authorized inParagraph C.

(C) Exception. The legislature by act may directthe appropriate parish authority in Terrebonne Parishto transfer title and ownership as to certain lands nearBayou Dularge in Section 16 of Township 20 South,Range 16 East, which due to an error in the originalgovernmental survey completed around 1838 untilrecently were thought to be within Section 9, to thosepersons who have possessed the property under goodfaith and just title for a minimum of ten years or tothose who have acquired from them, reserving themineral rights as just and sole compensation for thetransfer. Consistent with the provisions of ArticleXIII, Section 3, the notice requirements of Article III,Section 13 are satisfied for an act passed as acompanion to the act setting forth this Paragraph.

Acts 1992, No. 1142, §1, eff. Nov. 5, 1992; Acts1995, No. 1332, §1, approved Oct. 21, 1995, eff. Nov.23, 1995.

§5. Public Notice; Public Bidding Requirements Section 5. No conveyance, lease, royalty

agreement, or unitization agreement involvingminerals or mineral rights owned by the state shall beconfected without prior public notice or publicbidding as shall be provided by law.

§6. Tidelands Ownership Section 6. Revenues and royalties obtained from

minerals located beyond the seaward boundary of thestate belong to the state.

§7. Wildlife and Fisheries CommissionSection 7.(A) Members; Terms. The control and

supervision of the wildlife of the state, including allaquatic life, is vested in the Louisiana Wildlife andFisheries Commission. The commission shall be inthe executive branch and shall consist of sevenmembers appointed by the governor, subject toconfirmation by the Senate. Six members shall serveoverlapping terms of six years, and one member shallserve a term concurrent with that of the governor.Three members shall be electors of the coastalparishes and representatives of the commercialfishing and fur industries, and four shall be electorsfrom the state at large other than representatives ofthe commercial fishing and fur industries, as providedby law. No member who has served six years or moreshall be eligible for reappointment.

(B) Duties; Compensation. The functions, duties,and responsibilities of the commission, and thecompensation of its members, shall be provided bylaw.

§8. Forestry Section 8.(A) Forestry; Acreage Taxes. Forestry

shall be practiced in the state, and the legislature mayenact laws therefor. It may authorize parish governingauthorities to levy acreage taxes, not to exceed twocents per acre, for the purposes of this Section. Theprovisions of this constitution exempting homesteadsfrom taxation shall apply to forestry acreage taxes.

(B)(1) Forestry Commission. The practice offorestry is placed under the Louisiana ForestryCommission. The commission shall be in theexecutive branch and shall consist of seven members.The head of the Department of Forestry at LouisianaState University and Agricultural and MechanicalCollege and the director of the Wildlife and FisheriesCommission shall serve ex officio as members. Thegovernor shall appoint the remaining five members,subject to confirmation by the Senate, for overlappingterms of five years, as provided by law.

(2) No person who has served as an appointedmember of the commission for more than two andone-half terms in three consecutive terms shall beappointed to the commission for the succeeding term.This Subparagraph shall not apply to any personappointed to the commission prior to the effectivedate of this Subparagraph, except that it shall apply toany term of service of any such person that beginsafter such date.

(C) State Forester. The commission shall appointa state forester. He shall be a graduate of anaccredited school of forestry and have at least fouryears of forestry experience, as provided by law.


§9. First Use Tax Trust Fund [Unconstitutional - See Note in West]

Section 9.(A)(1) Creation. The First Use TaxTrust Fund is hereby created and established in thestate treasury as a special and irrevocable trust fundfor the deposit of the proceeds, and interest derivedtherefrom, of the first use tax imposed by law in 1978or thereafter and any other tax imposed by law whichwould have the effect of imposing any new oralternative tax on uses of those resources subject tothe tax levied by the first use tax. The treasurer shallpay into the state general fund, from the totalproceeds of the first use tax, as imposed by law in1978 or thereafter such amounts as are necessary to



fully reimburse the state general fund for tax creditsgranted in 1978 against that tax pursuant to Part I-Bof Chapter 6 of Title 47 of the Louisiana RevisedStatutes. The remainder of such tax proceeds shall becredited to the following accounts within the FirstUse Tax Trust Fund and shall not be deposited intothe Bond Security and Redemption Fund or thegeneral fund.

(2) Distribution; debt accounts. Seventy-fivepercent of the proceeds, and interest derivedtherefrom, shall be deposited into the followingaccounts:

(a) Initial Proceeds Account. From this portionof the initial proceeds of the tax, the sum of fivehundred million dollars shall be maintained in anaccount within the First Use Tax Trust Fund in thestate treasury to be known as the "Initial ProceedsAccount". Monies in the Initial Proceeds Accountshall be invested, and the investment earnings shallaccrue to that account. Except for investment andexcept as provided in Paragraph (C), monies ondeposit in the Initial Proceeds Account shall not beused. If the balance of the Initial Proceeds Accountat any time is less than five hundred million dollars,then an amount from the next proceeds of the taxshall be credited to the Initial Proceeds Account untilthere is a balance therein of five hundred milliondollars.

(b) Debt Retirement and Redemption Account.All proceeds of this portion of the tax over and abovethe amount required to be maintained in the InitialProceeds Account shall be maintained in an accountin the First Use Tax Trust Fund to be known as the"Debt Retirement and Redemption Account". Moniesin the Debt Retirement and Redemption Accountshall be invested and the investment earnings shallaccrue to that account. Except for investment, monieson deposit in the Debt Retirement and RedemptionAccount shall be used only to purchase, in advanceof maturity, on the open market any outstandingobligations of the state, or to call, pay or redeem inadvance of maturity any outstanding bonds, notes orother evidence of state debt, or both. No purchase orredemption of state debt shall occur with the moniesunless the purchase or redemption results in interestsavings to the state. The methods used for retiringsuch future debt shall be determined by the statetreasurer, with concurrence of two-thirds of themembers of the State Bond Commission acting inopen session.

(3) Distribution; conservation account.Twenty-five percent of the proceeds, and interestderived therefrom, shall be deposited into thefollowing account:

(a) Barrier Islands Conservation Account.Twenty-five percent of the proceeds of the tax shallbe maintained in an account in the First Use TaxTrust Fund to be known as the "Barrier IslandsConservation Account". Monies in the BarrierIslands Conservation Account shall be invested andthe investment earnings shall accrue to that account.Except for investment, monies on deposit in theBarrier Islands Conservation Account shall be usedexclusively to fund capital improvement projectsdesigned to conserve, preserve and maintain thebarrier islands, reefs, and shores of the coastline ofLouisiana. Only such capital improvementscontained in the comprehensive capital budgetadopted by the legislature each year shall be funded.

(B) Investments. The state treasurer shall investall monies on deposit in the accounts establishedunder Paragraph (A) in accordance with the lawgoverning the investment of idle funds of the state.

(C) Use of Investment Earnings of InitialProceeds Account. If in the judgment of the statetreasurer the best interest of the state would beserved, and only if the Debt Retirement andRedemption Account is depleted or otherwise notfunded, the treasurer may, with concurrence oftwo-thirds of the members of the State BondCommission, acting in open session, expend theinvestment earnings which have accrued in excess offive hundred million dollars in the Initial ProceedsAccount for any purpose for which the DebtRetirement and Redemption Account may be used.

(D) The funds deposited in the First Use TaxTrust Fund shall be considered escrowed and shallnot be used for the purposes enumerated herein untilthe proceeds of the first use tax are determined to beavailable for such uses by the treasurer withconcurrence of two-thirds of the members of the StateBond Commission, acting in open session. During thetime these funds are escrowed such funds may beordered remitted upon final action by a court of lastresort, with the interest earned thereon, as providedby law, if the tax is held to be invalid as to anytaxpayer who has paid the tax.

Added by Acts 1978, No. 797, §1, approved Nov.7, 1978, eff. Dec. 12, 1978.NOTE: R. S. 47:1301, et seq. imposing a "first usetax" declared unconstitutional, see Maryland v.Louisiana, 1981, 101 S. Ct. 2114, 451 U.S. 725, 68 L.Ed.2d 576.


Article X - Public Officials and Employees

§10. Louisiana Investment Fund for Enhancement Section 10.(A) The Louisiana Investment Fund

for Enhancement is established as a special fund inthe state treasury. All revenues received by the statefrom the production of oil and gas within the stateshall be deposited in the state treasury and credited tothe Bond Security and Redemption Fund inaccordance with the provisions of Article VII, Section9, and shall be remitted to the political subdivisionsof the state pursuant to Article VII, Section 4. In eachfiscal year out of the funds remaining in the BondSecurity and Redemption Fund, after a sufficientamount has been allocated for the payment ofobligations secured by the full faith and credit of thestate which become due and payable within the fiscalyear, the treasurer shall credit an amount equal to thewindfall revenues from oil and gas price deregulationto the Louisiana Investment Fund for Enhancement.

(B) As used in this Section, "windfall revenuesfrom oil and gas price deregulation" means thoserevenues received by the state in a fiscal year whichare in excess of the base for that particular fiscal year,as calculated in accordance with this Paragraph. Thebase for fiscal year 1981-1982 shall be the estimatedlevel of collections for oil, gas, and other severancetaxes and from oil and gas production royalties infiscal year 1980-1981, which for the purposes hereofshall be one billion eighty-five million dollars,calculated as follows:

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

(2) Three hundred twenty-five million dollarsfrom oil and gas royalty payments, excluding bonusesand rentals.

In each subsequent fiscal year, the state treasurershall calculate the windfall revenues from oil and gasprice deregulation for that fiscal year by determininga new base as follows: The base for the previousfiscal year shall be multiplied by the most recentannual change in the consumer price index and thenthe product shall be added to the base for the previousfiscal year.

(C) The state treasurer shall invest the monies inthe Louisiana Investment Fund for Enhancement inthe manner provided by law. Interest from theinvestment shall be credited to the general fund.

(D) Monies credited to the Louisiana InvestmentFund for Enhancement may be expended onlypursuant to an appropriation enacted by the vote oftwo-thirds of the elected members of each house ofthe legislature.

(E) The legislature shall have the authority toenact any legislation with regard to the LouisianaInvestment Fund for Enhancement not inconsistent

with the provisions of this Section.Added by Acts 1983, No. 730, §1, approved Oct.

22, 1983, eff. Nov. 23, 1983.

ARTICLE X.PUBLIC OFFICIALS AND

EMPLOYEES

PART I. STATE AND CITYCIVIL SERVICE

§1. Civil Service Systems Section 1.(A) State Civil Service. The state civil

service is established and includes all persons holdingoffices and positions of trust or employment in theemploy of the state, or any instrumentality thereof,and any joint state and federal agency, joint state andparochial agency, or joint state and municipal agency,regardless of the source of the funds used to pay forsuch employment. It shall not include members of thestate police service as provided in Part IV of thisArticle or persons holding offices and positions ofany municipal board of health or local governmentalsubdivision.

(B) City Civil Service. The city civil service isestablished and includes all persons holding officesand positions of trust or employment in the employ ofeach city having over four hundred thousandpopulation and in every instrumentality thereof.However, paid firemen and municipal policemen maybe excluded if a majority of the electors in theaffected city voting at an election held for thatpurpose approve their exclusion. The election shall becalled by the municipal governing authority withinone year after the effective date of this constitution.

Amended by Acts 1990, No. 1106, §1, approvedOct. 6, 1990, eff. Jan. 1, 1991.

§2. Classified and Unclassified Service Section 2.(A) Classified Service. The state and

city civil service is divided into the unclassified andthe classified service. Persons not included in theunclassified service are in the classified service.

(B) Unclassified Service. The unclassifiedservice shall include the following officers andemployees in the state and city civil service:

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

(2) the heads of each principal executivedepartment appointed by the governor, the mayor, orthe governing authority of a city;

(3) city attorneys; (4) registrars of voters;



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

(6) one private secretary to the president of eachcollege or university;

(7) one person holding a confidential positionand one principal assistant or deputy to any officer,board, commission, or authority mentioned in (1), (2),(4), or (5) above, except civil service departments;

(8) members of the military or naval forces; (9) teaching and professional staffs, and

administrative officers of schools, colleges, anduniversities of the state, and bona fide students ofthose institutions employed by any state, parochial, ormunicipal agency;

(10) employees, deputies, and officers of thelegislature and of the offices of the governor,lieutenant governor, attorney general, each mayor andcity attorney, of police juries, school boards,assessors, and of all offices provided for in Article Vof this constitution except the offices of clerk of themunicipal and traffic courts in New Orleans;

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

(12) railroad employees whose workingconditions and retirement benefits are regulated byfederal agencies in accordance with federal law; and

(13) the director, deputy director, and allemployees of the Governor's Office of HomelandSecurity and Emergency Preparedness.

Additional positions may be added to theunclassified service and those positions may berevoked by rules adopted by a commission.

Amended by Acts 2009, No. 538, §1, approvedOctober 2, 2010, eff. November 2, 2010.

§3. State Civil Service CommissionSection 3.(A) Composition. The State Civil

Service Commission is established and shall bedomiciled in the state capital. It shall be composed ofseven members who are electors of this state, four ofwhom shall constitute a quorum. At least oneappointed member shall be from each congressionaldistrict. In order to implement this requirement, everyten years beginning on the day the members ofcongress from newly reapportioned congressionaldistricts take office, any vacancy that occurs on thecommission shall be filled from a congressionaldistrict from which there is no commission member.Only when the membership includes a member fromeach congressional district may a vacancy be filled byan appointment from the state at large.

(B)(1) Appointment. The members shall beappointed by the governor, as hereinafter provided,for overlapping terms of six years.

(2) No person who has served as a member of thecommission for more than two and one-half terms inthree consecutive terms shall be appointed to thecommission for the succeeding term. ThisSubparagraph shall not apply to any person appointedto the commission prior to the effective date of thisSubparagraph, except that it shall apply to any termof service of any such person that begins after suchdate.

(C) Nominations. The presidents of CentenaryCollege at Shreveport, Dillard University at NewOrleans, Louisiana College at Pineville, LoyolaUniversity at New Orleans, Tulane University ofLouisiana at New Orleans, and Xavier University atNew Orleans, after giving consideration torepresentation of all groups, each shall nominate threepersons. The governor shall appoint one member ofthe commission from the three persons nominated byeach president. One member of the commission shallbe elected by the classified employees of the statefrom their number as provided by law. A vacancy forany cause shall be filled by appointment or election inaccordance with the procedure or law governing theoriginal appointment or election, and from the samesource. Within thirty days after a vacancy occurs, thepresident concerned shall submit the requirednominations. Within thirty days thereafter, thegovernor shall make his appointment. If the governorfails to appoint within thirty days, the nominee whosename is first on the list of nominees automaticallyshall become a member of the commission. If anynominating authority fails to submit nominees in thetime required, or if one of the named institutionsceases to exist, the governor shall make theappointment to the commission.

Amended by Acts 2008, No. 935, §1, approvedNovember 4, 2008, effective December 8, 2008; Acts2012, No. 870, §2, approved November 6, 2012,effective December 10, 2012.

§4. City Civil Service Commission Section 4.(A) Creation; Membership; Domicile.

A city civil service commission shall exist in eachcity having a population exceeding four hundredthousand. The domicile of each commission shall bein the city it serves. Each commission shall becomposed of five members, who are electors of thecity, three of whom shall constitute a quorum. Themembers shall serve overlapping terms of six years ashereinafter provided.

(B) New Orleans; Nomination and Appointment.In New Orleans, the presidents of Dillard University,Loyola University, Tulane University of Louisiana,and Xavier University, after giving consideration to



representation of all groups, each shall nominate threepersons. In addition, the employees in the classifiedservice of the city of New Orleans shall nominatethree persons in the classified service of the city ofNew Orleans by means of an election called for thatpurpose. The municipal governing authority shallappoint one member of the commission from thethree persons nominated by each nominatingauthority.

