State Constitutions

LOUISIANA

Louisiana Constitution of 1974

(including proposed amendments adopted in the 2001 Regular Session

to be submitted to the electors on November 5, 2002)

PREAMBLE

We, the people of Louisiana, grateful to Almighty God for the civil, political, economic, and religious liberties we

enjoy, and desiring to protect individual rights to life, liberty, and property; afford opportunity for the fullest

development of the individual; assure equality of rights; promote the health, safety, education, and welfare of the

people; maintain a representative and orderly government; ensure domestic tranquility; provide for the common

defense; and secure the blessings of freedom and justice to ourselves and our posterity, do ordain and establish 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 is

instituted to protect the rights of the individual and for the good of the whole. Its only legitimate ends are

to secure justice for all, preserve peace, protect the rights, and promote the happiness and general

welfare of the people. The rights enumerated in this Article are inalienable by the state and shall be

preserved inviolate 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 discriminate

against a person because of race or religious ideas, beliefs, or affiliations. No law shall arbitrarily,

capriciously, or unreasonably discriminate against a person because of birth, age, sex, culture, physical

condition, or political ideas or affiliations. Slavery and involuntary servitude are prohibited, except in the

latter case as punishment for crime.

§4. Right to Property

Section 4. Every person has the right to acquire, own, control, use, enjoy, protect, and dispose of

private property. This right is subject to reasonable statutory restrictions and the reasonable exercise of

the police power.

Property shall not be taken or damaged by the state or its political subdivisions except for public

purposes and with just compensation paid to the owner or into court for his benefit. Property shall not

be taken or damaged by any private entity authorized by law to expropriate, except for a public and

necessary purpose and with just compensation paid to the owner; in such proceedings, whether the.purpose is public and necessary shall be a judicial question. In every expropriation, a party has the right

to trial by jury to determine compensation, and the owner shall be compensated to the full extent of his

loss. No business enterprise or any of its assets shall be taken for the purpose of operating that

enterprise or halting competition with a government enterprise. However, a municipality may

expropriate a utility within its jurisdiction.

Personal effects shall never be taken. But the following property may be forfeited and disposed of

in a civil proceeding, as provided by law: contraband drugs; property derived in whole or in part from

contraband drugs; property used in the distribution, transfer, sale, felony possession, manufacture, or

transportation of contraband drugs; property furnished or intended to be furnished in exchange for

contraband drugs; property used or intended to be used to facilitate any of the above conduct; or other

property because the above described property has been rendered unavailable.

This Section shall not apply to appropriation of property necessary for levee and levee drainage

purposes.

Amended by Acts 1989, No. 840, §1, approved Oct. 7, 1989, eff. Nov. 7, 1989.

§5. Right to Privacy

Section 5. Every person shall be secure in his person, property, communications, houses, papers,

and effects against unreasonable searches, seizures, or invasions of privacy. No warrant shall issue

without probable cause supported by oath or affirmation, and particularly describing the place to be

searched, the persons or things to be seized, and the lawful purpose or reason for the search. Any

person adversely affected by a search or seizure conducted in violation of this Section shall have

standing to raise its illegality 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 lawful

occupant.

§7. Freedom of Expression

Section 7. No law shall curtail or restrain the freedom of speech or of the press. Every person may

speak, write, and publish his sentiments on any subject, 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 free

exercise thereof.

§9. Right of Assembly and Petition

Section 9. No law shall impair the right of any person to assemble peaceably or to petition

government for a redress of grievances.

§10. Right to Vote; Disqualification from Seeking or Holding an Elective Office.Section 10.(A) Right to Vote. Every citizen of the state, upon reaching eighteen years of age, shall

have the right to register and vote, except that this right may be suspended while a person is interdicted

and judicially declared mentally incompetent or is under an order of imprisonment for conviction of a

felony.

(B) Disqualification. The following persons shall not be permitted to qualify as a candidate for

elective public office or take public elective office or appointment of honor, trust, or profit in this state:

(1) A person who has been convicted within this state of a felony and who has exhausted all legal

remedies, or who has been convicted under the laws of any other state or of the United States or of any

foreign government or country of a crime which, if committed in this state, would be a felony and who

has exhausted all legal remedies and has not afterwards been pardoned either by the governor of this

state or by the officer of the state, nation, government or country having such authority to pardon in the

place where the person was convicted and sentenced.

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

desires to qualify as a candidate for or hold an elective office, who has been convicted of a felony and

who has served his sentence, but has not been pardoned for such felony, shall be permitted to qualify as

a candidate for or hold such office if the date of his qualifying for such office is more than fifteen years

after the date of the completion of his original sentence.

Acts 1997, No. 1492, §1, approved Oct. 3, 1998, eff. Nov. 5, 1998.

§11. Right to Keep and Bear Arms

Section 11. The right of each citizen to keep and bear arms shall not be abridged, but this provision

shall not prevent the passage of laws to prohibit the carrying of weapons concealed on the person.

§12. Freedom from Discrimination

Section 12. In access to public areas, accommodations, and facilities, every person shall be free

from discrimination based on race, religion, or national ancestry and from arbitrary, capricious, or

unreasonable discrimination based on age, sex, or physical condition.

