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.

owned, operated, or regulated on the effective date of this constitution by the governing authority of one

or more political subdivisions, except by the approval of a majority of the electors voting in an election

held for that purpose; however, a political subdivision may reinvest itself with such regulatory power in

the manner in which it was surrendered. This Paragraph shall not apply to safety regulations pertaining

to the operation of such utilities.

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

(1) Within twenty days after a common carrier or public utility files a proposed rate schedule which

would result in a change in rates, it shall give notice thereof by publication in the official state journal and

in the official journal of each parish within the geographical area in which the schedule would become

applicable.

(2) Within twelve months after the effective filing date, the commission shall render a full decision on.each application, petition, and proposed rate schedule.

(3) After the effective filing date of any proposed schedule by a public utility which would result in a

rate increase, the commission may permit the proposed schedule to be put into effect, in whole or in

part, pending its decision on the application for rate increase and subject to protective bond or security

approved by the commission. If no decision is rendered on the application within twelve months after

such filing date, the proposed increase may be put into effect, but only if and as provided by law and

subject to protective bond or security requirements, until final action by a court of last resort.

(4) If a proposed increase which has been put into effect is finally disallowed, in whole or in part,

the utility shall make full refund, with legal interest thereon, within the time and in the manner prescribed

by law.

(E) Appeals. Appeal may be taken in the manner provided by law by any aggrieved party or

intervenor to the district court of the domicile of the commission. A right of direct appeal from any

judgment of the district court shall be allowed to the supreme court. These rights of appeal shall extend

to any action by the commission, including but not limited to action taken by the commission or by a

public utility under the provisions of Subparagraph (3) of Paragraph (D) of this Section.

ARTICLE V.

JUDICIAL BRANCH

§1. Judicial Power

Section 1. The judicial power is vested in a supreme court, courts of appeal, district courts, and

other courts authorized by this Article.

§2. Habeas Corpus, Needful Writs, Orders and Process; Contempt

Section 2. A judge may issue writs of habeas corpus and all other needful writs, orders, and

process in aid of the jurisdiction of his court. Exercise of this authority by a judge of the supreme court

or of a court of appeal is subject to review by the whole court. The power to punish for contempt of

court shall be limited by law.

§3. Supreme Court; Composition; Judgments; Terms

Section 3. The supreme court shall be composed of a chief justice and six associate justices, four of

whom must concur to render judgment. The term of a supreme 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 judge

shall be elected from each. The districts and the number of judges assigned to each on the effective date

of this constitution are retained, subject to change by law enacted by two-thirds of the elected members

of each house of the legislature..§5. Supreme Court; Jurisdiction; Rule-Making Power; Assignment of Judges

Section 5.(A) Supervisory Jurisdiction; Rule-Making Power; Assignment of Judges. The supreme

court has general supervisory jurisdiction over all other courts. It may establish procedural and

administrative rules not in conflict with law and may assign a sitting or retired judge to any court. The

supreme court shall have sole authority to provide by rule for appointments of attorneys as temporary

or ad hoc judges of city, municipal, traffic, parish, juvenile, or family courts.

(B) Original Jurisdiction. The supreme court has exclusive original jurisdiction of disciplinary

proceedings against a member of the bar.

supreme court in civil cases extends to both law and facts. In criminal matters, its appellate jurisdiction

extends only to questions of law.

(D) Appellate Jurisdiction. In addition to other appeals provided by this constitution, a case shall be

appealable to the supreme court if (1) a law or ordinance has been declared unconstitutional or (2) the

defendant has been convicted of a capital offense and a penalty of death actually has been imposed.

(E) Additional Jurisdiction until July 1, 1982. In addition to the provisions of Section 5(D) and

notwithstanding the provisions of Section 5(D), or Sections 10(A)(3) and 10(C), the supreme court

shall have exclusive appellate jurisdiction to decide criminal appeals where the defendant has been

convicted of a felony or a fine exceeding five hundred dollars or imprisonment exceeding six months

actually has been imposed, but only when an order of appeal has been entered prior to July 1, 1982

and shall have exclusive supervisory jurisdiction of all criminal writ applications filed prior to July 1,

1982 and of all criminal writ applications relating to convictions and sentences imposed prior to July 1,

1982.

(F) Appellate Jurisdiction; Civil Cases; Extent. Subject to the provisions in Paragraph (C), the

supreme court has appellate jurisdiction over all issues involved in a civil action properly before it.

Amended by Acts 1980, No. 843, §1, approved Nov. 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 the

chief administrative officer of the judicial system of the 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 personnel

and prescribe their duties.

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

Section 8.(A) Circuits; Panels. The state shall be divided into at least four circuits, with one court of

appeal in each. Each court shall sit in panels of at least three judges selected according to rules adopted.by the court.

(B) Judgments. A majority of the judges sitting in a case must concur to render judgment. However,

in civil matters only, when a judgment of a district court is to be modified or reversed and one judge

dissents, the case shall be reargued before a panel of at least five judges prior to rendition of judgment,

and a majority must concur to render judgment.

Amended by Acts 1980, No. 843, §1, approved Nov. 4, 1980, eff. July 1, 1982.

§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 be

elected from each. The circuits and districts and the number of judges as elected in each circuit on the

effective date of this constitution are retained, subject to change by law enacted by two-thirds of the

elected members 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 has

appellate jurisdiction of (1) all civil matters, including direct review of administrative agency

determinations in worker's compensation matters as heretofore or hereafter provided by law, (2) all

matters appealed from family and juvenile courts, and (3) all criminal cases triable by a jury, except as

provided in Section 5, Paragraph (D)(2) of this Article. It has supervisory jurisdiction over cases which

arise within its circuit.