(C) Other Cities; Nomination and Appointment.In each other city subject to this Section, thepresidents of any five institutions of higher educationin the state, selected by the governing authority of therespective city, each shall nominate three persons,after giving consideration to representation of allgroups. The municipal governing authority shallappoint one member of the commission from thethree persons nominated by each.

(D) Vacancies. A vacancy shall be filled byappointment in accordance with the procedure for theoriginal appointment and from the same source.Within thirty days after a vacancy occurs, in a seatheld by a university nominee, the university presidentconcerned shall submit the required nominations.Within sixty days after this amendment is ratified bythe electors of the state of Louisiana, and when avacancy occurs in a seat held by a nomineenominated by employees in the classified service,there shall be held an election at which the employeesin the classified service shall nominate three personsin accordance with this Section. Within thirty daysthereafter, the municipal governing authority shallmake the appointment. If the municipal governingauthority fails to make the appointment within thethirty days, the nominee whose name is first on thelist of nominees automatically shall become amember of the commission. If one of the nominatingauthorities fails to submit nominees in the timerequired, or if one of the named institutions ceases toexist, the municipal governing authority shall makethe appointment.

(E) New Orleans; Implementation of CertainMember. The member appointed from nominationsby the classified employees of the city of NewOrleans shall be the successor to the membernominated by the president of St. Mary's DominicanCollege and the initial member so appointed shalltake office at the expiration of the term of the memberwho took office on April 30, 1987.


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

service commission may be removed by the governoror the governing authority, as the case may be, forcause, after being served with written specificationsof the charges against him and being afforded anopportunity for a public hearing thereon by theappointing authority.

§6. Department of Civil Service; Directors Section 6.(A) State Department. A Department of

State Civil Service is established in the executivebranch of the state government.

(B) City Departments. A department of city civilservice shall exist in each city having a populationexceeding four hundred thousand.

(C) Directors. Each commission shall appoint adirector, after competitive examination, who shall bein the classified service. He shall be theadministrative head of his department. Each directorshall appoint personnel and exercise powers andduties to the extent prescribed by the commissionappointing him.

§7. Appointments; Promotions Section 7. Permanent appointments and

promotions in the classified state and city serviceshall be made only after certification by theappropriate department of civil service under ageneral system based upon merit, efficiency, fitness,and length of service, as ascertained by examinationwhich, so far as practical, shall be competitive. Thenumber to be certified shall not be less than three;however, if more than one vacancy is to be filled, thename of one additional eligible for each vacancy maybe certified. Each commission shall adopt rules forthe method of certifying persons eligible forappointment, promotion, reemployment, andreinstatement and shall provide for appointmentsdefined as emergency and temporary appointments ifcertification is not required.

§8. Appeals Section 8.(A) Disciplinary Actions. No person

who has gained permanent status in the classifiedstate or city service shall be subjected to disciplinaryaction except for cause expressed in writing. Aclassified employee subjected to such disciplinaryaction shall have the right of appeal to the appropriatecommission pursuant to Section 12 of this Part. Theburden of proof on appeal, as to the facts, shall be onthe appointing authority.

(B) Discrimination. No classified employee shallbe discriminated against because of his political or



religious beliefs, sex, or race. A classified employeeso discriminated against shall have the right of appealto the appropriate commission pursuant to Section 12of this Part. The burden of proof on appeal, as to thefacts, shall be on the employee.


§9. Prohibitions Against Political Activities Section 9.(A) Party Membership; Elections. No

member of a civil service commission and no officeror employee in the classified service shall participateor engage in political activity; be a candidate fornomination or election to public office except to seekelection as the classified state employee serving onthe State Civil Service Commission; or be a memberof any national, state, or local committee of a politicalparty or faction; make or solicit contributions for anypolitical party, faction, or candidate; or take activepart in the management of the affairs of a politicalparty, faction, candidate, or any political campaign,except to exercise his right as a citizen to express hisopinion privately, to serve as a commissioner orofficial watcher at the polls, and to cast his vote as hedesires.

(B) Contributions. No person shall solicitcontributions for political purposes from anyclassified employee or official or use or attempt touse his position in the state or city service to punishor coerce the political action of a classified employee.

(C) Political Activity Defined. As used in thisPart, "political activity" means an effort to support oroppose the election of a candidate for political officeor to support a particular political party in an election.The support of issues involving bonded indebtedness,tax referenda, or constitutional amendments shall notbe prohibited.

§10. Rules; Investigations; Wages and Hours Section 10.(A) Rules. (1) Powers. (a) Each

commission is vested with broad and generalrulemaking and subpoena powers for theadministration and regulation of the classified service,including the power to adopt rules for regulatingemployment, promotion, demotion, suspension,reduction in pay, removal, certification,qualifications, political activities, employmentconditions, compensation and disbursements toemployees, and other personnel matters andtransactions; to adopt a uniform pay and classificationplan; to require an appointing authority to institute anemployee training and safety program; and generallyto accomplish the objectives and purposes of themerit system of civil service as herein established. It

may make recommendations with respect to employeetraining and safety.

(b) Nothing herein shall prevent the legislaturefrom supplementing the uniform pay plans for sworn,commissioned law enforcement officers employed bya bona fide police agency of the state or its politicalsubdivisions and for fire protection officers employedby a port authority, from any available funds of thestate, the department, the agency, or the politicalsubdivision, provided that such supplement may bemade available only for those sworn, commissionedlaw enforcement officers employed on a full-timebasis who serve the welfare of the public in thecapacity of a police officer by providing policeservices to the general public, by effecting arrests,issuing citations, and serving warrants whilepatrolling waterways and riverfront areas and forthose fire protection officers employed on a full-timebasis who provide fire protection services to a portauthority.

(2) Veterans. The state and city civil servicedepartments shall accord a five-point preference inoriginal appointment to each person who servedhonorably in the armed forces of the United Statesduring a war declared by the United States Congress;or in a peacetime campaign or expedition for whichcampaign badges are authorized; or for at least ninetydays after September 11, 2001, for reasons other thantraining; or during war period dates or dates of armedconflicts as provided by state law enacted bytwo-thirds of the elected members of each house ofthe legislature. The state and city civil servicedepartments shall accord a ten-point preference inoriginal appointment to each honorably dischargedveteran who served either in peace or in war and whohas one or more disabilities recognized asservice-connected by the Veterans Administration; tothe spouse of each veteran whose physical conditionprecludes his or her appointment to a civil service jobin his or her usual line of work; to the unremarriedwidow of each deceased veteran who served in a warperiod, as defined above, or in a peacetime campaignor expedition; or to the unremarried widowed parentof any person who died in active wartime orpeacetime service or who suffered total andpermanent disability in active wartime or peacetimeservice; or the divorced or separated parents of anyperson who died in wartime or peacetime service orwho became totally and permanently disabled inwartime or peacetime service. However, only oneten-point preference shall be allowed in the originalappointment to any person enumerated above. If theten-point preference is not used by the veteran, eitherbecause of the veteran's physical or mental incapacity



which precludes his appointment to a civil service jobin his usual line of work or because of his death, thepreference shall be available to his spouse,unremarried widow, or eligible parents as definedabove, in the order specified. However, any suchpreference may be given only to a person who hasattained at least the minimum score required on eachtest and who has received at least the minimum ratingrequired for eligibility.

(3) Layoffs; Preference Employees. When aposition in the classified service is abolished, orneeds to be vacated because of stoppage of workfrom lack of funds or other causes, preferenceemployees (ex-members of the armed forces and theirdependents as described in this Section) whose lengthof service and efficiency ratings are at least equal tothose of other competing employees shall be retainedin preference to all other competing employees.However, when any function of a state agency istransferred to, or when a state agency is replaced by,one or more other state agencies, every preferenceemployee in classifications and performing functionstransferred, or working in the state agency replaced,shall be transferred to the replacing state agency oragencies for employment in a position for which he isqualified before that state agency or agencies appointadditional employees for such positions from eligiblelists. The appointing authority shall give the directorwritten notice of any proposed lay-off within areasonable length of time before its effective date,and the director shall issue orders relating theretowhich he considers necessary to secure compliancewith the rules. No rule, regulation, or practice of thecommission, of any agency or department, or of anyofficial of the state or any political subdivision shallfavor or discriminate against any applicant oremployee because of his membership ornon-membership in any private organization; but thisshall not prohibit any state agency, department, orpolitical subdivision from contracting with anemployee organization with respect to wages, hours,grievances, working conditions, or other conditions ofemployment in a manner not inconsistent with thisconstitution, a civil service law, or a valid rule orregulation of a commission.

(4) Effect. Rules adopted pursuant hereto shallhave the effect of law and be published and madeavailable to the public. Each commission may imposepenalties for violation of its rules by demotion in orsuspension or discharge from position, with attendantloss of pay.

(B) Investigations. Each commission mayinvestigate violations of this Part and the rules,statutes, or ordinances adopted pursuant hereto.

(C) Wages and Hours. Any rule or determinationaffecting wages or hours shall have the effect of lawand become effective only after approval by thegovernor or the appropriate governing authority.

Amended by Acts 1989, No. 848, §1, approvedOct. 6, 1990, eff. Nov. 8, 1990; Acts 1990, No. 1106,§1, approved Oct. 6, 1990, eff. Jan. 1, 1991; Acts1995, No. 1327, §1, approved Oct. 21, 1995, eff. Nov.23, 1995; Acts 2004, No. 930, §1, approved Nov. 2,2004, eff. Dec. 7, 2004; Acts 2007, No. 485, §1,approved Oct. 20, 2007, eff. Nov. 19, 2007.

§11. PenaltiesSection 11. Willful violation of any provision of

this Part shall be a misdemeanor punishable by a fineof not more than five hundred dollars or byimprisonment for not more than six months, or both.

§12. Appeal Section 12.(A) State. The State Civil Service

Commission shall have the exclusive power andauthority to hear and decide all removal anddisciplinary cases, with subpoena power and power toadminister oaths. It may appoint a referee, withsubpoena power and power to administer oaths, totake testimony, hear, and decide removal anddisciplinary cases. The decision of a referee is subjectto review by the commission on any question of lawor fact upon the filing of an application for reviewwith the commission within fifteen calendar days afterthe decision of the referee is rendered. If anapplication for review is not timely filed with thecommission, the decision of the referee becomes thefinal decision of the commission as of the date thedecision was rendered. If an application for review istimely filed with the commission and, after a reviewof the application by the commission, the applicationis denied, the decision of the referee becomes thefinal decision of the commission as of the date theapplication is denied. The final decision of thecommission shall be subject to review on anyquestion of law or fact upon appeal to the court ofappeal wherein the commission is located, uponapplication filed with the commission within thirtycalendar days after its decision becomes final. Anyreferee appointed by the commission shall have beenadmitted to the practice of law in this state for at leastthree years prior to his appointment.

(B) Cities. Each city commission established byPart I of this Article shall have the exclusive powerand authority to hear and decide all removal anddisciplinary cases, with subpoena power and power toadminister oaths. It may appoint a referee to taketestimony, with subpoena power and power to



administer oaths to witnesses. The decision of acommission shall be subject to review on anyquestion of law or fact upon appeal to the court ofappeal wherein the commission is located, uponapplication filed with the commission within thirtycalendar days after its decision becomes final.


§13. AppropriationsSection 13.(A) State. The legislature shall make

adequate annual appropriations to the State CivilService Commission and to the Department of StateCivil Service to enable them to implement this Partefficiently and effectively. The amount soappropriated shall not be subject to veto by thegovernor.

(B) Cities. Each city subject to this Part shallmake adequate annual appropriations to enable itscivil service commission and department toimplement this Part efficiently and effectively.


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

Section 14.(A) Local Option. Each city having apopulation exceeding ten thousand but not exceedingfour hundred thousand, each parish, and each parishgoverned jointly with one or more cities under a planof government, having a population exceeding tenthousand, according to the latest official decennialfederal census, may elect to be governed by this Partby a majority vote of its electors voting at an electionheld for that purpose. The election shall be orderedand held by the city, the parish, or the city-parish, asthe case may be, upon (a) the adoption of anordinance by the governing authority calling theelection; or (b) the presentation to the governingauthority of a petition calling for such an electionsigned by electors equal in number to five percent ofthe registered voters of the city, the parish, or thecity-parish, as the case may be.

(B) Acceptance. If a majority of the electors voteto adopt this Part, its provisions shall applypermanently to the city, the parish, or the city-parish,as the case may be, and shall govern it as if this Parthad originally applied to it. In such case, all officersand employees of the city, the parish, or thecity-parish, as the case may be, who have acquiredcivil service status under a civil service systemestablished by legislative act, city charter, orotherwise, shall retain that status and thereafter shallbe subject to and be governed by this Part and the

rules and regulations adopted under it. (C) Rejection. If a majority of the electors vote

against 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 servicesystem in one or more parishes, applicable to any orall parish employees, except teaching andprofessional staffs and administrative officers ofschools, or the establishment by the legislature or bythe respective municipal governing authority of amunicipal civil service system in one or moremunicipalities having a population of less than fourhundred thousand, in any manner now or hereafterprovided by law. However, paid firemen and paidmunicipal policemen in a municipality operating aregularly paid fire and police department and havinga population exceeding thirteen thousand, and paidfiremen in all parishes and in fire protection districts,are expressly excluded from such a civil servicesystem.

Nothing in this Part shall permit inclusion in thelocal civil service of officials and employees listed inSection 2 of this Article.

No law enacted after the effective date of thisconstitution establishing a civil service systemapplicable to one or more parishes or to one or moremunicipalities having a population of less than fourhundred thousand shall be effective in any parish orin any municipality until approved by ordinanceadopted by the governing authority of the parish ormunicipality.

PART II. FIRE AND POLICECIVIL SERVICE

§16. Establishment of System Section 16. A system of classified fire and police

civil service is created and established. It shall applyto all municipalities having a population exceedingthirteen thousand and operating a regularly paid fireand municipal police department and to all parishesand fire protection districts operating a regularly paidfire department.

§17. Appointments and PromotionsSection 17. Permanent appointments and

promotions in municipal fire and police civil serviceshall be made only after certification by the



applicable municipal fire and police civil serviceboard under a general system based upon merit,efficiency, fitness, and length of service as providedin Article XIV, Section 15.1 of the Constitution of1921, subject to change by law enacted by two-thirdsof the elected members of each house of thelegislature.

§18. Prior ProvisionsSection 18. Except as inconsistent with this Part,

the provisions of Article XIV, Section 15.1 of theConstitution of 1921 are retained and continued inforce and effect as statutes. By law enacted bytwo-thirds of the elected members of each house, thelegislature may amend or otherwise modify any ofthose provisions, but it may not abolish the system ofclassified civil service for such firemen and municipalpolicemen or make the system inapplicable to anymunicipality having a population exceeding thirteenthousand according to the latest decennial federalcensus or to any parish or fire protection districtoperating a regularly paid fire department. However,in a municipality having a population exceeding fourhundred thousand, paid firemen and municipalpolicemen shall be included if a majority of theelectors therein voting at an election held for thatpurpose approve their inclusion. Such an electionshall be called by the governing authority of theaffected city within one year after the effective date ofthis constitution.

§19. Exclusion Section 19. Nothing in Part I of this Article

authorizing cities or other political subdivisions to beplaced under the provisions of said Part by election,act of the legislature, or ordinance of the localgoverning authority shall authorize the inclusion in acity civil service system of firemen and policemen inany municipality having a population greater thanthirteen thousand but fewer than four hundredthousand and operating a regularly paid fire andmunicipal police department or in any parish or fireprotection district operating a regularly paid firedepartment. Such firemen and policemen areexpressly excluded from any such system.