§13. Rights of the Accused

Section 13. When any person has been arrested or detained in connection with the investigation or

commission of any offense, he shall be advised fully of the reason for his arrest or detention, his right to

remain silent, his right against self incrimination, his right to the assistance of counsel and, if indigent, his

right to court appointed counsel. In a criminal prosecution, an accused shall be informed of the nature

and cause of the accusation against him. At each stage of the proceedings, every person is entitled to

assistance of counsel of his choice, or appointed by the court if he is indigent and charged with an

offense punishable by imprisonment. The legislature shall provide 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 cases except 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 person

shall be held to answer for a capital crime or a crime punishable by life imprisonment except on

indictment by a grand jury. No person shall be twice placed in jeopardy for the same offense, except

on his application for a new trial, when a mistrial is declared, or when a motion in arrest of judgment is

sustained.

§16. Right to a Fair Trial

Section 16. Every person charged with a crime is presumed innocent until proven guilty and is

entitled to a speedy, public, and impartial trial in the parish where the offense or an element of the

offense occurred, unless venue is changed in accordance with law. No person shall be compelled to

give evidence against himself. An accused is entitled to confront and cross-examine the witnesses

against him, to compel the attendance of witnesses, to present a defense, and to testify in his own

behalf. However, nothing in this Section or any other section of this constitution shall prohibit the

legislature from enacting a law to require a trial court to instruct a jury in a criminal trial that the

governor is empowered to grant a reprieve, pardon, or commutation of sentence following conviction of

a crime, that the governor in exercising such authority may commute or modify a sentence of life

imprisonment without benefit of parole to a lesser sentence which includes the possibility of parole, may

commute a sentence of death to a lesser sentence of life imprisonment without benefit of parole, or may

allow the release of an offender either by reducing a life imprisonment or death sentence to the time

already served by the offender or by granting the offender a pardon.

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

Section 17.(A) Jury Trial in Criminal Cases. A criminal case in which the punishment may be capital

shall be tried before a jury of twelve persons, all of whom must concur to render a verdict. A case in

which the punishment is necessarily confinement at hard labor shall be tried before a jury of twelve

persons, ten of whom must concur to render a verdict. A case in which the punishment may be

confinement at hard labor or confinement without hard labor for more than six months shall be tried

before a jury of six persons, all of whom must concur to render a verdict. The accused shall have a right

to full voir dire examination of prospective jurors and to challenge jurors peremptorily. The number of

challenges shall be fixed by law. Except in capital cases, a defendant may knowingly and intelligently

waive his right to a trial by jury.

(B) Joinder of Felonies; Mode of Trial. Notwithstanding any provision of law to the contrary,

offenses in which punishment is necessarily confinement at hard labor may be charged in the same

indictment or information with offenses in which the punishment may be confinement at hard labor;

provided, however, that the joined offenses are of the same or similar character or are based on the

same act or transaction or on two or more acts or transactions connected together or constituting parts

of a common scheme or plan; and provided further, that cases so joined shall be tried by a jury

composed of twelve jurors, ten of whom must concur to render a verdict.

Acts 1997, No. 1502, §1, approved Oct. 3, 1998, eff. Nov. 5, 1998..§18. Right to Bail

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

bailable by sufficient surety, except when he is charged with a capital offense and the proof is evident

and the presumption of guilt is great. After conviction and before sentencing, a person shall be bailable

if the maximum sentence which may be imposed is imprisonment for five years or less; and the judge

may grant bail if the maximum sentence which may be imposed is imprisonment exceeding five years.

After sentencing and until final judgment, a person shall be bailable if the sentence actually imposed is

five years or less; and the judge may grant bail if the sentence actually imposed exceeds imprisonment

for five years.

(B) However, a person charged with a crime of violence as defined by law or with production,

manufacture, distribution, or dispensing or possession with intent to produce, manufacture, distribute, or

dispense a controlled dangerous substance as defined by the Louisiana Controlled Dangerous

Substances Law, and the proof is evident and the presumption of guilt is great, shall not be bailable if,

after a contradictory hearing, the judge or magistrate finds by clear and convincing evidence that there is

a substantial risk that the person may flee or poses an imminent danger to any other person or the

community.

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 property without

the right of judicial review based upon a complete record of all evidence upon which the judgment is

based. This right may be intelligently waived. The cost of transcribing the record shall be paid 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, or

unusual punishment. Full rights of citizenship shall be restored upon termination of state and federal

supervision following conviction for any offense.

§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

process of law and justice, administered without denial, partiality, or unreasonable delay, for injury to

him in his person, property, reputation, or other rights.

§23. Prohibited Laws

Section 23. No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall

be enacted..§24. Unenumerated Rights

Section 24. The enumeration in this constitution of certain rights shall not deny or disparage other

rights retained by the individual citizens of the state.

§25. Rights of a Victim

Section 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 under this Section. As defined by law, a victim of crime

shall have the right to reasonable notice and to be present and heard during all critical stages of

preconviction and postconviction proceedings; the right to be informed upon the release from custody

or the escape of the accused or the offender; the right to confer with the prosecution prior to final

disposition of the case; the right to refuse to be interviewed by the accused or a representative of the

accused; the right to review and comment upon the presentence report prior to imposition of sentence;

the right to seek restitution; and the right to a reasonably prompt conclusion of the case. The legislature

shall enact laws to implement this Section. The evidentiary and procedural laws of this state shall be

interpreted in a manner consistent with this Section.

Nothing in this Section shall be construed to inure to the benefit of an accused or to confer upon

any person the right to appeal or seek supervisory review of any judicial decision made in a criminal

proceeding. Nothing in this Section shall be the basis for an award of costs or attorney fees, for the

appointment of counsel for a victim, or for any cause of action for compensation or damages against the

state of Louisiana, a political subdivision, a public agency, or a court, or any officer, employee, or agent

thereof. Remedies to enforce the rights enumerated in this Section shall be provided by law.