§20. Political Activities Section 20. Article XIV, Section 15.1, Paragraph

34 of the Constitution of 1921 is retained andcontinued in force and effect.

PART III. OTHER PROVISIONS

§21. Code of Ethics Section 21. The legislature shall enact a code of

ethics for all officials and employees of the state andits political subdivisions. The code shall beadministered by one or more boards created by thelegislature with qualifications, terms of office, duties,and powers provided by law. Decisions of a boardshall be appealable, and the legislature shall providethe method of appeal.

§22. Dual Employment and Dual Officeholding Section 22. The legislature shall enact laws

defining and regulating dual employment anddefining, regulating, and prohibiting dualofficeholding in state and local government.

§23. Compensation of Elected Public Officials;Reduction

Section 23. The compensation of an electedpublic official shall not be reduced during the termfor which he is elected.

§24. Impeachment Section 24.(A) Persons Liable. A state or district

official, whether elected or appointed, shall be liableto impeachment for commission or conviction, duringhis term of office of a felony or for malfeasance orgross misconduct while in such office.

(B) Procedure. Impeachment shall be by theHouse of Representatives and trial by the Senate, withsenators under oath or affirmation for the trial. Theconcurrence of two-thirds of the elected senators shallbe necessary to convict. The Senate may try animpeachment whether or not the House is in sessionand may adjourn when it deems proper. Convictionupon impeachment shall result in immediate removalfrom office. Nothing herein shall prevent other action,prosecution, or punishment authorized by law.

§25. Removal by Suit; Officials Subject Section 25. For the causes enumerated in

Paragraph (A) of Section 24 of this Article, thelegislature shall provide by general law for theremoval by suit of any state, district, parochial, ward,or municipal official except the governor, lieutenantgovernor, and judges of the courts of record.

§25.1. Removal by Suit; State, District, Parochial,Ward, or Municipal Employees

Section 25.1. Notwithstanding any provision ofthis Article to the contrary, the legislature shallprovide by general law for the removal of any state,



district, parochial, ward, or municipal employee,whether classified or unclassified, from his positionof employment, for conviction, during hisemployment, of a felony as defined by law."Conviction", as used in this Section, means aconviction that is final and all appellate review of theoriginal trial court proceedings is exhausted.

Added by 2002, 1st Ex. Sess., No. 166, §1,approved Nov. 5, 2002, eff. Dec. 10, 2002.

§26. Recall Section 26. The legislature shall provide by

general law for the recall by election of any state,district, parochial, ward, or municipal official exceptjudges of the courts of record. The sole issue at arecall election shall be whether the official shall berecalled.

§27. Filling of Vacancies Section 27.(A) Gubernatorial Appointment;

Election. If no other provision therefor is made bythis constitution, by statute, by local governmentcharter, by home rule charter or plan of government,or by ordinance, the governor may fill a vacancyoccurring in any elective office. When a vacancyoccurs in the office and the unexpired portion of theterm exceeds one year, the vacancy shall be filled atan election, as provided by law, and the appointmentshall be effective only 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 theoffice to which appointed.

§28. Definition of Vacancy Section 28. A vacancy, as used in this

Constitution, shall occur in the event of death,resignation, removal by any means, or failure to takeoffice for any reason.

§29. Retirement and Survivor's BenefitsSection 29.(A) Public School Employees. The

legislature shall provide for retirement of teachersand other employees of the public educational systemthrough establishment of one or more retirementsystems. Membership in such a retirement systemshall be a contractual relationship between employeeand employer, and the state shall guarantee benefitspayable to a member or retiree or to his lawfulbeneficiary upon his death.

(B) Other Officials and Employees. Thelegislature shall enact laws providing for retirementof officials and employees of the state, its agencies,and its political subdivisions, including persons

employed jointly by state and federal agencies otherthan those in military service, through theestablishment of one or more retirement systems.Membership in any retirement system of the state orof a political subdivision thereof shall be acontractual relationship between employee andemployer, and the state shall guarantee benefitspayable to a member of a state retirement system orretiree or to his lawful beneficiary upon his death.

(C) Retirement Systems; Change; Notice. Noproposal to effect any change in existing laws orconstitutional provisions relating to any retirementsystem for public employees shall be introduced inthe legislature unless notice of intention to introducethe proposal has been published, without cost to thestate, in the official state journal on two separatedays. The last day of publication shall be at least sixtydays before introduction of the bill. The notice shallstate the substance of the contemplated law orproposal, and the bill shall contain a recital that thenotice has been given.

(D) Compensation for Survivors of LawEnforcement Officers and Firemen. The legislatureshall establish a system, including the expenditure ofpublic funds, for compensating the surviving spousesand dependent children of law enforcement officers,firemen, and personnel, as defined by law, who die,or who died after June 30, 1972, as a result of injurysustained in the performance of official duties or inthe protection of life or property while on or off duty.

(E) Actuarial Soundness. (1) The actuarialsoundness of state and statewide retirement systemsshall be attained and maintained and the legislatureshall establish, by law, for each state or statewideretirement system, the particular method of actuarialvaluation to be employed for purposes of this Section.

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

(a) The legislature shall, by law, determine andset all required contributions to be made by members.However, until the unfunded accrued liabilityreferenced in (c) below is eliminated, thisdetermination and setting shall not cause the ratio ofemployee contributions to total contributions, on thebasis of each particular plan or classification withineach particular retirement system, to exceed suchratio as it existed on January 1, 1987. Uponelimination of the unfunded accrued liabilityreferenced in (c) below, this determination and settingshall not cause a member's contribution to exceed anamount contributed on his behalf as an employercontribution.

(b) The legislature shall, in each fiscal year, by



law, provide an amount necessary to fund theemployer portion of the normal cost, which shall bedetermined in accordance with the method ofvaluation established under (1) above.

(c) The legislature shall, in each fiscal year, bylaw, provide for the amortization of the unfundedaccrued liability existing as of June 30, 1988, whichshall be determined in accordance with the method ofvaluation selected in (1) above, by the year 2029,commencing with Fiscal Year 1989-1990.

(d) Amounts provided for under (b) and (c)above are hereby guaranteed payable, each fiscalyear, to each retirement system covered herein. If, forany fiscal year, the legislature fails to provide theseguaranteed payments, upon warrant of the governingauthority of the retirement system, following the closeof said fiscal year, the state treasurer shall pay theamount guaranteed directly from the state generalfund.

(3) For statewide public retirement systems notcovered by Paragraphs (A) and (B) of this Section,the legislature shall determine all requiredcontributions to be made by members, contributionsto be made by employers, and dedicated taxesrequired for the sound actuarial maintenance of thesystems, including the elimination of the unfundedaccrued liability as of the end of the 1988-1989 FiscalYear, under the method of valuation selected under(1) above, by the year 2029, commencing with FiscalYear 1989-1990.

(4) For all state and statewide public retirementsystems, neither the state nor the governing authorityof such system shall take any action that shall causethe actuarial present value of expected futureexpenditures of the retirement system to exceed orfurther exceed the sum of the current actuarial valueof assets and the actuarial present value of expectedfuture receipts of the retirement system, except withrespect to the following:

(a) Normal business operating expenses of theretirement system.

(b) Capital outlay expenditures of the retirementsystem.

(c) Management of investments of the retirementsystem.

(d) Cost-of-living increases to retirees, asprovided by law, provided the retirement system isapproaching actuarial soundness as provided by law,and the granting of such increase does not cause anincrease in the actuarially required contribution rate.

(5) All assets, proceeds, or income of the stateand statewide public retirement systems, and allcontributions and payments made to the system toprovide for retirement and related benefits shall be

held, invested as authorized by law, or disbursed as intrust for the exclusive purpose of providing suchbenefits, refunds, and administrative expenses underthe management of the boards of trustees and shallnot be encumbered for or diverted to any otherpurpose. The accrued benefits of members of anystate or statewide public retirement system shall notbe diminished or impaired.

(F) Benefit Provisions; Legislative Enactment.Benefit provisions for members of any publicretirement system, plan, or fund that is subject tolegislative authority shall be altered only bylegislative enactment. No such benefit provisionshaving an actuarial cost shall be enacted unlessapproved by two-thirds of the elected members ofeach house of the legislature. Furthermore, no suchbenefit provision for any member of a state retirementsystem having an actuarial cost shall be approved bythe legislature unless a funding source providing newor additional funds sufficient to pay all such actuarialcost within ten years of the effective date of thebenefit provision is identified in such enactment. This Paragraph shall be implemented as provided bylaw.

(G) Forfeiture of Retirement Benefits; FelonyConvictions. The receipt of a public retirementbenefit shall be expressly conditioned upon therendition of honorable service by the public officialor employee. Notwithstanding any provision of thisconstitution or of any home rule charter to thecontrary, the legislature may provide for the forfeitureof all or part of the benefits from a public retirementsystem, plan, or fund in this state by any person whoholds or held any public office or employment andwho is convicted of a felony associated with andcommitted during his service in such public office oremployment. The legislature may provide for theapplication of all or part of any forfeited benefits tothe unfunded accrued liability of the system, plan, orfund. The provisions of this Paragraph shall beapplied only to persons employed, re-employed, orelected on or after January 1, 2013. The provisionsof this Paragraph shall be applied only to benefitsearned on or after January 1, 2013.

Amended by Acts 1987, No. 947, §1, approvedNov. 21, 1987, effective December 24, 1987; Acts2007, No. 484, §1, approved October 20, 2007,effective November 19, 2007; Acts 2010, No. 1048,§1, approved November 2, 2010, effective December1, 2010; Acts 2012, No. 872, §2, approved November6, 2012, effective December 10, 2012; Acts 2012, No.868, §2, approved November 6, 2012, effectiveDecember 10, 2012.



§29.1. Part-time Public OfficialsSection 29.1.(A) Except as provided in

Paragraph (B), the following elected or appointedofficials are hereby deemed to be part-time publicservants who, based on such part-time service, shallnot participate in, or receive credit for service in, anypublic retirement system, fund, or plan sponsored bythe state of Louisiana or any instrumentality orpolitical subdivision thereof:

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

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

(3) Any member of a board or commissionestablished by the state of Louisiana or anyinstrumentality or political subdivision thereof unlessauthorized by law enacted by two-thirds of the electedmembers of each house.

(4) Any person holding or serving in any otherelected or appointed position or office defined to bepart-time public service by law enacted by two-thirdsof the elected members of each house.

(B) The provisions of Paragraph (A) shall notapply to any person who is serving on January 1,1997, in any elected or appointed position set forth inParagraph (A) and who is also a member on January1, 1997 of a retirement system covering that position.

(C) The provisions of this Section shall not applyto participation in the Louisiana Public EmployeesDeferred Compensation Plan, or its successor.

(D) This Section shall become effective onJanuary 1, 1997.

Added by Acts 1996, 1st Ex. Sess., No. 99, §1,approved Nov. 5, 1996, eff. Jan. 1, 1997.

§30. Oath of Office Section 30. Every official shall take the

following oath or affirmation: "I, . . ., do solemnlyswear (or affirm) that I will support the constitutionand laws of the United States and the constitution andlaws of this state and that I will faithfully andimpartially discharge and perform all the dutiesincumbent upon me as . . ., according to the best ofmy ability and understanding, so help me God."

PART IV. STATE POLICE SERVICE

§41. State Police Service Section 41.(A) Service Established. The state

police service is established and includes all regularlycommissioned full-time law enforcement officersemployed by the Department of Public Safety andCorrections, office of state police, or its successor,

who are graduates of the state police trainingacademy course of instruction and are vested with fullstate police powers, as provided by law, and personsin training to become such officers.

(B) Implementation. The provisions of this PartIV shall become effective on January 1, 1991;however, prior to that date members of the StatePolice Commission shall be selected and take officeand shall adopt rules and take actions necessary toimplement this Part on January 1, 1991.

Added by Acts 1990, No. 1106, §1, approvedOct. 6, 1990, eff. Jan. 1, 1991.

§42. Classified and Unclassified Service Section 42.(A) Classified Service. The state

police service is divided into the unclassified and theclassified service. Persons not included in theunclassified service are in the classified service.

(B) Unclassified Service. The State PoliceCommission shall determine those positions whichshall be in the unclassified service and may providethat any such position shall become classified.


§43. State Police CommissionSection 43.(A) Composition. The State Police

Commission is established and shall be domiciled inthe state capital. It shall be composed of sevenmembers who are electors of this state, four of whomshall constitute a quorum. At least one appointedmember shall be from each congressional district. Noappointed member shall concurrently serve onanother board or commission whose purpose issimilar to that of the State Police Commission. Inorder to implement this requirement, every ten yearsbeginning on the day the members of congress fromnewly reapportioned congressional districts takeoffice, any vacancy that occurs on the commissionshall be filled from a congressional district fromwhich there is no commission member. Only whenthe membership includes a member from eachcongressional district may a vacancy be filled by anappointment from the state at large.

(B)(1) Appointment. The members shall beselected, as hereinafter provided, for terms of sixyears, after initial terms of one year, two years, threeyears, four years, five years, and six years for theappointed members, as designated by the governor,and six years for the elected member.

(2) No person who has served as a member of thecommission for more than two and one-half terms inthree consecutive terms shall be appointed or electedto the commission for the succeeding term. This



Subparagraph shall not apply to any person appointedor elected to the commission prior to the effectivedate of this Subparagraph, except that it shall apply toany term of service of any such person that beginsafter such date.

(C) Nominations. The presidents of CentenaryCollege at Shreveport, Dillard University at NewOrleans, Louisiana College at Pineville, LoyolaUniversity at New Orleans, Tulane University ofLouisiana at New Orleans, and Xavier University atNew Orleans, after giving consideration torepresentation of all groups, each shall nominate threepersons. The governor shall appoint one member ofthe commission from the three persons nominated byeach president. One member of the commission shallbe elected by the classified state police officers of thestate from their number as provided by law. Avacancy for any cause shall be filled by appointmentor election in accordance with the procedure or lawgoverning the original appointment or election, andfrom the same source. Within thirty days after avacancy occurs, the president concerned shall submitthe required nominations. Within thirty daysthereafter, the governor shall make his appointment.If the governor fails to appoint within thirty days, thenominee whose name is first on the list of nomineesautomatically shall become a member of thecommission. If any nominating authority fails tosubmit nominees in the time required, or if one of thenamed institutions ceases to exist, the governor shallmake the appointment to the commission.

(D) Removal. An appointed member of thecommission may be removed by the governor forcause after being served with written specifications ofthe charges against him and being afforded anopportunity for a public hearing thereon by thegovernor.

Added by Acts 1990, No. 1106, §1, approvedOct. 6, 1990, eff. Jan. 1, 1991; Acts 2008, No. 935,§1, eff. approved November 4, 2008, eff. December 8,2008; Acts 2012, No. 870, §2, approved November 6,2012, effective December 10, 2012.

§44. Director Section 44. The commission shall appoint a

director and such personnel as shall be necessary tocarry out its duties.


§45. Appointments; Promotions Section 45. Permanent appointments and

promotions in the classified state police service shallbe made only after certification by the director undera general system based upon merit, efficiency, fitness,and length of service, as ascertained by examinationwhich, so far as practical, shall be competitive. Thenumber to be certified shall not be less than three;however, if more than one vacancy is to be filled, thename of one additional person eligible for eachvacancy may be certified. The commission shalladopt rules for the method of certifying personseligible for appointment, promotion, reemployment,and reinstatement and shall provide for appointmentsdefined as emergency and temporary appointments ifcertification is not required.


§46. Appeals Section 46.(A) Disciplinary Actions. No person

who has gained permanent status in the classifiedstate police service shall be subjected to disciplinaryaction except for cause expressed in writing. Aclassified state police officer subjected to suchdisciplinary action shall have the right of appeal tothe commission. The burden of proof on appeal, as tothe facts, shall be on the appointing authority.

(B) Discrimination. No classified state policeofficer shall be discriminated against because of hispolitical or religious beliefs, sex, or race. A classifiedstate police officer so discriminated against shall havethe right of appeal to the commission. The burden ofproof on appeal, as to the facts, shall be on the statepolice officer.


§47. Prohibitions Against Political Activities Section 47.(A) Party Membership; Elections. No

member of the commission and no state police officerin the classified service shall participate or engage inpolitical activity; be a candidate for nomination orelection to public office except to seek election as theclassified state police officer serving on the StatePolice Commission; or be a member of any national,state, or local committee of a political party orfaction; make or solicit contributions for any politicalparty, faction, or candidate; or take active part in themanagement of the affairs of a political party, faction,candidate, or any political campaign, except toexercise his right as a citizen to express his opinionprivately, to serve as a commissioner or officialwatcher at the polls, and to cast his vote as he desires.



(B) Contributions. No person shall solicitcontributions for political purposes from anyclassified state police officer or use or attempt to usehis position to punish or coerce the political action ofa classified state police officer.

(C) Political Activity Defined. As used in thisPart, "political activity" means an effort to support oroppose the election of a candidate for political officeor to support a particular political party in an election.The support or opposition of a candidate seekingelection as the classified state police officer memberof the State Police Commission, issues involvingbonded indebtedness, tax referenda, or constitutionalamendments shall not be prohibited.


§48. Rules; Investigations; Wages and Hours Section 48.(A) Rules. (1) Powers. The

commission is vested with broad and generalrulemaking and subpoena powers for theadministration and regulation of the classified statepolice service, including the power to adopt rules forregulating employment, promotion, demotion,suspension, reduction in pay, removal, certification,qualifications, political activities, employmentconditions, compensation and disbursements toemployees, and other personnel matters andtransactions; to adopt a uniform pay and classificationplan; to require an appointing authority to institute anemployee training and safety program; and generallyto accomplish the objectives and purposes of themerit system of state police service as hereinestablished. It may make recommendations withrespect to employee training and safety.

(2) Veterans. The director shall accord afive-point preference in original appointment to eachperson honorably discharged, or discharged underhonorable conditions from the armed forces of theUnited States who served in the Vietnam Era fromJuly 1, 1958 through May 7, 1975, except the periodof July 1, 1958 through August 4, 1964, shall applyonly to those who served within the area known as theVietnam Theater; or during a war declared by theUnited States Congress; or in a peacetime campaignor expedition for which campaign badges areauthorized; or for at least ninety days after September11, 2001, for reasons other than training; or duringwar period dates or dates of armed conflicts asprovided by state law enacted by two-thirds of theelected members of each house of the legislature. Thedirector shall accord a ten-point preference in originalappointment to each honorably discharged veteranwho served either in peace or in war and who has one

or more disabilities recognized as service-connectedby the Veterans Administration; to the spouse of eachveteran whose physical condition precludes his or herappointment to the state police service; to theunremarried widow of each deceased veteran whoserved in a war period, as defined above, or in apeacetime campaign or expedition; or to theunremarried widowed parent of any person who diedin active wartime or peacetime service or whosuffered total and permanent disability in activewartime or peacetime service; or the divorced orseparated parents of any person who died in wartimeor peacetime service or who became totally andpermanently disabled in wartime or peacetimeservice. However, only one ten-point preference shallbe allowed in the original appointment to any personenumerated above. If the ten-point preference is notused by the veteran, either because of the veteran'sphysical or mental incapacity which precludes hisappointment to the classified state police service orbecause of his death, the preference shall be availableto his spouse, unremarried widow, or eligible parentsas defined above, in the order specified. However,any such preference may be given only to a personwho has attained at least the minimum score requiredon each test and who has received at least theminimum rating required for eligibility.

(3) Layoffs; Preference Employees. When aposition in the classified state police service isabolished, or must be vacated because of stoppage ofwork from lack of funds or other causes, preferenceemployees (ex-members of the armed forces and theirdependents as described in this Section) whose lengthof service and efficiency ratings are at least equal tothose of other competing employees shall be retainedin preference to all other competing employees.However, when any function of the state police istransferred to, or when the state police is replaced by,one or more other state agencies, every preferenceemployee in classifications and performing functionstransferred, or working in the state police, shall betransferred to the replacing state agency or agenciesfor employment in a position for which he is qualifiedbefore that state agency or agencies appointadditional employees for such positions from eligiblelists. The appointing authority shall give thecommission written notice of any proposed lay-offwithin a reasonable length of time before its effectivedate, and the commission shall issue orders relatingthereto which it considers necessary to securecompliance with the rules. No rule, regulation, orpractice of the commission, of any agency ordepartment, or of any official of the state shall favoror discriminate against any applicant or employee


Article XI - Elections

because of his membership or nonmembership in anyprivate organization; but this shall not prohibit theDepartment of Public Safety and Corrections, officeof state police, or its successor, from contracting withan employee organization with respect to wages,hours, grievances, working conditions, or otherconditions of employment in a manner notinconsistent with this constitution, law, or a valid ruleor regulation of the commission.

(4) Effect. Rules adopted pursuant hereto shallhave the effect of law and be published and madeavailable to the public. The commission may imposepenalties for violation of its rules by demotion in orsuspension or discharge from position, with attendantloss of pay.

(B) Investigations. The commission mayinvestigate violations of this Part and the rules,statutes, or ordinances adopted pursuant hereto.

(C) Wages and Hours. Any rule or determinationaffecting wages or hours shall have the effect of lawand become effective only after approval by thegovernor and subject to appropriation of sufficientfunds by the legislature.

Added by Acts 1990, No. 1106, §1, approvedOct. 6, 1990, eff. Jan. 1, 1991; Acts 2004, No. 930,§1, approved Nov. 2, 2004, eff. Dec. 7, 2004.

§49. Penalties Section 49. Willful violation of any provision of

this Part shall be a misdemeanor punishable by a fineof not more than five hundred dollars or byimprisonment for not more than six months, or both.


§50. Appeal Section 50. The State Police Commission shall

have the exclusive power and authority to hear anddecide all removal and disciplinary cases, withsubpoena power and power to administer oaths. Itmay appoint a referee to take testimony, withsubpoena power and power to administer oaths towitnesses. The decision of the commission shall besubject to review on any question of law or fact uponappeal to the court of appeal wherein the commissionis located, upon application filed with the commissionwithin thirty calendar days after its decision becomesfinal.


§51. AppropriationsSection 51. The legislature shall make adequate

appropriations to the State Police Commission toenable it to implement this Part efficiently andeffectively. The amount so appropriated shall not besubject to veto by the governor.

Added by Acts 1990, No. 1106, §1, approvedOct. 6, 1990, eff. Jan. 1, 1991; Acts 1997, No. 1489,§5, approved Oct. 3, 1998, eff. Nov. 5, 1998.

ARTICLE XI.ELECTIONS

§1. Election Code Section 1. The legislature shall adopt an election

code which shall provide for permanent registrationof voters and for the conduct of all elections.

§2. Secret Ballot; Absentee Voting; Preservationof Ballot

Section 2. In all elections by the people, votingshall be by secret ballot. The legislature shall providea method for absentee voting. Proxy voting isprohibited. Ballots shall be counted publicly andpreserved inviolate as provided by law until anyelection contests have been settled. In all elections bypersons in a representative capacity, voting shall beviva-voce.

§3. Privilege from Arrest Section 3. While going to and returning from

voting and while exercising the right to vote, anelector shall be privileged from arrest, except forfelony or breach of the peace.

§4. Prohibited Use of Public Funds Section 4. No public funds shall be used to urge

any elector to vote for or against any candidate orproposition, or be appropriated to a candidate orpolitical organization. This provision shall notprohibit the use of public funds for dissemination offactual information relative to a proposition appearingon an election ballot.

§5. Registrar of VotersSection 5. The governing authority of each parish

shall appoint a registrar of voters in the mannerprovided by law. The compensation, removal fromoffice for cause, bond, powers, qualifications, andfunctions of the registrar shall be provided by law.Upon qualifying as a candidate for other publicoffice, a registrar shall forfeit his office. No law shallprovide for the removal from office of a registrar bythe appointing authority.


Article XII - General Provisions


ARTICLE XII.GENERAL PROVISIONS

§1. State Capital Section 1. The capital of Louisiana is the city of

Baton Rouge.

§2. Civilian-Military Relations Section 2. The military shall be subordinate to

the civil power.

§3. Right to Direct Participation Section 3. No person shall be denied the right to

observe the deliberations of public bodies andexamine public documents, except in casesestablished by law.

§4. Preservation of Linguistic and CulturalOrigins

Section 4. The right of the people to preserve,foster, and promote their respective historic linguisticand cultural origins is recognized.

§5. Successions; Forced Heirship and TrustsSection 5.(A) The legislature shall provide by

law for uniform procedures of successions and for therights of heirs or legatees and for testate and intestatesuccession. Except as provided in Paragraph (B) ofthis Section, forced heirship is abolished in this state.

(B) The legislature shall provide for theclassification of descendants, of the first degree,twenty-three years of age or younger as forced heirs.The legislature may also classify as forced heirsdescendants of any age who, because of mentalincapacity or physical infirmity, are incapable oftaking care of their persons or administering theirestates. The amount of the forced portion reserved toheirs and the grounds for disinherison shall also beprovided by law. Trusts may be authorized by lawand the forced portion may be placed in trust.


§6. Lotteries; Gaming, Gambling, or WageringSection 6.(A) Lotteries. (1) The legislature may

provide for the creation and operation of a statelottery and may create a special corporation for thatpurpose whose employees shall not be subject to statecivil service. The net proceeds from the operation ofthe lottery shall be deposited in a special fund createdin the state treasury entitled the Lottery Proceeds

Fund. Amounts deposited in the fund shall not beappropriated for expenditure in the same calendaryear in which they are received. The legislature shallannually appropriate from the fund only for thepurposes of the minimum foundation program and nomore than five hundred thousand dollars for servicesrelated to compulsive and problem gaming as may beprovided by law.

(2) A law providing for the creation andoperation of a state lottery, once enacted, may bemodified only by a law enacted by two-thirds of theelected members of each house but may be repealedin its entirety by a law enacted by a majority thereof.If such a law has been repealed, the legislaturethereafter may provide for the creation and operationof a state lottery only by law enacted by two-thirds ofthe elected members of each house.

(3) No state general funds may be expended forthe primary purpose of inducing persons toparticipate in the lottery. However, state generalfunds may be expended for the purpose of reasonablyinforming the public solely about the followingfactors pertaining to the operation and administrationof the lottery:

(a) The type or types of lottery to be conducted.(b) The price or prices of tickets or shares in the

lottery.(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.(g) Location of sites for sale of tickets or shares

and sites of determination of winners and awarding ofprizes.

(4) No political subdivision of the state shallauthorize or conduct a lottery.

(B) Gambling. Gambling shall be defined by andsuppressed by the legislature.

(C) Gaming, Gambling, or WageringReferendum Elections. (1)(a) No law authorizing anew form of gaming, gambling, or wagering notspecifically authorized by law prior to the effectivedate of this Paragraph shall be effective nor shall suchgaming, gambling, or wagering be licensed orpermitted to be conducted in a parish unless areferendum election on a proposition to allow suchgaming, gambling, or wagering is held in the parishand the proposition is approved by a majority of thosevoting thereon.

(b) No form of gaming, gambling, or wageringauthorized by law on the effective date hereof shall belicensed or permitted to be conducted in a parish inwhich it was not heretofore being conducted, exceptlicensed charitable gaming which may be conducted



in any parish provided it is conducted in compliancewith the law, pursuant to a state license or permitunless a referendum election on a proposition toallow such gaming, gambling, or wagering is held inthe parish and the proposition is approved by amajority of those voting thereon.

(2) No new license or permit shall be issued forthe conducting of riverboat gaming, gambling, orwagering operations or activities at a berth or dockingfacility in a parish in which such gaming, gambling,or wagering is then being conducted, unless areferendum election on a proposition to allow suchadditional gaming, gambling, or wagering operationsor activities has been held in the parish and theproposition has been approved by a majority of thosevoting thereon. In addition, no license or permitregardless of when issued shall be reissued, amended,or replaced to authorize the holder to conductriverboat gaming, gambling, or wagering operationsor activities at a berth or docking facility differentfrom that authorized in the license or permit, unless areferendum election on a proposition to allow suchgaming, gambling, or wagering operations oractivities has been held in the parish in which theproposed berth or docking facility is located and theproposition has been approved by a majority of thosevoting thereon.

(3) The legislature may at any time repealstatutes authorizing gaming, gambling, or wagering.

(4) Notwithstanding Article III, Section 12, orany other provision of this constitution, the legislatureby local or special law may provide for elections onpropositions relating to allowing or prohibiting one ormore forms of gaming, gambling, or wageringauthorized by legislative act.

Amended by Acts 1990, No. 1097, §1, approvedOct. 6, 1990, eff. Nov. 8, 1990; Acts 1996, 1st Ex.Sess., No. 98, §1, approved Sept. 21, 1996, eff. Oct.15, 1996; Acts 2003, No. 1305, §1, approved Oct. 4,2003, eff. July 1, 2004.

§7. State Penal Institutions; Reimbursement ofParish Expense

Section 7. The state shall reimburse a parish inwhich a state penal institution is located for expensesthe parish incurs arising from crime committed in theinstitution or by an inmate thereof.

§8. Welfare, Unemployment Compensation, andHealth

Section 8. The legislature may establish a systemof economic and social welfare, unemploymentcompensation, and public health.

§8.1. Workers' Compensation Section 8.1. (A) Authorization. (1)

Notwithstanding any other provision of thisconstitution to the contrary, and subject to theconditions contained in this Section, the legislature bylaw may create a private, nonprofit corporation toprovide workers' compensation insurance and todeliver related services as provided by law.

(2) Once the full faith and credit of the state forthe payment of the corporation's legal obligations isextinguished, and the corporation provides security,as required by law, to hold the state harmless from allclaims arising from any legal obligation of thecorporation to which the full faith and credit of thestate is applicable, including all costs associatedtherewith:

(a) This private corporation may not be dissolvedor otherwise terminated by the repeal of the statutesenabling its creation or by the passage of otherlegislation providing for its dissolution ortermination.

(b) Exclusive power to dissolve or otherwiseterminate the corporation shall rest solely with thecommissioner of insurance or the corporation'spolicyholders. Such dissolution or termination shallbe in accordance with law.

(c) The corporation shall not be sold orconverted to a domestic stock insurer, nor shallownership or control be transferred.

(d) The corporation shall not be subject to anylegislation directed exclusively at the corporationwhich impairs the corporation's ability to provide acompetitive market for workers' compensationinsurance to Louisiana employers.

(e) Upon the failure of the corporation tomaintain security as required herein and as certifiedby the commissioner of insurance, the provisions ofSubsubparagraphs (a), (b), (c), and (d) shall be null.

(B)(1) Loan, Pledge, or Donation by State.Notwithstanding any other provision of thisconstitution to the contrary, the funds, credit,property, or things of value of the state may beloaned, pledged, or donated to or for the corporationunder terms, conditions, or procedures to be providedby law with specific applicability to the corporation.However, any cash or negotiable instrument advancedto the corporation by the state shall be a loan and maynot be donated by the state.



(2) Full Faith and Credit. The corporation mayrely on the full faith and credit of the state ofLouisiana for the payment of legal obligations, for aperiod of five years or until such time as the UnitedStates Department of Labor approves United StatesLongshore and Harbor Worker's Compensation Actcoverage by the corporation without such security,whichever occurs later.