Acts 1997, No. 1487, §1, approved Oct. 3, 1998, eff. Nov. 5, 1998.

§26. State Sovereignty

Section 26. The people of this state have the sole and exclusive right of governing themselves as a

free and sovereign state; and do, and forever hereafter shall, exercise and enjoy every power,

jurisdiction, and right, pertaining thereto, which is not, or may not hereafter be, by them expressly

delegated to the United States of America in congress assembled.

Acts 1997, No. 1494, §1, approved Oct. 3, 1998, eff. Nov. 5, 1998.

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

person holding office in one of them, shall exercise power belonging to either of the others..ARTICLE III.

LEGISLATIVE BRANCH

§1. Legislative Power; Composition; Continuous Body

Section 1.(A) Legislative Power of State. The legislative power of the state is vested in a legislature,

consisting of a Senate and a House of Representatives. The Senate shall be composed of one senator

elected from each senatorial district. The House of Representatives shall be composed of one

representative elected from each representative district.

(B) Continuous Body. The legislature is a continuous body during the term for which its members

are elected; however, a bill or resolution not finally passed in any session shall be withdrawn from the

files of the legislature.

§2. Sessions

Section 2.(A)(1) Annual Session. The legislature shall meet annually in regular session for a limited

number of legislative days in the state capital. A legislative day is a calendar day on which either house

is in session. Any bill to be introduced in either house shall be prefiled no later than five o'clock in the

evening of the Friday before the first day of a regular session; thereafter no member of the legislature

may introduce more than five bills, except as provided in the joint rules of the legislature. The legislature

is authorized to provide by joint rule for the procedures for passage of duplicate or companion

instruments.

(2) All regular sessions convening in odd-numbered years shall be general in nature and shall

convene at noon on the last Monday in March. The legislature shall meet in such a session for not more

than sixty legislative days during a period of eighty-five calendar days. No such session shall continue

beyond six o'clock in the evening of the eighty-fifth calendar day after convening. No new matter

intended to have the effect of law shall be introduced or received by either house after midnight of the

thirtieth calendar day. No matter intended to have the effect of law, except a measure proposing a

suspension of law, shall be considered on third reading and final passage in either house after midnight

of the fifty-fifth legislative day of a regular session, except by a favorable record vote of two-thirds of

the elected members of each house. No measure levying or authorizing a new tax by the state or by any

statewide political subdivision whose boundaries are coterminous with the state, increasing an existing

tax by the state or by any statewide political subdivision whose boundaries are coterminous with the

state, or legislating with regard to tax exemptions, exclusions, deductions or credits shall be introduced

or enacted during a regular session held in an odd-numbered year.

(3) All regular sessions convening in even-numbered years shall convene at noon on the last

Monday in April. Each such session shall be restricted to the consideration of legislation which provides

for enactment of a general appropriations bill, implementation of a capital budget, for making an

appropriation, levying or authorizing a new tax, increasing an existing tax, legislating with regard to tax

exemptions, exclusions, deductions, reductions, repeal, or credits, or issuing bonds. The legislature shall

meet in such a session for not more than thirty legislative days in a period of forty-five calendar days.

No such session shall continue beyond six o'clock in the evening of the forty-fifth calendar day after

convening. No new matter intended to have the effect of law shall be introduced or received by either.house after midnight of the tenth calendar day. No matter intended to have the effect of law, except a

measure proposing a suspension of law, shall be considered on third reading and final passage in either

house after midnight of the twenty-seventh legislative day of a regular session, except by a favorable

record vote of two-thirds of the elected members of each house.

[Acts 2001, No. 1231 proposal to amend §2(A): To be submitted to electors on November 5, 2002, to be

effective January 1, 2004.]

Section 2.(A) Annual Session. (1) The legislature shall meet annually in regular session for a limited

number of legislative days in the state capital. A legislative day is a calendar day on which either house is in

session.

(2) Any bill to be introduced in either house shall be prefiled no later than five o'clock in the evening of

the tenth calendar day prior to the first day of a regular session; thereafter no member of the legislature may

introduce more than five bills, except as provided in the joint rules of the legislature. The legislature is

authorized to provide by joint rule for the procedures for passage of duplicate or companion instruments.

(3)(a) All regular sessions convening in even-numbered years shall be general in nature and shall

convene at noon on the last Monday in March. The legislature shall meet in such a session for not more than

sixty legislative days during a period of eighty-five calendar days. No such session shall continue beyond six

o'clock in the evening of the eighty-fifth calendar day after convening. No new matter intended to have the

effect of law shall be introduced or received by either house after six o'clock in the evening of the twenty-third

calendar day. No matter intended to have the effect of law, except a measure proposing a suspension

of law, shall be considered on third reading and final passage in either house after six o'clock in the evening

of the fifty-seventh legislative day or the eighty-second calendar day, whichever occurs first, except by a

favorable record vote of two-thirds of the elected members of each house.

(b) No measure levying or authorizing a new tax by the state or by any statewide political subdivision

whose boundaries are coterminous with the state; increasing an existing tax by the state or by any statewide

political subdivision whose boundaries are coterminous with the state; or legislating with regard to tax

exemptions, exclusions, deductions or credits shall be introduced or enacted during a regular session held in

an even-numbered year.