(C) Board of Directors.(1) The board of directors for a corporation

established pursuant to the authorization contained inParagraph A of this Section shall consist of twelvemembers as follows:

(a) One person from a list of three namessubmitted by the Louisiana American Federation ofLabor and Congress of Industrial Organizations, or bya successor organization representative of organizedlabor to be designated by the legislature in the eventthat the Louisiana American Federation of Labor andCongress of Industrial Organizations ceases to exist.

(b) One person from a list of three namessubmitted by the Louisiana Association of Businessand Industry, or by a successor organizationrepresentative of organized business to be designatedby the legislature in the event that the LouisianaAssociation of Business and Industry ceases to exist.

(c) Four persons, all residents of Louisiana, eachof whom represents a for-profit business, providedthat at least one of these persons represents a businesswith ten or fewer employees, one of these personsrepresents a business with at least eleven but not morethan fifty employees, one of these persons representsa business with over fifty employees, and one of thesepersons represents a business with over one hundredemployees.

(d) A member of the Senate who hasmanagement experience in a for-profit business, whoshall be a nonvoting ex officio member.

(e) A member of the House of Representativeswho has management experience in a for-profitbusiness, who shall be a nonvoting ex officiomember.

(f) One person, from a list of three submitted bythe board of directors of the Louisiana Workers'Compensation Corporation, who is an agent licensedby the Department of Insurance to sell workers'compensation insurance in Louisiana and whopossesses executive level experience in the field ofworkers' compensation insurance.

(g) Two persons, each from a list of threesubmitted by the board of directors of LouisianaWorkers' Compensation Corporation, who areresidents of the state of Louisiana and who shallrepresent the interest of the citizens of the state at

large.(h) Repealed by Acts 2003, No. 1294, §1,

approved Oct. 4, 2003, eff. Nov. 6, 2003.(i) The insurance commissioner or his designee,

who shall be a nonvoting ex officio member.(2) The governor shall appoint the charter

members to the board, except that the president of theSenate shall appoint the Senate member and thespeaker of the House shall appoint the House ofRepresentatives member.

(3) The legislature shall provide by law forstaggered terms of board members. Those who holdpolicies issued by the corporation will elect thesuccessors to the four charter members representingfor-profit businesses. The president of the Senateshall appoint the successors to the charter Senatemember and the speaker of the House ofRepresentatives shall appoint the successors to thecharter House of Representatives member. Thegovernor shall continue to appoint all other membersas initially provided.

(4) All gubernatorial appointees shall beconfirmed by the Senate in conformity with theprocedures of Article IV, Section 5(H) of thisconstitution.

(D) Corporation Property Separate. Thecorporation shall not be a state agency. The propertyand assets of the corporation shall not be stateproperty, shall not be subject to appropriation by thelegislature, shall not be deposited in the state treasury,and shall consist of all premiums collected fromunderwriting worker's compensation risks, allreserves to pay future claims and all interest earnedupon any monies invested by the corporation, anyproperties or securities acquired through the use ofmonies belonging to the corporation, all earnings ofsuch property or securities, and all other moniesreceived by the corporation from any other source.

(E) Solvency. The corporation shall adoptactuarially sound rates and underwriting policies thatinsure the corporation's solvency.

(F) Guaranty Fund. The corporation shall beexempt from participation in and shall not join orcontribute financially to or be entitled to theprotection of any plan, pool, association, or guarantyfund or insolvency fund authorized or requiredpursuant to the Insurance Code. However, upon theextinguishment of the full faith and credit guaranteeof the state, the corporation shall no longer be exemptfrom participation in, contribution to, and protectionunder the insurance guaranty association fund createdand operating under R.S. 22:1375 et seq., of theInsurance Code. The corporation's participation in,contribution to, and protection under the insurance



guaranty association fund shall be on a prospectivebasis only. This prospective participation,contribution, and protection shall only apply to claimsarising from injuries occurring after theextinguishment of the full faith and credit guarantee.

Added by Acts 1991, No. 1073, §1, approvedOct. 19, 1991, eff. Nov. 21, 1991; Amended by Acts1999, No. 1404, §1, approved Nov. 20, 1999, eff.Dec. 27, 1999; Acts 1999, No. 1405, §1, approvedNov. 20, 1999, eff. Dec. 27, 1999; Acts 2003, No.1294, §1, approved Oct. 4, 2003, eff. Nov. 6, 2003.

§9. Exemptions From Seizure and Sale Section 9. The legislature shall provide by law

for exemptions from seizure and sale, as well aswaivers of and exclusions from such exemptions. Theexemption shall extend to at least fifteen thousanddollars in value of a homestead, as provided by law.

§10. Suits Against the State Section 10.(A) No Immunity in Contract and

Tort. Neither the state, a state agency, nor a politicalsubdivision shall be immune from suit and liability incontract or for injury to person or property.

(B) Waiver in Other Suits. The legislature mayauthorize other suits against the state, a state agency,or a political subdivision. A measure authorizing suitshall waive immunity from suit and liability.

(C) Limitations; Procedure; Judgments.Notwithstanding Paragraph (A) or (B) or any otherprovision of this constitution, the legislature by lawmay limit or provide for the extent of liability of thestate, a state agency, or a political subdivision in allcases, including the circumstances giving rise toliability and the kinds and amounts of recoverabledamages. It shall provide a procedure for suits againstthe state, a state agency, or a political subdivision andprovide for the effect of a judgment, but no publicproperty or public funds shall be subject to seizure.The legislature may provide that such limitations,procedures, and effects of judgments shall beapplicable to existing as well as future claims. Nojudgment against the state, a state agency, or apolitical subdivision shall be exigible, payable, orpaid except from funds appropriated therefor by thelegislature or by the political subdivision againstwhich the judgment is rendered.


§11. Continuity of Government Section 11. The legislature shall provide for

orderly and temporary continuity of state government,in periods of emergency, until normal processes ofgovernment can be reestablished in accordance withthe constitution and laws of the state; and, except asotherwise provided by this constitution, for theprompt and temporary succession to the powers andduties of public offices when incumbents becomeunavailable to perform their functions.

§12. Corporations; Perpetual or IndefiniteDuration; Dissolution; PerpetualFranchises or Privileges

Section 12. Neither the state nor any politicalsubdivision shall grant a perpetual franchise orprivilege; however, the legislature may authorize theorganization of corporations for perpetual orindefinite duration. Every corporation shall be subjectto dissolution or forfeiture of its charter or franchise,as provided by general law.

§13. Prescription Against State Section 13. Prescription shall not run against the

state in any civil matter, unless otherwise provided inthis constitution or expressly by law.

§14. Administrative Agency Codes Section 14. Rules, regulations, and procedures

adopted by all state administrative and quasi-judicialagencies, boards, and commissions shall be publishedin one or more codes and made available to thepublic.

§15. Defense of Marriage[See Unconstitutionality Note below.]

Section 15. Marriage in the state of Louisianashall consist only of the union of one man and onewoman. No official or court of the state of Louisianashall construe this constitution or any state law torequire that marriage or the legal incidents thereofbe conferred upon any member of a union other thanthe union of one man and one woman. A legal statusidentical or substantially similar to that of marriagefor unmarried individuals shall not be valid orrecognized. No official or court of the state ofLouisiana shall recognize any marriage contracted inany other jurisdiction which is not the union of oneman and one woman.

Added by Acts 2004, No. 926, §1, approvedSeptember 18, 2004, eff. October 19, 2004.

NOTE: See Obergefell v. Hodges, 135 S.Ct.2584 (U.S. 2015) and Costanza v. Caldwell,167 So.3d 619 (La. 2015).


Article XIII - Constitutional Revision

§16. Patient's Compensation FundSection 16.(A) Authorization. Notwithstanding

any other provision of this constitution to thecontrary, the legislature may establish a privatecustodial fund to be designated the "Patient'sCompensation Fund". Any deposits into a fundestablished pursuant to this Section are not publicmonies, but are self-generated, private monies to beheld in trust by a board created by the legislature forthe use, benefit, and protection of medicalmalpractice claimants and the private health careprovider members. Pursuant to Article VII, Section10(J) of this constitution, such funds shall not bedefined as state general funds or dedicated fundsrequired for deposit in the state treasury.

(B) Patient's Compensation Fund assets. Theassets of a fund, when established pursuant to thisSection, shall not be state property, shall not besubject to appropriation by the legislature, and shallnot be required for deposit in the state treasurypursuant to Article VII, Section 9(A) of thisconstitution. Assets of such a fund shall consist of allsurcharges collected from health care providermembers and filing fees collected from claimants, allreserves to pay future claims, all interest earned uponany monies invested by the board, any securitiesacquired through the investment of fund monies, allearnings on such securities, and all other monies andassets deposited into the fund.

(C) Guaranty fund. Any such fund createdpursuant to this Section shall be exempt fromparticipation in and shall not join or contributefinancially to or be entitled to the protection of anyplan, pool, association, or guaranty fund orinsolvency fund.

(D) Full faith and credit. No fund nor board thatmay be created pursuant to this Section may rely onthe full faith and credit of this state for the payment oflegal obligations.

(E) State general funds. Any such fund or boardcreated pursuant to this Section shall not be entitledto an appropriation of state general funds without aspecific appropriation approved by the legislature.

Added by Acts 2011, No. 421, §1, approvedOctober 22, 1011, eff. November 21, 2011.

ARTICLE XIII.CONSTITUTIONAL REVISION

§1. AmendmentsSection 1.(A)(1) Procedure. An amendment to

this constitution may be proposed by joint resolutionat any regular session of the legislature, but theresolution shall be prefiled, at least ten days before

the beginning of the session or as provided inSubparagraph (2) of this Paragraph, in accordancewith the rules of the house in which introduced. Anamendment to this constitution may be proposed atany extraordinary session of the legislature if it iswithin the objects of the call of the session and isintroduced in the first five calendar days thereof. Iftwo-thirds of the elected members of each houseconcur in the resolution, pursuant to all of theprocedures and formalities required for passage of abill except submission to the governor, the secretaryof state shall have the proposed amendment publishedonce in the official journal of each parish within notless than thirty nor more than sixty days preceding theelection at which the proposed amendment is to besubmitted to the electors. Each joint resolution shallspecify the statewide election at which the proposedamendment shall be submitted. Special elections forsubmitting proposed amendments may be authorizedby law.

(2) Any joint resolution proposed at a regularsession of the legislature which effects any change inconstitutional provisions relating to any retirementsystem for public employees shall be prefiled no laterthan five o'clock in the evening of the forty-fifthcalendar day prior to the first day of session.

(B) Form of Proposal. A proposed amendmentshall have a title containing a brief summary of thechanges proposed; shall be confined to one object;and shall set forth the entire article, or the sections orother subdivisions thereof, as proposed to be revisedor only the article, sections, or other subdivisionsproposed to be added. However, the legislature maypropose, as one amendment, a revision of an entirearticle of this constitution which may contain multipleobjects or changes. A section or other subdivisionmay be repealed by reference. When more than oneamendment is submitted at the same election, eachshall be submitted so as to enable the electors to voteon them separately.

(C) Ratification. If a majority of the electorsvoting on the proposed amendment approve it, thegovernor shall proclaim its adoption, and it shallbecome part of this constitution, effective twenty daysafter the proclamation, unless the amendmentprovides otherwise. A proposed amendment directlyaffecting not more than five parishes or areas withinnot more than five parishes shall become part of thisconstitution only when approved by a majority of theelectors voting thereon in the state and also a majorityof the electors voting thereon in each affected parish.However, a proposed amendment directly affectingnot more than five municipalities, and only suchmunicipalities, shall become part of this constitution


Article XIV. Transitional Provisions

only when approved by a majority of the electorsvoting thereon in the state and also a majority of theelectors voting thereon in each such municipality.

Amended by Acts 2012, No. 872, §3, approvedNovember 6, 2012, effective December 10, 2012.

§2. Constitutional Convention Section 2. Whenever the legislature considers it

desirable to revise this constitution or propose a newconstitution, it may provide for the calling of aconstitutional convention by law enacted bytwo-thirds of the elected members of each house. Therevision or the proposed constitution and anyalternative propositions agreed upon by theconvention shall be submitted to the people for theirratification or rejection. If the proposal is approvedby 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 submit

amendments to this constitution, it may at the samesession enact laws to carry them into effect, tobecome operative when the proposed amendmentshave 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 LouisianaCoordinating Council for Higher Education appointedby the governor whose term has not expired shallbecome a member of the Board of Regents until hisrespective term expires. The governor shall appointadditional members required to complete themembership of the board in accordance with and toeffectuate Article VIII, Section 5.

§2. Board of Supervisors of Louisiana StateUniversity and Agricultural andMechanical College

Section 2. On the effective date of thisconstitution, each member of the Board ofSupervisors of Louisiana State University andAgricultural and Mechanical College whose term hasnot expired shall become a member of the Board ofSupervisors of Louisiana State University andAgricultural and Mechanical College until his term

expires. The governor shall appoint additionalmembers required in accordance with and toeffectuate Article VIII, Section 7.

§3. Board of Supervisors of Southern University Section 3. At the next session of the legislature

following the effective date of this constitution, thegovernor shall submit to the Senate for its consent thenames of his appointees to the Board of Supervisorsof Southern University and Agricultural andMechanical College in accordance with and toeffectuate Article VIII, Section 7.

§4. State Board of Elementary and SecondaryEducation; Board of Trustees for StateColleges and Universities

Section 4. On the effective date of thisconstitution, each member of the State Board ofEducation whose term has not expired may elect tobecome a member of either the State Board ofElementary and Secondary Education or the Board ofTrustees for State Colleges and Universities. He shallserve until the expiration of the term for which he waselected. The legislature shall provide by law theprocedures by which this right shall be exercised, thesecretary of state notified of those elections whichmust be held, and the governor notified of theappointments which must be made to complete themembership 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 created by Sections 5, 6, or 7 of Article VIII,the governor shall consider appropriate representationon the board by alumni of the institutions under thecontrol of the board.

§6. Mandatory Reorganization of StateGovernment

Section 6. The legislature shall allocate, withinnot more than twenty departments, the functions,powers, duties, and responsibilities of alldepartments, offices, agencies, and otherinstrumentalities within the executive branch, exceptthose allocated by this constitution. The allocation,which shall not be subject to veto by the governor,shall become operative not later than December 31,1977.



§7. Legislative Sessions Section 7. The legislature shall provide, by rule

or otherwise, for a recess, during the 1975 and 1976regular annual sessions, which shall be for at leasteight calendar days immediately after the first fifteencalendar days of the session.

§8. Civil Service Commission; State; Cities Section 8.(A) State Commission. Each person

who, on the effective date of this constitution, is amember of the State Civil Service Commission shallcontinue in such position for the remainder of theterm to which he was appointed. Within thirty daysafter the effective date of this constitution, thepresident of Xavier University of Louisiana shallsubmit three names to the governor for appointmentto the commission as provided in Article X, Section3. Within ninety days after the effective date of thisconstitution, one member of the commission shall beelected by the classified employees of the state fromtheir number as provided by law. The term of theseappointees shall be six years. Within thirty days afterthe expiration of the term of the present membernominated by the president of Louisiana StateUniversity and Agricultural and Mechanical College,the president of Dillard University shall submit threenames to the governor for appointment to thecommission as provided in Article X, Section 3. Theterm of this appointee shall be six years.

(B) City Commission. Each person who, on theeffective date of this constitution, is a member of theNew Orleans City Civil Service Commission shallcontinue in such position for the remainder of theterm to which he was appointed. Within thirty daysafter the effective date of this constitution, thepresidents of St. Mary's Dominican College andXavier University of Louisiana each shall submitthree names to the governing body of the city forappointment to the commission as provided in ArticleX, Section 4. Within thirty days after the expiration ofthe term of the present member nominated by thegoverning body of the city, the president of DillardUniversity shall submit three names to the governingbody of the city for appointment to the New OrleansCity Civil Service Commission as provided in ArticleX, Section 4. The term of these appointees shall besix years.