(4)(a) All regular sessions convening in odd-numbered years shall convene at noon on the last Monday

in April. The legislature shall meet in such a session for not more than forty-five legislative days in a period

of sixty calendar days. No such session shall continue beyond six o'clock in the evening of the sixtieth

calendar day after convening. No new matter intended to have the effect of law shall be introduced or

received by either house after six o'clock in the evening of the tenth calendar day. No matter intended to have

the effect of law, except a measure proposing a suspension of law, shall be considered on third reading and

final passage in either house after six o'clock in the evening of the forty-second legislative day or fifty-seventh

calendar day, whichever occurs first, except by a favorable record vote of two-thirds of the elected

members of each house.

(b) During any session convening in an odd-numbered year, no matter intended to have the effect of law,

including any suspension of law, shall be introduced or considered unless its object is to enact the General

Appropriation Bill; enact the comprehensive capital budget; make an appropriation; levy or authorize a new

tax; increase an existing tax; levy, authorize, increase, decrease, or repeal a fee; dedicate revenue; legislate

with regard to tax exemptions, exclusions, deductions, reductions, repeals, or credits; or legislate with regard

to the issuance of bonds. In addition, a matter intended to have the effect of law, including a measure

proposing a suspension of law, which is not within the subject matter restrictions provided in this

Subparagraph may be considered at any such session if:

(i) It is prefiled no later than the deadline provided in Subparagraph (2) of this Paragraph, provided

that the member shall not prefile more than five such matters pursuant to this Subsubparagraph; or.(ii) Its object is to enact a local or special law which is required to be and has been advertised in

accordance with Section 13 of this Article and which is not prohibited by the provisions of Section 12 of this

Article.

(B) Extraordinary Session. The legislature may be convened at other times by the governor and

shall be convened by the presiding officers of both houses upon written petition of a majority of the

elected members of each house. The form of the petition shall be provided by law. At least five days

prior to convening the legislature in extraordinary session, the governor or the presiding officers, as the

case may be, shall issue a proclamation stating the objects of the session, the date on which it shall

convene, and the number of days for which it is convened. The power to legislate shall be limited, under

penalty of nullity, to the objects specifically enumerated in the proclamation. The session shall be limited

to the number of days stated therein, which shall not exceed thirty calendar days.

prior notice or proclamation in the event of public emergency caused by epidemic, enemy attack, or

public catastrophe.

(D) Organizational Session. The legislature shall meet in an organizational session in the state capitol

to be convened at ten o'clock in the morning on the day the members are required to take office. No

such session shall exceed three legislative days. The session shall be for the primary purpose of judging

the qualifications and elections of the members, taking the oath of office, organizing the two houses, and

selecting officers. No matter intended to have the effect of law shall be introduced at an organizational

session.

Amended by Acts 1989, No. 841, §1, approved Oct. 7, 1989, eff. Nov. 7, 1989; Acts 1990,

No. 1095, §1, approved Oct. 6, 1990, eff. Jan. 1, 1992; Acts 1993, No. 1041, §1, approved Oct.

16, 1993, eff. Nov. 18, 1993; Acts 2001, No. 1231, §1, eff. Jan. 1, 2004.

§3. Size

Section 3. The number of members of the legislature shall be provided by law, but the number of

senators shall not exceed thirty-nine and the number of representatives, one hundred five.

§4. Qualifications; Residence and Domicile Requirements; Term; Election Limitations;

Vacancies

Section 4.(A) Age; Residence; Domicile. An elector who at the time of qualification as a candidate

has attained the age of eighteen years, resided in the state for the preceding two years, and been

actually domiciled for the preceding year in the legislative district from which he seeks election is eligible

for membership in the legislature.

(B) Domicile; Special Provisions. However, at the next regular election for members of the

legislature following legislative reapportionment, an elector may qualify as a candidate from any district

created in whole or in part from a district existing prior to reapportionment if he was domiciled in that

prior district for at least one year immediately preceding his qualification and was a resident of the state

for the two years preceding his qualification. The seat of any member who changes his domicile from

the district he represents or, if elected after reapportionment, whose domicile is not within the district he

represents at the time he is sworn into office, shall be vacated thereby, any declaration of retention of.domicile to the contrary notwithstanding.

(D) Vacancy. A vacancy in the legislature shall be filled for the remainder of the term only by

election by the electors of the respective district as provided by law.

(E) Election Limitation. No person who has been elected to serve as a member of the Senate for

more than two and one-half terms in three consecutive terms, that service being during a term of office

that began on or after January 8, 1996, shall be elected to the Senate for the succeeding term. No

person who has been elected to serve as a member of the House of Representatives for more than two

and one-half terms in three consecutive terms, that service being during a term of office that began on or

after January 8, 1996, shall be elected to the House of Representatives for the succeeding term.

Acts 1995, No. 1326, §1, approved Oct. 21, 1995, eff. Nov. 23, 1995.

§5. Taking Office

Section 5.(A) Full Term. Members of the legislature shall take office on the same day as the

governor and other officials elected statewide.

(B) Filling Vacancy. A person elected to fill the remainder of an unexpired legislative term shall take

office within thirty days after the secretary of state promulgates 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

the population of this state is reported to the president of the United States for each decennial federal

census, the legislature shall reapportion the representation in each house as equally as practicable on the

basis of population shown by the census.

(B) Reapportionment by Supreme Court. If the legislature fails to reapportion as required in

Paragraph (A), the supreme court, upon petition of any elector, shall reapportion the representation in

each house as provided in Paragraph (A).

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

Subpoenas; Contempt; Officers

Section 7.(A) Judging Qualifications and Elections; Procedural Rules; Discipline; Expulsion. Each

house shall be the judge of the qualifications and elections of its members; shall determine its rules of

procedure, not inconsistent with the provisions of this constitution; may punish its members for

disorderly conduct or contempt; and may expel a member with concurrence of two-thirds of its elected

members. Expulsion creates a vacancy in the office.

(B) Subpoena Power; Contempt. Each house may compel the attendance and testimony of

witnesses and the production of books and papers before it, before any committee thereof, or before.joint committees of the houses and may punish those in willful disobedience of its orders for contempt.

from its membership. The presiding officers shall be the president of the Senate and the speaker of the

House of Representatives. The clerical officers shall be the clerk of the House of Representatives and

the secretary of the Senate, each of whom may administer oaths.

§8. Privileges and Immunities

Section 8. A member of the legislature shall be privileged from arrest, except for felony, during his

attendance at sessions and committee meetings of his house and while going to and from them. No

member shall be questioned elsewhere for any speech in either house.

§9. Conflict of Interest

Section 9. Legislative office is a public trust, and every effort to realize personal gain through official

conduct is a violation of that trust. The legislature shall enact a code of ethics prohibiting conflict

between public duty and private interests of members of the legislature.

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

Section 10.(A) Quorum. Not less than a majority of the elected members of each house shall form

a quorum to transact business, but a smaller number may adjourn from day-to-day and may compel the

attendance of absent members.

(B) Journal. Each house shall keep a journal of its proceedings and have it published immediately

after the close of each session. The journal shall accurately reflect the proceedings of that house,

including all record votes. A record vote is a vote by yeas and nays, with each member's vote published

in the journal.

days or to another place without consent of the other house.

§11. Legislative Auditor

Section 11. There shall be a legislative auditor responsible solely to the legislature. He shall serve as

a fiscal advisor to it and shall perform the duties and functions provided by law related to auditing fiscal

records of the state, its agencies, and political subdivisions. He shall be elected by the concurrence of a

majority of the elected members of each house and may be removed by the concurrence of two-thirds

of 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

not pass 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; authorizing the adoption or legitimation of children or the

emancipation of minors; affecting the estates of minors or persons under disabilities; granting divorces;

changing the law of descent or succession; giving effect to informal or invalid wills or deeds or to 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 any court, or changing the rules of evidence in any judicial

proceeding or inquiry before courts, or providing or changing methods for the collection of debts or the

enforcement of judgments, or prescribing the effects of judicial sales.

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

or alleys; relating to ferries and bridges, or incorporating bridge or ferry companies, except for the

erection of bridges crossing streams which form boundaries between this and any other state;

authorizing the constructing of street passenger railroads in any incorporated town or city.

(5) Exempting property from taxation; extending the time for the assessment or collection of taxes;

relieving an assessor or collector of taxes from the performance of his official duties or of his sureties

from liability; remitting fines, penalties, and forfeitures; refunding moneys legally paid into the treasury.

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

(7) Creating private corporations, or amending, renewing, extending, or explaining the charters

thereof; granting to any private corporation, association, or individual any special or exclusive right,

privilege, or immunity.

(8) Regulating the management of parish or city public schools, the building or repairing of parish or

city schoolhouses, and the raising of money for such purposes.

(9) Legalizing the unauthorized or invalid acts of any officer, employee, or agent of the state, its

agencies, or political subdivisions.

(10) Defining any crime.

(B) Additional Prohibition. The legislature shall not indirectly enact special or local laws by the

partial repeal or suspension of a general law.

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

Section 13. No local or special law shall be enacted unless notice of the intent to introduce a bill to

enact such a law has been published on two separate days, without cost to the state, in the official

journal of the locality where the matter to be affected is situated. The last day of publication shall be at

least thirty days prior to introduction of the bill. The notice shall state the substance of the contemplated

law, and every such bill shall recite that 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 Legislature.of Louisiana." It shall be unnecessary to repeat the enacting 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

law except by a bill introduced during that session, and propose no constitutional amendment except by

a joint resolution introduced during that session, which shall be processed as a bill. Every bill, except

the general appropriation bill and bills for the enactment, rearrangement, codification, or revision of a

system of laws, shall be confined to one object. Every bill shall contain a brief title indicative of its

object. Action on any matter intended to have the effect of law shall be taken only in open, public

meeting.

(B) No General Reference. A bill enacting, amending, or reviving a law shall set forth completely

the provisions of the law enacted, amended, or revived. No system or code of laws shall be adopted by

general reference to it.

germane to the bill as introduced.

(D) Three Readings. Each bill shall be read at least by title on three separate days in each house.

No bill shall be considered for final passage unless a committee has held a public hearing and reported

on the bill.

(E) Rejected bills; Reconsideration. No bill rejected by either house may again be introduced or

considered during the same session by the house which rejected it without the consent of a majority of

the members elected to that house.

(F) Concurrence in Amendments. No amendment to a bill by one house shall be concurred in by

the other, and no conference committee report shall be concurred in by either house except by the

same vote required for final passage of the bill. The vote thereon shall be by record vote.

(G) Majority Vote; Record Vote. No bill shall become law without the favorable vote of at least a

majority of the members elected to each house. Final passage of a bill shall be by record vote. In either

house, a record vote shall be taken on any matter upon the request of one-fifth of the elected members.