§9. Civil Service Officers; Employees; State; Cities Section 9. Upon the effective date of this

constitution, all officers and employees of the stateand of the cities covered hereunder who have status inthe classified service shall retain said status in theposition, class, and rank that they have on such date

and shall thereafter be subject to and governed by theprovisions of this constitution and the rules andregulations adopted under the authority hereof.

§10. Offshore Mineral Revenues; Use of Funds Section 10. Funds derived from offshore mineral

leases and held in escrow under agreement betweenthe state and the United States pending settlement ofthe dispute between the parties shall be deposited inthe state treasury when received. Upon suchsettlement, these funds and the interest from theirinvestment, except the portion otherwise allocated ordedicated by this constitution, shall be used by thestate treasurer to purchase, retire, or pay in advanceof maturity the existing bonded indebtedness of thestate or shall be invested for that purpose. If any ofthese funds cannot be so expended within one year,the legislature may appropriate annually, for capitalimprovements or for the purchase of land, ten percentof the remaining funds, not to exceed ten milliondollars 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 areimposed, due, or collectible on any property, mineralsor the severance thereof, or due or payable by anyperson, firm, or corporation on any businessoperation or activity within the tidelands area indispute between the state and the United States andwithin the state's historic gulfward boundary threeleagues from coast, as established and defined by theAct of Congress of April 8, 1812, which admitted thisstate into the Union, and as redefined in LouisianaAct No. 33 of 1954,1 shall prescribe until three yearsafter the thirty-first day of December in the year inwhich the controversy existing between the UnitedStates and this state over the state gulfward boundaryis finally resolved and settled in accordance with law.However, no interest charge or penalty shall beassessed or collected on any such tax, license, fee, orassessment if it is paid within one year after thethirty-first day of December in the year in which thecontroversy is finally resolved and settled. 1LSA-R.S. 49:1.

§12. Forfeitures Prior to 1880Section 12. Whenever any immovable property

has been forfeited or adjudicated to the state fornonpayment of taxes due prior to January 1, 1880,and the state did not sell or dispose of it or dispossessthe tax debtor or his heirs, successors, or assigns priorto the adoption of the Constitution of 1921, it shall be



presumed conclusively that the forfeiture oradjudication was irregular and null or that theproperty has been redeemed. The state and its assignsshall be estopped forever from claiming any title tothe property because of such forfeiture oradjudication.

§13. Effective Date of Property Tax Provisions Section 13. Section 18 and Section 20 of Article

VII shall become effective January 1 of the yearfollowing the end of three years after the effectivedate of this constitution. Until that date, theprovisions of the Constitution of 1921 governingmatters covered by those Sections shall continue toapply, notwithstanding any contrary expiration datestated in any provision thereof concerning theveterans' homestead exemption.

PART II

§14. Limitation on Transitional Provisions Section 14. Nothing in this Part shall be

construed or applied in such a manner as to supersedeor invalidate, or limit or change the meaning of anyprovision of the foregoing Articles of thisconstitution, but only to provide for an orderlytransition from the Constitution of 1921.

§15. Existing Officials Section 15. A person holding an office by

election shall continue to exercise his powers andduties until his office is abolished, his successor takesoffice or the office is vacated, as provided by law. Aperson holding an office by appointment shallcontinue to exercise his powers and duties until hisoffice is abolished, his term ends, or he is removed orreplaced under the provisions of this constitution orby law. Each public body shall continue to exerciseits powers and duties until changed as provided bythis constitution or by law.

§16. Provisions of 1921 Constitution MadeStatutory

Section 16.(A) Provisions Continued as Statutes.Subject to change by law or as otherwise provided inthis constitution, and except as any of them conflictswith this constitution, the following provisions of theConstitution of 1921 are continued as statutes, butrestricted to the same effect as on the effective date ofthis 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(l), 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

any dedications 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 through97.

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, 24.2through 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, 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 this Article shall be arranged in proper statutoryform and recommendations made for additional lawsand modifications as provided in R.S. 24:201 through256, or as otherwise provided by law.

§17. Provisions of Constitution of 1921 Repealed Section 17. Except to the extent provided in this

Article and except as retained in Articles I throughXIII of this constitution, the provisions of theConstitution of 1921 are repealed.

§18. Existing LawsSection 18.(A) Retention. Laws in force on the

effective date of this constitution, which wereconstitutional when enacted and are not in conflictwith this constitution, shall remain in effect untilaltered or repealed or until they expire by their ownlimitation.

(B) Expiration of Conflicting Law. Laws whichare in conflict with this constitution shall cease uponits effective 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, Section30.2 of the Constitution of 1921 shall become statutessubject to amendment or repeal only as provided in



Article VI, Section 43 of this constitution.

§20. Public Service Commission Section 20. At its next extraordinary or regular

session, the legislature shall divide the state into fivesingle-member districts as required by Article IV,Section 21(A) and shall provide for a special electionat which the two additional members of thecommission shall be elected, the initial term to beserved by each, and other matters necessary toeffectuate said Section 21(A).

PART III

§21. References to 1921 Constitution Section 21. Whenever reference is made in this

constitution to the Constitution of 1921, it shall meanthe Louisiana 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 inor with this constitution shall be considered orconstrued to be a part of this constitution, but to beinserted only for convenience 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 sentencesas punishment for crime shall be executed accordingto their terms.

§24. Protection of Existing TaxesSection 24. All taxes, penalties, fines, and

forfeitures owing to the state or any politicalsubdivision levied and collectible under theConstitution of 1921 and valid laws enactedthereunder shall inure to the entity entitled thereto.

§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 otherdebt obligations authorized under the Constitution of1921.

§26. Constitution Not Retroactive Section 26. Except as otherwise specifically

provided in this constitution, this constitution shallnot be retroactive and shall not create any right or

liability which did not exist under the Constitution of1921 based upon actions or matters occurring prior tothe effective date of this constitution.

§27. Legislative Provisions Section 27.(A) President of Senate. The

lieutenant governor in office on the effective date ofthis constitution shall continue to serve as presidentof the Senate until his term expires in 1976.

(B) First Session. The provisions of Article III ofthis constitution shall become effective for the firstsession of the legislature to be held in 1975 and eachsession thereafter. However, in 1976, the legislatureshall convene in regular session at twelve o'clocknoon on the second Monday in May, at which timethe members elected at the statewide election in 1976shall take office; otherwise, the legislature shallconduct that session as provided in Article III of thisconstitution.

(C) Legislative Auditor. The legislative auditorshall continue to exercise the powers and perform thefunctions set forth in Article VI, Section 26(2)* of theConstitution of 1921 until otherwise provided by law.

(D) Legislative Reapportionment. Therequirement for legislative reapportionment inSection 6 of Article III of this constitution shall applyto the reapportionment of the legislature following thedecennial census of 1980, and thereafter.*See, now, LSA-R.S. 24:511 et seq.

§28. Judiciary CommissionSection 28. The members of the judiciary

commission in office on the effective date of thisconstitution shall serve until the expiration of theirterms. Within thirty days after the effective date ofthis constitution, the additional two citizen membersshall be selected as required by Article V, Section 25.A lawyer member, as thereby required, shall beselected to succeed the judge of a court of recordother than a court of appeal whose term as a memberof the commission first expires. Thereafter, when avacancy occurs, the successor to the position shall beselected in accordance with Article V, Section 25.

§29. Repealed by Acts 1986, No. 1082, §2,approved Sept. 27, 1986, eff. Oct. 30,1986.

§30. Commissioner of Elections Section 30. The commissioner of elections, as

provided by Article IV, first elected under thisconstitution shall be elected to take office in 1976.The custodian of voting machines in office on theeffective date of this constitution shall continue to



exercise the functions of that office, without change,until the expiration of his term.

§31. Pardon Board Section 31. Until a pardon board is appointed

under the terms of this constitution, the lieutenantgovernor, attorney general, and presiding judge of thesentencing court shall continue to serve as a board ofpardons.

§32. Levee Districts; Compensation for PropertySection 32. The provisions of Article XVI,

Section 6 of the Constitution of 1921 shall becontinued as a statute, subject to change by thelegislature, and the amount of compensation thereinrequired to be paid for property used or destroyed forlevee or levee drainage purposes shall be paid asprovided in Section 6 of Article XVI of theConstitution of 1921 until the legislature enacts a lawto effectuate Article VI, Section 42 of thisconstitution.

§33. Suits Against the State; Effective Date Section 33. The provisions of Article XII,

Section 10 waiving the immunity of the state, itsagencies, or political subdivisions from suit andliability in contract or for injury to person or propertyonly shall apply to a cause of action arising after theeffective date of this constitution.

§34. Exemption from Seizure and SaleSection 34. The provisions of Article XI of the

Constitution of 1921 shall be continued as a statuteuntil the legislature enacts the law required by ArticleXII, Section 9 of this constitution, but the amount ofthe exemption shall be fifteen thousand dollars invalue until otherwise fixed by law.

§35. Effective Date Section 35. This constitution shall become

effective at twelve o'clock midnight on December 31,1974. The secretary of state shall promulgate theresults of the election by publication in the officialstate journal on the thirtieth day prior thereto;however, he shall announce the results of the electionwithin thirty days after the date of the election atwhich the constitution is submitted to the people.

§36. Effect of Adoption Section 36. Notwithstanding any contrary

provision of any law or the prior constitution, thisconstitution when approved by the electors of thisstate shall be the Constitution of the State ofLouisiana upon the effective date as provided in

Section 35 of this Article.

§37. Severability Clause Section 37. If any provision of this constitution is

declared invalid for any reason, that provision shallnot affect the validity of the entire constitution or anyother provision thereof.