§16. Appropriations

Section 16.(A) Specific Appropriation for One Year. Except as otherwise provided by this

constitution, no money shall be withdrawn from the state treasury except through specific appropriation,

and no appropriation shall be made under the heading of contingencies or for longer than one year.

(B) Origin in House of Representatives. All bills for raising revenue or appropriating money shall

originate in the House of Representatives, but the Senate may propose or concur in amendments, as in

other bills.

shall contain only appropriations for the ordinary operating expenses of government, public charities,.pensions, and the public debt or interest thereon.

(D) Specific Purpose and Amount. All other bills for appropriating money shall be for a specific

purpose and amount.

(E) Extraordinary Session. Except for expenses of the legislature, a bill appropriating money in an

extraordinary session convened after final adjournment of the regular session in the last year of the term

of office of a governor shall require the favorable vote of three-fourths of the elected members 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 presiding

officers and delivered to the governor within three days after passage.

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

of the governor to become effective.

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

Section 18.(A) Gubernatorial Action. If the governor does not approve a bill, he may veto it. A bill,

except a joint resolution, shall become law if the governor signs it or if he fails to sign or veto it within

ten days after delivery to him if the legislature is in session on the tenth day after such delivery, or within

twenty days after delivery if the tenth day after delivery occurs after the legislature is adjourned.

(B) Veto Message. If the governor vetoes a bill, he shall return it to the legislature, with his veto

message within twelve days after delivery to him if the legislature is in session. If the governor returns a

vetoed bill after the legislature adjourns, he shall return it, with his veto message, as provided by law.

elected members of each house shall become law. The legislature shall meet in veto session in the state

capital at noon on the fortieth day following final adjournment of the most recent session, to consider all

bills vetoed by the governor. If the fortieth day falls on Sunday, the session shall convene at noon on the

succeeding Monday. No veto session shall exceed five calendar days, and any veto session may be

finally adjourned prior to the end of the fifth day upon a vote of two-thirds of the elected members of

each house.

(2) No veto session shall be held if a majority of the elected members of either house declare in

writing that a veto session is unnecessary. The declaration must be received by the presiding officer of

the respective houses at least five days prior to the day on which the veto session is to convene.

Acts 1989, No. 841, §1, approved Oct. 7, 1989, eff. Nov. 7, 1989.

§19. Effective Date of Laws

Section 19. All laws enacted during a regular session of the legislature shall take effect on August

fifteenth of the calendar year in which the regular session is held and all laws enacted during an

extraordinary session of the legislature shall take effect on the sixtieth day after final adjournment of the.extraordinary session in which they were enacted. All laws shall be published prior thereto in the official

journal of the state as provided by law. However, any bill may specify an earlier or later effective date.

Acts 1992, No. 1139, §1, aproved Oct. 3, 1992, eff. Nov. 5, 1992.

§20. Suspension of Laws

Section 20. Only the legislature may suspend a law, and then only by the same vote and, except for

gubernatorial veto and time limitations for introduction, according to the same procedures and

formalities required for enactment of that law. After the effective date of this constitution, every

resolution suspending a law shall fix the period of suspension, which shall not extend beyond the sixtieth

day after final adjournment of the next regular session.

ARTICLE IV.

EXECUTIVE BRANCH

§1. Composition; Number of Departments; Reorganization

Section 1.(A) Composition. The executive branch shall consist of the governor, lieutenant governor,

secretary of state, attorney general, treasurer, commissioner of agriculture, commissioner of insurance,

superintendent of education, commissioner of elections, and all other executive offices, agencies, and

instrumentalities of the state.

(B) Number of Departments. Except for the offices of governor and lieutenant governor, all offices,

agencies, and other instrumentalities of the executive branch and their functions, powers, duties, and

responsibilities shall be allocated according to function within not more than twenty departments. The

powers, functions, and duties allocated by this constitution to any executive office or commission shall

not be affected or diminished by the allocation provided herein except as authorized by Section 20 of

this Article.

agencies, and other instrumentalities of the executive branch, except those functions, powers, duties,

and responsibilities allocated by this constitution, shall be as provided by law.

§2. Qualifications

Section 2. To be eligible for any statewide elective office, a person, by the date of his qualification

as a candidate, shall have attained the age of twenty-five years, be an elector, and have been a citizen

of the United States and of this state for at least the preceding five years. In addition, the attorney

general shall have been admitted to the practice of law in the state for at least the five years preceding

his election. During his tenure in office, a statewide elected official shall hold no other public office

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, lieutenant

governor, secretary of state, attorney general, treasurer, commissioner of agriculture, commissioner of.insurance, superintendent of education, and commissioner of elections each shall be elected for a term

of four years by the electors of the state at the time and place of voting for members of the legislature.

The term of each such official shall begin at noon on the second Monday in January next following the

election.

(B) Limitation on Governor. A person who has served as governor for more than one and one-half

terms in two consecutive terms shall not be elected governor for the succeeding term.

statewide.

(D) Notwithstanding any other provision of this constitution or of law to the contrary, statewide

elected officials and members of the legislature elected in 1987 shall hold office from and after the

second Monday in March, 1988. These statewide elected officials and any successor elected to the

unexpired term of any of them shall serve for terms which shall expire at noon on January 13, 1992.

These members of the legislature and any successor elected to the unexpired term of any of them shall

serve for terms which shall expire at ten o'clock a.m. on January 13, 1992. Thereafter, statewide

elected officials and members of the legislature shall be elected for terms of four years. For purposes of

retirement, the statewide elected officials and members of the legislature elected in 1987 shall be

deemed 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 statewide

elected official shall be provided by law.

§5. Governor; Powers and Duties

Section 5.(A) Executive Authority. The governor shall be the chief executive officer of the state. He

shall faithfully support the constitution and laws of the state and of the United States and shall see that

the laws are faithfully executed.

(B) Legislative Reports and Recommendations. The governor shall, at the beginning of each regular

session, and may, at other times, make reports and recommendations and give information to the

legislature concerning the affairs of state, including its complete financial condition.

shall provide him with reports and information, in writing or otherwise, on any subject relating to the

department, except matters concerning investigations of the governor's office.

(D) Operating and Capital Budget. The governor shall submit to the legislature an operating budget

and a capital budget, as provided by Article VII, Section 11 of this constitution.

(E) Pardon, Commutation, Reprieve, and Remission; Board of Pardons. (1) The governor may

grant reprieves to persons convicted of offenses against the state and, upon favorable recommendation

of the Board of Pardons, may commute sentences, pardon those convicted of offenses against the state,.and remit fines and forfeitures imposed for such offenses. However, a first offender convicted of a non-violent

crime, or convicted of aggravated battery, second degree battery, aggravated assault, mingling

harmful substances, aggravated criminal damage to property, purse snatching, extortion, or illegal use of

weapons or dangerous instrumentalities never previously convicted of a felony shall be pardoned

automatically upon completion of his sentence, without a recommendation of the Board of Pardons and

without action by the governor.

(2) The Board of Pardons shall consist of five electors appointed by the governor, subject to

confirmation by the Senate. Each member of the board shall serve a term concurrent with that of the

governor appointing him.

(F) Receipt of Bills from the Legislature. The date and hour when a bill finally passed by the

legislature is delivered to the governor shall be endorsed thereon.

(G) Item Veto.

(1) Except as otherwise provided by this constitution, the governor may veto any line item in an

appropriation bill. Any item vetoed shall be void unless the veto is overridden as prescribed for the

passage of a bill over a veto.

(2) The governor shall veto line items or use means provided in the bill so that total appropriations

for the year shall not exceed anticipated revenues for that year.

(H) Appointments.

(1) The governor shall appoint, subject to confirmation by the Senate, the head of each department

in the executive branch whose election or appointment is not provided by this constitution and the

members of each board and commission in the executive branch whose election or appointment is not

provided by this constitution or by law.

(2) Should the legislature be in regular session, the governor shall submit for confirmation by the

Senate the name of an appointee within forty-eight hours after the appointment is made. Failure of the

Senate to confirm the appointment, prior to the end of the session, shall constitute rejection.

(3) If the legislature is not in regular session, the governor may make interim appointments, which

shall expire at the end of the next regular session, unless submitted to and confirmed by the Senate

during that session.

(4) A person not confirmed by the Senate shall not be appointed to the same office during any

recess of the legislature.

(I) Removal Power. The governor may remove from office a person he appoints, except a person

appointed for a term fixed by this constitution or by law.

(J) Commander-in-Chief. The governor shall be commander-in-chief of the armed forces of the

state, except when they are called into service of the federal government. He may call out these forces

to preserve law and order, to suppress insurrection, to repel invasion, or in other times of emergency..(K) Other Powers and Duties. The governor shall have other powers and perform other duties

authorized by this constitution or provided by law.

Amended by Acts 1999, No. 1398, §1, approved Oct. 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,

and commission on which the governor serves. He shall exercise the powers delegated to him by the

governor and shall have other powers and perform other duties in the executive branch authorized by

this constitution or 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

and shall be the chief election officer of the state. He shall prepare and certify the ballots for all

elections, promulgate all election returns, and administer the election laws, except those relating to voter

registration and custody of voting machines. He shall administer the state corporation and trademark

laws; serve as keeper of the Great Seal of the State of Louisiana and attest therewith all official laws,

documents, proclamations, and commissions; administer and preserve the official archives of the state;

promulgate and publish all laws enacted by the legislature and retain the originals thereof; and

countersign and keep an official registry of all commissions. He may administer oaths, and shall have

other powers and perform other duties authorized 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 be the

chief legal officer of the state. The attorney general shall be elected for a term of four years at the state

general election. The assistant attorneys general shall be appointed by the attorney general to serve at

his pleasure.

As necessary for the assertion or protection of any right or interest of the state, the attorney general

shall have authority (1) to institute, prosecute, or intervene in any civil action or proceeding; (2) upon

the written request of a district attorney, to advise and assist in the prosecution of any criminal case; and

(3) for cause, when authorized by the court which would have original jurisdiction and subject to

judicial review, (a) to institute, prosecute, or intervene in any criminal action or proceeding, or (b) to

supersede any attorney representing the state in any civil or criminal action.

The attorney general shall exercise other powers and perform other duties authorized by this

constitution or by law.

§9. Treasurer; Powers and Duties

Section 9. There shall be a Department of the Treasury. The treasurer shall head the department

and shall be responsible for the custody, investment, and disbursement of the public funds of the state,

except as otherwise provided by this constitution. He shall report annually to the governor and to the

legislature at least one month before each regular session on the financial condition of the state, and shall.have other powers and perform other duties authorized by this constitution or provided by law.

§10. Commissioner of Agriculture; Powers and Duties

Section 10. There shall be a Department of Agriculture. The commissioner of agriculture shall head

the department and shall exercise all functions of the state relating to the promotion, protection, and

advancement of agriculture, except research and educational functions expressly allocated by this

constitution or by law to other state agencies. The department shall exercise such functions and the

commissioner shall have other powers and perform other duties authorized by this constitution or

provided by law.