BLANK


Appendix A

Constitutional Amendments

By Citation


BLANK


Art. Sec. Subsec. Year Session Act Eff. Date

1 4 (H)(1) 2010 RS 1052 12/1/2010

1 4 B 2006 RS 851 10/31/2006

1 4 G 2006 RS 853 10/31/2006

1 4 H 2006 RS 859 10/31/2006

1 4 1989 RS 840 11/7/1989

1 4 2003 RS 1295 11/6/2003

1 4 2003 RS 1304 11/6/2003

1 10 Unconstitutional 1997 RS 1492 11/5/1998

1 10.1 2018 RS 719 12/12/2018

1 11 2012 RS 874 12/10/2012

1 16 1995 RS 1322 12/23/1995

1 17 A 2010 RS 1053 12/1/2010

1 17 A 2018 RS 722 12/12/2018

1 17 1997 RS 1502 11/5/1998

1 18 1997 RS 1498 11/5/1998

1 20.1 2019 RS 447 12/10/2020

1 25 1997 RS 1487 11/5/1998

1 26 1997 RS 1494 11/5/1998

1 27 2004 RS 927 12/7/2004

3 2 (A)(2) 2012 RS 872 12/10/2012

3 2 (A)(3)(a) 2009 RS 537 1/1/2012

3 2 (A)(4)(a) 2009 RS 537 1/1/2012

3 2 A 1990 RS 1095 1/1/1992

3 2 A 1993 RS 1041 11/18/1993

3 2 A 2001 RS 1231 1/1/2004

3 2 B 2008 RS 937 12/8/2008

3 2 D 1989 RS 841 11/7/1989

3 4 E 1995 RS 1326 11/23/1995

3 4 F 2008 RS 931 12/8/2008

3 4 G 2009 RS 539 12/1/2010

3 13 2012 RS 876 12/10/2012

3 18 1989 RS 841 11/7/1989

3 19 1992 RS 1139 11/5/1992

3 19 2009 RS 537 1/1/2012

4 3 A 1986 RS 1082 10/30/19864 3 D 1986 RS 1082 10/30/1986

4 4 2009 RS 539 12/1/2010

4 5 (E)(1) 1999 RS 1398 11/25/1999

4 5 (E)(1) 1999 RS 1401 12/27/1999

4 15 2006 RS 858 10/31/2006

4 16 2006 RS 858 10/31/2006

4 21 A 2008 RS 935 12/8/2008

4 21 F 2009 RS 539 12/1/2010

4 22 2008 RS 935 12/8/2008

5 5 A 1987 RS 945 12/24/1987


5 5 D 1980 RS 843 7/1/1982

5 5 E 1980 RS 843 7/1/1982

5 8 B 1980 RS 843 7/1/1982

5 8 B 2010 RS 1051 12/1/2010

5 10 A 1990 RS 1098 11/8/1990

5 10 B 1990 RS 1098 11/8/1990

5 10 1980 RS 843 7/1/1982

5 15 A 2006 RS 862 1/1/2007

5 16 A 1993 RS 1040 11/3/1994

5 16 1990 RS 1098 11/8/1990

5 19 1979 RS 801 12/1/1979

5 19 1994 3rd ES 152 11/3/1994

5 22 B 1983 RS 728 11/23/1983

5 23 B 2003 RS 1296 1/1/2004

5 24 2006 RS 860 1/1/2008

5 33 B 1999 RS 1406 12/27/1999

5 35 2019 RS 446 11/18/2019

6 14 1991 RS 1066 11/21/1991

6 14 2006 RS 855 10/31/2006

6 21 A 2006 RS 851 10/31/2006

6 21 D 2006 RS 851 10/31/2006

6 26 E 1990 RS 1103 11/8/1990

6 26 E 2014 RS 870 12/10/2014

6 29 D 1996 RS 46 12/11/1996

6 30 1995 RS 1329 11/23/1995

6 30.1 1994 RS 48 11/3/1994

6 38 (A)(1) 2006 1st ES 43 10/31/2006

6 38.1 2006 1st ES 43 10/31/2006

6 39 2006 1st ES 43 10/31/2006

6 42 A 2006 RS 853 10/31/2006

7 1 1997 RS 1493 11/5/1998

7 2.1 1995 RS 1324 11/23/1995

7 2.2 2002 RS 88 1/1/2003

7 2.3 2011 RS 425 11/30/2011

7 3 1991 RS 1072 11/21/1991

7 4 (D)(4) 2009 RS 541 4/1/2012

7 4 A 2002 RS 88 1/1/2003

7 4 B 2020 RS 368 12/10/2020

7 4 C 1990 RS 1100 8/1/1990

7 4 D 1990 RS 1105 1/1/1991

7 4 D 1997 RS 1499 11/5/1998

7 4 D 2006 RS 864 7/1/2007

7 4.1 2011 RS 423 11/21/2011

7 5 1989 2nd ES 28 11/7/1989

7 6 B 1993 RS 1043 11/18/1993

7 6 F 1993 RS 1044 11/18/1993


7 7 B 1997 RS 1500 11/5/1998

7 10 (D)(2) 1997 RS 1501 11/5/1998

7 10 (D)(2)(b) 2011 RS 422 11/21/2011

7 10 (D)(2)(e) 2003 RS 1302 11/6/2003

7 10 (D)(2)(e) 2005 1st ES 69 10/31/2006

7 10 (D)(2)(f) 2003 RS 1302 11/6/2003

7 10 (D)(3) 2001 RS 1234 12/11/2002

7 10 (D)(3)(a) 2007 RS 483 11/19/2007

7 10 (D)(3)(c) 2007 RS 483 11/19/2007

7 10 (F)(4)(g) 2012 RS 873 12/10/2012

7 10 (F)(4)(h) 2016 RS 679 12/13/2016

7 10 (F)(4)(i) 2020 1st ES 38 12/10/2020

7 10 B 1993 RS 1042 11/18/1993

7 10 B 1997 RS 1501 11/5/1998

7 10 C 1993 RS 1045 11/18/1993

7 10 D 1993 RS 1042 11/18/1993

7 10 F 2001 RS 1236 12/11/2002

7 10 J 1993 RS 1045 11/18/1993

7 10 1990 RS 1096 11/8/1990

7 10.1 (C)(2) 1994 3rd ES 151 11/3/1994

7 10.1 (C)(2) 1998 1st ES 170 11/5/1998

7 10.1 (C)(3) 1998 1st ES 170 11/5/1998

7 10.1 (C)(4) 1998 1st ES 170 11/5/1998

7 10.1 (D)(1)(c) 1998 1st ES 170 11/5/1998

7 10.1 (D)(1)(intro) 1998 1st ES 170 11/5/1998

7 10.1 (D)(2)(a) 1998 1st ES 170 11/5/1998

7 10.1 (D)(2)(c) 1998 1st ES 170 11/5/1998

7 10.1 (D)(2)(intro) 1998 1st ES 170 11/5/1998

7 10.1 A 1994 3rd ES 151 11/3/1994

7 10.1 B 1994 3rd ES 151 11/3/1994

7 10.1 C 1989 RS 846 11/8/1990

7 10.1 1985 RS 1020 10/30/1986

7 10.1 1999 RS 1392 7/1/2000

7 10.11 Repealed 2006 RS 854 10/31/2006

7 10.11 2013 RS 434 12/10/2014

7 10.12 2004 RS 928 12/7/2004

7 10.13 2013 RS 438 12/10/2014

7 10.14 2013 RS 439 12/10/2014

7 10.15 2016 RS 679 12/13/2016

7 10.16 2016 RS 679 12/13/2016

7 10.2 B 2003 RS 1302 11/6/2003

7 10.2 C 2003 RS 1302 11/6/2003

7 10.2 F 2006 RS 854 10/31/2006

7 10.2 1989 2nd ES 24 11/7/1989

7 10.2 2005 1st ES 69 10/31/2006

7 10.3 (A)(2)(a)(intro) 2003 RS 1307 11/6/2003


7 10.3 (A)(5) 2020 RS 367 12/10/2020

7 10.3 1990 RS 1096 11/8/1990

7 10.3 1997 RS 1501 11/5/1998

7 10.3 (C)(3) 2020 RS 367 12/10/2020

7 10.3 (C)(4) 2020 RS 367 12/10/2020

7 10.3 (C)(5) 2020 RE 367 12/10/2020

7 10.4 1991 RS 1069 11/21/1991

7 10.5 B 2003 RS 1302 11/6/2003

7 10.5 B 2003 RS 1307 11/6/2003

7 10.5 B 2005 1st ES 69 10/31/2006

7 10.5 C 1995 RS 1325 11/23/1995

7 10.5 C 2003 RS 1302 11/6/2003

7 10.5 C 2005 1st ES 69 10/31/2006

7 10.5 1991 RS 1070 1/1/1992

7 10.6 1995 RS 1330 11/23/1995

7 10.7 1995 RS 1331 11/23/1995

7 10.8 (A)(1)(c) 2011 RS 423 11/21/2011

7 10.8 (A)(2) 2011 RS 423 11/21/2011

7 10.8 (A)(3) 2011 RS 423 11/21/2011

7 10.8 (A)(4) 2011 RS 423 11/21/2011

7 10.8 (C)(1) 2011 RS 423 11/21/2011

7 10.8 (C)(3)(b) 2019 RS 445 11/18/2019

7 10.8 (C)(3)(c) 2019 RS 445 11/18/2019

7 10.8 (C)(3)(d) 2019 RS 445 11/18/2019

7 10.8 (C)(3)(g) 2019 RS 445 11/18/2019

7 10.8 1999 RS 1392 7/1/2000

7 10.9 1999 RS 1392 7/1/2000

7 11 A 1993 RS 1045 11/18/19937 11 A 2001 RS 1234 12/11/2002

7 11 C 1993 RS 1045 11/18/1993

7 11 1990 RS 1096 11/8/1990

7 14 (B)(11) 2006 RS 856 10/31/2006

7 14 (B)(12) 2006 RS 857 10/31/2006

7 14 (B)(13) 2015 RS 471 11/26/2015

7 14 A 1999 RS 1402 12/27/1999

7 14 B 1983 RS 729 11/23/1983

7 14 B 1990 RS 1099 11/8/1990

7 14 B 1995 RS 1320 11/23/1995

7 14 B 1996 1st ES 97 12/11/1996

7 14 B 1998 RS 75 11/5/1998

7 14 B 1999 RS 1396 11/25/1999

7 14 B 1999 RS 1402 12/27/1999

7 14 B 2018 RS 717 12/12/2018

7 14 E 1999 RS 1395 11/25/1999

7 18 (G)(1)(a) 2002 RS 87 12/11/2002

7 18 (G)(1)(a)(i) 2005 RS 511 1/1/2007


7 18 (G)(1)(a)(iii) 2005 RS 511 1/1/2007

7 18 (G)(1)(a)(iv) 2005 RS 511 1/1/2007

7 18 (G)(1)(a)(ii) 2020 RS 369 12/10/2020

7 18 (G)(2)(a) 2002 RS 87 12/11/2002

7 18 (G)(2)(a) 2005 RS 511 1/1/2007

7 18 (G)(5) 2005 1st ES 70 10/31/2006

7 18 (G)(5) 2010 RS 1050 1/1/2011

7 18 (G)(6) 2018 RS 721 12/12/2018

7 18 A 1997 RS 1491 11/5/1998

7 18 A 2018 RS 718 12/12/2018

7 18 B 1979 RS 799 12/1/1979

7 18 F 2018 RS 718 12/12/2018

7 18 G 1997 RS 1491 11/5/1998

7 20 (A)(1) 1993 RS 1046 11/18/1993

7 20 (A)(10) 2005 1st ES 70 10/31/2006

7 20 (A)(10) 2010 RS 1050 1/1/2011

7 20 (A)(3) 2006 RS 852 10/31/2006

7 20 (A)(5) 2006 RS 852 10/31/2006

7 20 A 1980 RS 844 11/4/1980

7 20 A 2004 RS 929 12/7/2004

7 21 (B()1)(a) 2005 RS 510 1/1/2007

7 21 (C()19) 2005 RS 509 1/1/2007

7 21 (C)(18) 1996 RS 47 11/5/1996

7 21 (K)(1) 2012 RS 875 1/1/2013

7 21 (K)(1) 2013 RS 433 12/10/2014

7 21 (K)(3) 2013 RS 433 12/10/2014

7 21 (K)(4) 2018 RS 721 12/12/2018

7 21 (M)(1) 2017 RS 427 1/1/2018

7 21 (M)(4) 2018 RS 721 12/12/2018

7 21 A 2015 RS 470 11/26/2015

7 21 B 1989 RS 845 11/8/1990

7 21 C 1981 RS 942 10/16/1982

7 21 E 2005 RS 512 12/11/2006

7 21 G 1981 RS 943 10/16/1982

7 21 H 1981 RS 944 10/16/1982

7 21 H 1990 RS 1104 1/1/1991

7 21 I 1990 RS 1101 1/1/1991

7 21 J 2003 RS 1297 1/1/2004

7 21 K 2010 RS 1049 1/1/2011

7 21 L 2012 RS 871 1/1/2013

7 21 M 2016 RS 678 12/1/2016

7 21 N 2017 RS 428 11/16/2017

7 23 C 1997 RS 1496 11/5/1998

7 23 1980 2nd ES 1 12/9/1980

7 24 2006 RS 863 12/11/2006

7 25 (B)(3) 2013 RS 436 1/1/2015


7 25 A 1997 RS 1495 11/5/1998

7 25 B 1995 RS 1319 11/23/1995

7 27 (B)(1) 2018 RS 720 12/12/2018

7 27 B 2003 RS 1301 11/6/2003

7 27 B 2017 RS 429 11/16/2017

7 27 1989 RS 847 1/1/1990

7 28 2020 1st ES 38 12/10/2020

7 10-A 1987 RS 946 12/24/1987

8 3 A 1998 1st ES 170 11/5/1998

8 3 A 2003 RS 1293 11/6/2003

8 3 B 1979 RS 800 12/1/1979

8 3 B 2008 RS 935 12/8/2008

8 5 (B)(1) 2012 RS 870 12/10/2012

8 5 (D)(3) 1998 1st ES 170 11/5/1998

8 5 (D)(4) 1998 1st ES 170 11/5/1998

8 5 (D)(5) 1998 1st ES 170 11/5/1998

8 5 (D)(intro) 1998 1st ES 170 11/5/1998

8 5 A 1998 1st ES 170 11/5/1998

8 5 B 1998 1st ES 169 12/4/1998

8 5 B 2008 RS 935 12/8/2008

8 5 E 1998 1st ES 170 11/5/1998

8 6 (B)(1) 2012 RS 870 12/10/2012

8 6 A 1998 1st ES 168 12/4/1998

8 6 B 2008 RS 935 12/8/2008

8 7 (B)(1) 2012 RS 870 12/10/2012

8 7 B 2008 RS 935 12/8/2008

8 7.1 B 2008 RS 935 12/8/2008

8 7.1 1998 1st ES 170 11/5/1998

8 8 B 1980 RS 842 12/9/1980

8 8 D 2012 RS 870 12/10/2012

8 13 (D)(1) 2006 RS 861 12/11/2006

8 13 B 1987 RS 948 12/24/1987

8 13 D 1995 RS 1323 11/23/1995

8 13 D 1999 RS 1399 11/25/1999

8 13 D 1999 RS 1403 12/27/1999

8 15 1979 RS 800 12/1/1979

8 16 1997 RS 1488 11/5/1998

9 4 A 1995 RS 1332 11/23/1995

9 4 1992 RS 1142 11/5/1992

9 8 B 2008 RS 935 12/8/2008

9 9 1978 RS 797 12/12/1978

9 10 1983 RS 730 11/23/1983

10 1 A 1990 RS 1106 1/1/1991

10 2 (B)(11) 2009 RS 538 11/2/2010

10 2 (B)(12) 2009 RS 538 11/2/2010

10 2 (B)(13) 2009 RS 538 11/2/2010


10 3 A 2012 RS 870 12/10/2012

10 3 B 2008 RS 935 12/8/2008

10 4 B 1987 RS 949 12/24/1987

10 4 D 1987 RS 949 12/24/1987

10 4 E 1987 RS 949 12/24/1987

10 8 1982 RS 883 10/16/1982

10 10 (A)(1) 2007 RS 485 11/19/2007

10 10 (A)(2) 1995 RS 1327 11/23/1995

10 10 (A)(2) 2004 RS 930 12/7/2004

10 10 A 1989 RS 848 11/8/1990

10 10 A 1990 RS 1106 1/1/1991

10 12 1982 RS 883 10/16/1982

10 25.1 2002 1ES 166 12/11/2002

10 29 (E)(5) 2007 RS 484 11/19/2007

10 29 (E)(5) 2010 RS 1048 12/1/2010

10 29 C 2012 RS 872 12/10/2012

10 29 E 1987 RS 947 12/24/1987

10 29 F 2010 RS 1048 12/1/2010

10 29 G 2012 RS 868 12/10/2012

10 29.1 1996 1st ES 99 1/1/1997

10 41 1990 RS 1106 1/1/1991

10 42 1990 RS 1106 1/1/1991

10 43 A 2012 RS 870 12/10/2012

10 43 B 2008 RS 935 12/8/2008

10 43 1990 RS 1106 1/1/1991

10 44 1990 RS 1106 1/1/1991

10 45 1990 RS 1106 1/1/1991

10 46 1990 RS 1106 1/1/1991

10 47 1990 RS 1106 1/1/1991

10 48 (A)(2) 2004 RS 930 12/7/2004

10 48 1990 RS 1106 1/1/1991

10 49 1990 RS 1106 1/1/1991

10 50 1990 RS 1106 1/1/1991

10 51 1990 RS 1106 1/1/1991

11 5 2016 RS 677 12/13/2016

12 5 1995 RS 1321 11/23/1995

12 6 A 2003 RS 1305 7/1/2004

12 6 C 1996 1st ES 98 10/15/1996

12 6 1990 RS 1097 11/8/1990

12 8.1 (C)(1)(f) 2003 RS 1294 11/6/2003

12 8.1 (C)(1)(g) 2003 RS 1294 11/6/2003

12 8.1 (C)(1)(h) 2003 RS 1294 11/6/2003

12 8.1 A 1999 RS 1404 12/27/1999

12 8.1 F 1999 RS 1405 12/27/1999

12 8.1 1991 RS 1073 11/21/1991

12 10 C 1995 RS 1328 11/23/1995


12 15 2004 RS 926 10/19/2004

12 16 2011 RS 421 11/21/2011

13 1 A 2012 RS 872 12/10/2012

14 29 1986 RS 1082 10/30/1986


Appendix B

Constitutional Amendments