§11. Commissioner of Insurance; Powers and Duties

Section 11. There shall be a Department of Insurance, headed by the commissioner of insurance.

The department shall exercise such functions and the commissioner shall have powers and perform

duties authorized by this constitution or provided by law.

§12. Commissioner of Elections; Powers and Duties

Section 12. There shall be a Department of Elections and Registration. The commissioner of

elections shall head the department and shall administer the laws relating to custody of voting machines

and voter registration. He shall have other powers and perform other duties authorized by this

constitution or provided by law.

§13. First Assistants; Appointment

Section 13. Each statewide elected official except the governor and lieutenant governor shall

appoint a first assistant, subject to public confirmation by the Senate, and may remove him at his

pleasure. The official shall submit the appointment to the Senate in the manner and subject to the

procedures and limitations applicable to appointments submitted by the governor. The first assistant

shall possess the qualifications 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)

the elected lieutenant governor, (2) the elected secretary of state, (3) the elected attorney general, (4)

the elected treasurer, (5) the presiding officer of the Senate, (6) the presiding officer of the House of

Representatives, and then (7) as provided by law. The successor shall serve the remainder of the term

for which 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

a lieutenant governor, who shall take office upon confirmation by a majority vote of the elected

members of each house of the legislature.

§16. Vacancies in Other Statewide Elective Offices.Section 16. A vacancy in a statewide elective office other than that of governor or lieutenant

governor shall be filled by the first assistant. If the unexpired term exceeds one year, the office shall be

filled by election at the next regularly scheduled congressional or statewide election, and the first

assistant shall serve only until the person then elected takes office.

§17. Declaration of Inability by Statewide Elected Officials

Section 17. When a statewide elected official transmits to the presiding officers of the Senate and

House of Representatives a written declaration of his inability to discharge the powers and duties of his

office, and until he transmits to them a written declaration to the contrary, the person who would

succeed to the office when a vacancy occurs shall assume the powers and duties of the office as acting

official.

§18. Determination of Inability of Statewide Elected Official

Section 18.(A) Declaration and Counter-Declaration. When a majority of the statewide elected

officials determine that any other such official is unable to discharge the powers and duties of his office,

they shall transmit a written declaration to this effect to the presiding officer of each house and to the

official, and shall file a copy of the declaration in the office of the secretary of state. Thereafter, the

constitutional successor shall assume the office as acting official unless, within forty-eight hours after the

declaration is filed in the office of the secretary of state, the elected official files in that office and

transmits to the presiding officer of each house his written counter-declaration of his ability to exercise

the powers and perform the duties of his office.

(B) Determination by the Legislature. The legislature shall convene at noon on the third calendar

day after the filing of any counter-declaration, which may be filed by the official at any time. Should

two-thirds of the elected members of each house fail to adopt a resolution within seventy-two hours

declaring probable justification for the determination that inability exists, the official shall continue in or

resume office.

each house adopt a resolution declaring that probable justification exists for the declaration of inability,

the constitutional successor shall assume the powers and duties of the office and a copy of the

resolution shall be transmitted forthwith to the supreme court.

(D) Determination by Supreme Court. By preference and with priority over all other matters, the

supreme court shall determine the issue of inability after due notice and hearing, by a majority vote of

members elected to the court, under such rules as it may adopt.

(E) Reconsideration by Supreme Court. A judgment of the supreme court affirming inability may be

reconsidered by the court, after due notice and hearing, either upon its own motion or upon the

application of the official. Upon proper showing and by majority vote of its elected members, the court

may determine that no inability then exists, whereupon the official shall immediately resume the powers

and duties of his office.

§19. Temporary Absences.Section 19. When the governor is temporarily absent from the state, the lieutenant governor shall

act as governor. When any other statewide elected official is temporarily absent from the state, the

appointed first assistant shall act in his absence.

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

Section 20. After the first election of state officials following the effective date of this constitution,

the legislature may provide, by law enacted by two-thirds of the elected members of each house, for

appointment, in lieu of election, of the commissioner of agriculture, the commissioner of insurance, the

superintendent of education, the commissioner of elections, or any of them. In that event, the legislature

shall prescribe qualifications and method of appointment and by similar vote, may provide by law for

the merger or consolidation of any such office, its department, and functions with any other office or

department in the executive branch. No action of the legislature pursuant hereto shall reduce the term or

compensation of any incumbent elected official. By law enacted by two-thirds of the elected members

of each house, the legislature may reestablish any such office as elective and, in that event, shall

prescribe qualifications.

§21. Public Service Commission

Section 21.(A) Composition; Term; Domicile. There shall be a Public Service Commission in the

executive branch. It shall consist of five members, who shall be elected for overlapping terms of six

years at the time fixed for congressional elections from single member districts established by law. Each

commissioner serving on the effective date of this constitution shall be the commissioner for the new

district in which he resides and shall complete the term for which he was elected. The commission

annually shall elect one member as chairman. It shall be domiciled at the state capital, but may meet,

conduct investigations, and render orders elsewhere in this state.

(B) Powers and Duties. The commission shall regulate all common carriers and public utilities and

have such other regulatory authority as provided by law. It shall adopt and enforce reasonable rules,

regulations, and procedures necessary for the discharge of its duties, and shall have other powers and

perform other duties as provided by law.