By Year


BLANK


Year Session Act Art. Sec. Subsec. Eff. Date

1978 RS 797 9 9 12/12/1978

1979 RS 799 7 18 B 12/1/1979

1979 RS 800 8 3 B 12/1/1979

1979 RS 800 8 15 12/1/1979

1979 RS 801 5 19 12/1/1979

1980 2nd ES 1 7 23 12/9/1980

1980 RS 842 8 8 B 12/9/1980

1980 RS 843 5 5 D 7/1/1982

1980 RS 843 5 5 E 7/1/1982

1980 RS 843 5 8 B 7/1/1982

1980 RS 843 5 10 7/1/1982

1980 RS 844 7 20 A 11/4/1980

1981 RS 942 7 21 C 10/16/1982

1981 RS 943 7 21 G 10/16/1982

1981 RS 944 7 21 H 10/16/1982

1982 RS 883 10 8 10/16/1982

1982 RS 883 10 12 10/16/1982

1983 RS 728 5 22 B 11/23/1983

1983 RS 729 7 14 B 11/23/1983

1983 RS 730 9 10 11/23/1983

1985 RS 1020 7 10.1 10/30/1986

1986 RS 1082 4 3 A 10/30/1986

1986 RS 1082 4 3 D 10/30/1986

1986 RS 1082 14 29 10/30/1986

1987 RS 945 5 5 A 12/24/1987

1987 RS 946 7 10-A 12/24/1987

1987 RS 947 10 29 E 12/24/1987

1987 RS 948 8 13 B 12/24/1987

1987 RS 949 10 4 B 12/24/1987

1987 RS 949 10 4 D 12/24/1987

1987 RS 949 10 4 E 12/24/1987

1989 2nd ES 24 7 10.2 11/7/1989

1989 2nd ES 28 7 5 11/7/1989

1989 RS 841 3 2 D 11/7/1989

1989 RS 841 3 18 11/7/1989

1989 RS 845 7 21 B 11/8/1990

1989 RS 840 1 4 11/7/1989

1989 RS 846 7 10.1 C 11/8/1990

1989 RS 847 7 27 1/1/1990

1989 RS 848 10 10 A 11/8/1990

1990 RS 1095 3 2 A 1/1/1992

1990 RS 1096 7 10 11/8/1990

1990 RS 1096 7 10.3 11/8/1990

1990 RS 1096 7 11 11/8/1990

1990 RS 1097 12 6 11/8/1990

1990 RS 1098 5 10 A 11/8/1990


1990 RS 1098 5 10 B 11/8/1990

1990 RS 1098 5 16 11/8/1990

1990 RS 1099 7 14 B 11/8/1990

1990 RS 1100 7 4 C 8/1/1990

1990 RS 1101 7 21 I 1/1/1991

1990 RS 1103 6 26 E 11/8/1990

1990 RS 1104 7 21 H 1/1/1991

1990 RS 1105 7 4 D 1/1/1991

1990 RS 1106 10 1 A 1/1/1991

1990 RS 1106 10 10 A 1/1/1991

1990 RS 1106 10 41 1/1/1991

1990 RS 1106 10 42 1/1/1991

1990 RS 1106 10 43 1/1/1991

1990 RS 1106 10 44 1/1/1991

1990 RS 1106 10 45 1/1/1991

1990 RS 1106 10 46 1/1/1991

1990 RS 1106 10 47 1/1/1991

1990 RS 1106 10 48 1/1/1991

1990 RS 1106 10 49 1/1/1991

1990 RS 1106 10 50 1/1/1991

1990 RS 1106 10 51 1/1/1991

1991 RS 1066 6 14 11/21/1991

1991 RS 1069 7 10.4 11/21/1991

1991 RS 1070 7 10.5 1/1/1992

1991 RS 1072 7 3 11/21/1991

1991 RS 1073 12 8.1 11/21/1991

1992 RS 1139 3 19 11/5/1992

1992 RS 1142 9 4 11/5/1992

1993 RS 1040 5 16 A 11/3/1994

1993 RS 1041 3 2 A 11/18/1993

1993 RS 1042 7 10 B 11/18/1993

1993 RS 1042 7 10 D 11/18/1993

1993 RS 1043 7 6 B 11/18/1993

1993 RS 1044 7 6 F 11/18/1993

1993 RS 1045 7 10 C 11/18/1993

1993 RS 1045 7 10 J 11/18/1993

1993 RS 1045 7 11 A 11/18/1993

1993 RS 1045 7 11 C 11/18/1993

1993 RS 1046 7 20 (A)(1) 11/18/1993

1994 3rd ES 151 7 10.1 A 11/3/1994

1994 3rd ES 151 7 10.1 B 11/3/1994

1994 3rd ES 151 7 10.1 (C)(2) 11/3/1994

1994 3rd ES 152 5 19 11/3/1994

1994 RS 48 6 30.1 11/3/1994

1995 RS 1319 7 25 B 11/23/1995

1995 RS 1320 7 14 B 11/23/1995

1995 RS 1321 12 5 11/23/1995


1995 RS 1322 1 16 12/23/1995

1995 RS 1323 8 13 D 11/23/1995

1995 RS 1324 7 2.1 11/23/1995

1995 RS 1325 7 10.5 C 11/23/1995

1995 RS 1326 3 4 E 11/23/1995

1995 RS 1327 10 10 (A)(2) 11/23/1995

1995 RS 1328 12 10 C 11/23/1995

1995 RS 1329 6 30 11/23/1995

1995 RS 1330 7 10.6 11/23/1995

1995 RS 1331 7 10.7 11/23/1995

1995 RS 1332 9 4 A 11/23/1995

1996 1st ES 97 7 14 B 12/11/1996

1996 1st ES 98 12 6 C 10/15/1996

1996 1st ES 99 10 29.1 1/1/1997

1996 RS 46 6 29 D 12/11/1996

1996 RS 47 7 21 (C)(18) 11/5/1996

1997 RS 1487 1 25 11/5/1998

1997 RS 1488 8 16 11/5/1998

1997 RS 1491 7 18 A 11/5/1998

1997 RS 1491 7 18 G 11/5/1998

1997 RS 1492 1 10 11/5/1998

1997 RS 1493 7 1 11/5/1998

1997 RS 1494 1 26 11/5/1998

1997 RS 1495 7 25 A 11/5/1998

1997 RS 1496 7 23 C 11/5/1998

1997 RS 1498 1 18 11/5/1998

1997 RS 1499 7 4 D 11/5/1998

1997 RS 1500 7 7 B 11/5/1998

1997 RS 1501 7 10 B 11/5/1998

1997 RS 1501 7 10 (D)(2) 11/5/1998

1997 RS 1501 7 10.3 11/5/1998

1997 RS 1502 1 17 11/5/1998

1998 1st ES 168 8 6 A 12/4/1998

1998 1st ES 169 8 5 B 12/4/1998

1998 1st ES 170 7 10.1 (C)(2) 11/5/1998

1998 1st ES 170 7 10.1 (C)(3) 11/5/1998

1998 1st ES 170 7 10.1 (C)(4) 11/5/1998

1998 1st ES 170 7 10.1 (D)(1)(intro) 11/5/1998

1998 1st ES 170 7 10.1 (D)(1)(c) 11/5/1998

1998 1st ES 170 7 10.1 (D)(2)(intro) 11/5/1998

1998 1st ES 170 7 10.1 (D)(2)(a) 11/5/1998

1998 1st ES 170 7 10.1 (D)(2)(c) 11/5/1998

1998 1st ES 170 8 3 A 11/5/1998

1998 1st ES 170 8 5 A 11/5/1998

1998 1st ES 170 8 5 (D)(intro) 11/5/1998

1998 1st ES 170 8 5 (D)(3) 11/5/1998

1998 1st ES 170 8 5 (D)(4) 11/5/1998


1998 1st ES 170 8 5 (D)(5) 11/5/1998

1998 1st ES 170 8 5 E 11/5/1998

1998 1st ES 170 8 7.1 11/5/1998

1998 RS 75 7 14 B 11/5/1998

1999 RS 1392 7 10.8 7/1/2000

1999 RS 1392 7 10.9 7/1/2000

1999 RS 1392 7 10.1 7/1/2000

1999 RS 1395 7 14 E 11/25/1999

1999 RS 1396 7 14 B 11/25/1999

1999 RS 1398 4 5 (E)(1) 11/25/1999

1999 RS 1399 8 13 D 11/25/1999

1999 RS 1401 4 5 (E)(1) 12/27/1999

1999 RS 1402 7 14 A 12/27/1999

1999 RS 1402 7 14 B 12/27/1999

1999 RS 1403 8 13 D 12/27/1999

1999 RS 1404 12 8.1 A 12/27/1999

1999 RS 1405 12 8.1 F 12/27/1999

1999 RS 1406 5 33 B 12/27/1999

2001 RS 1231 3 2 A 1/1/2004

2001 RS 1234 7 11 A 12/11/2002

2001 RS 1234 7 10 (D)(3) 12/11/2002

2001 RS 1236 7 10 F 12/11/2002

2002 1ES 166 10 25.1 12/11/2002

2002 RS 87 7 18 (G)(1)(a) 12/11/2002

2002 RS 87 7 18 (G)(2)(a) 12/11/2002

2002 RS 88 7 2.2 1/1/2003

2002 RS 88 7 4 A 1/1/2003

2003 RS 1293 8 3 A 11/6/2003

2003 RS 1294 12 8.1 (C)(1)(f) 11/6/2003

2003 RS 1294 12 8.1 (C)(1)(g) 11/6/2003

2003 RS 1294 12 8.1 (C)(1)(h) 11/6/2003

2003 RS 1295 1 4 11/6/2003

2003 RS 1296 5 23 B 1/1/2004

2003 RS 1297 7 21 J 1/1/2004

2003 RS 1300 7 10.11 1/1/2004

2003 RS 1301 7 27 B 11/6/2003

2003 RS 1302 7 10.2 B 11/6/2003

2003 RS 1302 7 10.2 C 11/6/2003

2003 RS 1302 7 10.5 B 11/6/2003

2003 RS 1302 7 10.5 C 11/6/2003

2003 RS 1302 7 10 (D)(2)(e) 11/6/2003

2003 RS 1302 7 10 (D)(2)(f) 11/6/2003

2003 RS 1304 1 4 116/2003

2003 RS 1305 12 6 A 7/1/2004

2003 RS 1307 7 10.3 (A)(2)(a)(intro) 11/6/2003

2003 RS 1307 7 10.5 B 11/6/2003

2004 RS 926 12 15 10/19/2004


2004 RS 927 1 27 12/7/2004

2004 RS 928 7 10.12 12/7/2004

2004 RS 929 7 20 A 12/7/2004

2004 RS 930 10 10 (A)(2) 12/7/2004

2004 RS 930 10 48 (A)(2) 12/7/2004

2005 1st ES 69 7 10 (D)(2)(e) 10/31/2006

2005 1st ES 69 7 10.2 10/31/2006

2005 1st ES 69 7 10.5 B 10/31/2006

2005 1st ES 69 7 10.5 C 10/31/2006

2005 1st ES 70 7 18 (G)(5) 10/31/2006

2005 1st ES 70 7 20 (A)(10) 10/31/2006

2005 RS 509 7 21 (C)(19) 1/1/2007

2005 RS 510 7 21 (B)(1)(a) 1/1/2007

2005 RS 511 7 18 (G)(1)(a)(i) 1/1/2007

2005 RS 511 7 18 (G)(1)(a)(iii) 1/1/2007

2005 RS 511 7 18 (G)(1)(a)(iv) 1/1/2007

2005 RS 511 7 18 (G)(2)(a) 1/1/2007

2005 RS 512 7 21 E 12/11/2006

2006 1st ES 43 6 38 (A)(1) 10/31/2006

2006 1st ES 43 6 38.1 10/31/2006

2006 1st ES 43 6 39 10/31/2006

2006 RS 851 1 4 B 10/31/2006

2006 RS 851 6 21 A 10/31/2006

2006 RS 851 6 21 D 10/31/2006

2006 RS 852 7 20 (A)(3) 10/31/2006

2006 RS 852 7 20 (A)(5) 10/31/2006

2006 RS 853 1 4 G 10/31/2006

2006 RS 853 6 42 A 10/31/2006

2006 RS 854 7 10.2 F 10/31/2006

2006 RS 854 7 10.11 Repealed 10/31/2006

2006 RS 855 6 14 10/31/2006

2006 RS 856 7 14 (B)(11) 10/31/2006

2006 RS 857 7 14 (B)(12) 10/31/2006

2006 RS 858 4 15 10/31/2006

2006 RS 858 4 16 10/31/2006

2006 RS 859 1 4 H 10/31/2006

2006 RS 860 5 24 1/1/2008

2006 RS 861 8 13 (D)(1) 12/11/2006

2006 RS 862 5 15 A 1/1/2007

2006 RS 863 7 24 12/11/2006

2006 RS 864 7 4 D 7/1/2007

2007 RS 483 7 10 (D)(3)(a) 11/19/2007

2007 RS 483 7 10 (D)(3)(c) 11/19/2007

2007 RS 484 10 29 (E)(5) 11/19/2007

2007 RS 485 10 10 (A)(1) 11/19/2007

2008 RS 931 3 4 F 12/8/2008

2008 RS 935 4 21 A 12/8/2008


2008 RS 935 4 22 12/8/2008

2008 RS 935 8 3 B 12/8/2008

2008 RS 935 8 5 B 12/8/2008

2008 RS 935 8 6 B 12/8/2008

2008 RS 935 8 7 B 12/8/2008

2008 RS 935 8 7.1 B 12/8/2008

2008 RS 935 9 8 B 12/8/2008

2008 RS 935 10 3 B 12/8/2008

2008 RS 935 10 43 B 12/8/2008

2008 RS 937 3 2 B 12/8/2008

2009 RS 537 3 2 (A)(3)(a) 1/1/2012

2009 RS 537 3 2 (A)(4)(a) 1/1/2012

2009 RS 537 3 19 1/1/2012

2009 RS 538 10 2 (B)(11) 11/2/2010

2009 RS 538 10 2 (B)(12) 11/2/2010

2009 RS 538 10 2 (B)(13) 11/2/2010

2009 RS 539 3 4 G 12/1/2010

2009 RS 539 4 4 12/1/2010

2009 RS 539 4 21 F 12/1/2010

2009 RS 541 7 4 (D)(4) 4/1/2012

2010 RS 1048 10 29 (E)(5) 12/1/2010

2010 RS 1048 10 29 F 12/1/2010

2010 RS 1049 7 21 K 1/1/2011

2010 RS 1050 7 18 (G)(5) 1/1/2011

2010 RS 1050 7 20 (A)(10) 1/1/2011

2010 RS 1051 5 8 B 12/1/2010

2010 RS 1052 1 4 (H)(1) 12/1/2010

2010 RS 1053 1 17 A 12/1/2010

2011 RS 421 12 16 11/21/2011

2011 RS 422 7 10 (D)(2)(b) 11/21/2011

2011 RS 423 7 4.1 11/21/2011

2011 RS 423 7 10.8 (A)(1)(c) 11/21/2011

2011 RS 423 7 10.8 (A)(2) 11/21/2011

2011 RS 423 7 10.8 (A)(3) 11/21/2011

2011 RS 423 7 10.8 (A)(4) 11/21/2011

2011 RS 423 7 10.8 (C)(1) 11/21/2011

2011 RS 425 7 2.3 11/30/2011

2012 RS 868 10 29 G 12/10/2012

2012 RS 870 8 5 (B)(1) 12/10/2012

2012 RS 870 8 6 (B)(1) 12/10/2012

2012 RS 870 8 7 (B)(1) 12/10/2012

2012 RS 870 8 8 D 12/10/2012

2012 RS 870 10 3 A 12/10/2012

2012 RS 870 10 43 A 12/10/2012

2012 RS 871 7 21 L 1/1/2013

2012 RS 872 3 2 (A)(2) 12/10/2012

2012 RS 872 10 29 C 12/10/2012


2012 RS 872 13 1 A 12/10/2012

2012 RS 873 7 10 (F)(4)(g) 12/10/2012

2012 RS 874 1 11 12/10/2012

2012 RS 875 7 21 (K)(1) 1/1/2013

2012 RS 876 3 13 12/10/2012

2013 RS 433 7 21 (K)(1) 12/10/2014

2013 RS 433 7 21 (K)(3) 12/10/2014

2013 RS 434 7 10.11 12/31/2014

2013 RS 436 7 25 (B)(3) 1/1/2015

2013 RS 438 7 10.13 12/10/2014

2013 RS 439 7 10.14 12/10/2014

2014 RS 870 6 26 E 12/10/2014

2015 RS 470 7 21 A 11/26/2015

2015 RS 471 7 14 (B)(13) 11/26/2015

2016 RS 677 11 5 12/13/2016

2016 RS 678 7 21 M 12/1/2016

2016 RS 679 7 10 (F)(4)(h) 12/13/2016

2016 RS 679 7 10.15 12/13/2016

2016 RS 679 7 10.16 12/13/2016

2017 RS 427 7 21 M(1) 1/1/2018

2017 RS 428 7 21 N 11/16/2017

2017 RS 429 7 27 B 11/16/2017

2018 RS 717 7 14 B 12/12/2018

2018 RS 718 7 18 A 12/12/2018

2018 RS 718 7 18 F 12/12/2018

2018 RS 719 1 10.1 12/12/2018

2018 RS 720 7 27 (B)(1) 12/12/2018

2018 RS 721 7 18 (G)(6) 12/12/2018

2018 RS 721 7 21 (K)(4) 12/12/2018

2018 RS 721 7 21 (M)(4) 12/12/2018

2018 RS 722 1 17 A 12/12/2018

2019 RS 445 7 10.8 (C)(3)(b) 11/18/2019

2019 RS 445 7 10.8 (C)(3)(c) 11/18/2019

2019 RS 445 7 10.8 (C)(3)(d) 11/18/2019

2019 RS 445 7 10.8 (C)(3)(g) 11/18/2019

2019 RS 446 5 35 11/18/2019

2019 RS 447 1 20.1 12/10/2020

2020 RS 367 7 10.3 (A)(5) 12/10/2020

2020 RS 367 7 10.3 (C)(3) 12/10/2020

2020 RS 367 7 10.3 (C)(4) 12/10/2020

2020 RS 367 7 10.3 (C)(5) 12/10/2020

2020 RS 368 7 4 B 12/10/2020

2020 RS 369 7 18 (G)(1)(a)(ii) 12/10/2020

2020 1st ES 38 7 10 (F)(4)(i) 12/10/2020

2020 1st ES 38 7 28 12/10/2020


louisiana constitution of 1974

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