(B) Scope of Review. Except as limited to questions of law by this constitution, or as provided by

law in the review of administrative agency determinations, appellate jurisdiction of a court of appeal

extends to law and facts. In the review of an administrative agency determination in a worker's

compensation matter, a court of appeal may render judgment as provided by law, or, in the interest of

justice, remand the matter to the administrative agency for further proceedings. In criminal cases its

appellate jurisdiction extends only to questions of law.

(E) of Section 5 or Paragraph (A)(3) of this Section, a defendant has a right of appeal or review, as

provided by law.

Amended by Acts 1980, No. 843, §1, approved Nov. 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

the supreme court then may give its binding instruction or decide 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 that.court and shall administer the court subject to rules adopted 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 parish

and served by at least one district judge.

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

Section 15.(A) Court Retention; Trial Courts of Limited Jurisdiction. The district, family, juvenile,

parish, city, and magistrate courts existing on the effective date of this constitution are retained. Subject

to the limitations in Sections 16 and 21 of this Article, the legislature by law may abolish or merge trial

courts of limited or specialized jurisdiction. The legislature by law may establish trial courts of limited

jurisdiction with parishwide territorial jurisdiction and subject matter jurisdiction which shall be uniform

throughout the state. The office of city marshal is continued until the city court he serves is abolished.

(B) Judicial Districts. The judicial districts existing on the effective date of this constitution are

retained. Subject to the limitations in Section 21 of this Article, the legislature by law may establish,

divide, or merge judicial districts with approval in a referendum in each district and parish affected.

(D) Number of Judges. The legislature may change the number of judges in any judicial district by

law enacted by two-thirds of the elected members of each house.

§16. District Courts; Jurisdiction

Section 16.(A) Original Jurisdiction. (1) Except as otherwise authorized by this constitution or

except as heretofore or hereafter provided by law for administrative agency determinations in worker's

compensation matters, a district court shall have original jurisdiction of all civil and criminal matters. (2)

It shall have exclusive original jurisdiction of felony cases and of cases involving title to immovable

property, except as provided in (3) below; the right to office or other public position; civil or political

right; probate and succession matters; except for administrative agency determination provided for in

(1) above, the state, a political corporation, or political subdivisions, or a succession, as a defendant;

and the appointment of receivers or liquidators for corporations or partnerships. (3) The legislature may

provide by law that a family court has jurisdiction of cases involving title to movable and immovable

property when those cases relate to the partition of community property and the settlement of claims

arising from matrimonial regimes when such action arises as a result of divorce or annulment of

marriage.

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

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

§17. District Courts; Chief Judge

Section 17. Each district court shall elect from its members a chief judge who shall exercise, for a

term designated by the court, the administrative functions prescribed by rule of court.

§18. Juvenile and Family Courts; Jurisdiction

Section 18. Notwithstanding any contrary provision of Section 16 of this Article, juvenile and family

courts shall have jurisdiction as provided by law.

§19. Special Juvenile Procedures

Section 19. The determination of guilt or innocence, the detention, and the custody of a person who

is alleged to have committed a crime prior to his seventeenth birthday shall be pursuant to special

juvenile procedures which shall be provided by law. However, the legislature may (1) by a two-thirds

vote of the elected members of each house provide that special juvenile procedures shall not apply to

juveniles arrested for having committed first or second degree murder, manslaughter, aggravated rape,

armed robbery, aggravated burglary, aggravated kidnapping, attempted first degree murder, attempted

second degree murder, forcible rape, simple rape, second degree kidnapping, a second or subsequent

aggravated battery, a second or subsequent aggravated burglary, a second or subsequent offense of

burglary of an inhabited dwelling, or a second or subsequent felony-grade violation of Part X or X-B of

Chapter 4 of Title 40 of the Louisiana Revised Statutes of 1950, involving the manufacture, distribution,

or possession with intent to distribute controlled dangerous substances, and (2) by two-thirds vote of

the elected members of each house lower the maximum ages of persons to whom juvenile procedures

shall apply, and (3) by two-thirds vote of the elected members of each house establish a procedure by

which the court of original jurisdiction may waive special juvenile procedures in order that adult

procedures shall apply in individual cases. The legislature, by a majority of the elected members of each

house, shall make special provisions for detention and custody of juveniles who are subject to the

jurisdiction of the district court pending determination of guilt or innocence.

Amended by Acts 1979, No. 801, §1, approved Oct. 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 Courts

Section 20. Mayors' courts and justice of the peace courts existing on the effective date of this

constitution are continued, subject to change by law.

§21. Judges; Decrease in Terms and Compensation Prohibited

Section 21. The term of office, retirement benefits, and compensation of a judge shall not be

decreased during the term for which he is elected.

§22. Judges; Election; Vacancy

Section 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 a vacancy in the office of a judge shall be filled by

special election called by the governor and held within twelve months after the day on which the

vacancy occurs or the judgeship is established, except when the vacancy occurs in the last twelve

months of an existing term. Until the vacancy is filled, the supreme court shall appoint a person meeting

the qualifications for the office, other than domicile, to serve at its pleasure. The appointee shall be

ineligible as a candidate at the election to fill the vacancy or the newly-created judicial office. No person

serving as an appointed judge, other than a retired judge, shall be eligible for retirement benefits

provided for the elected judiciary.

December thirty-first of the last year of his term or, if the last year of his term is not in the year of a

regular congressional election, then through December thirty-first of the following year. The election for

the next term shall be held in the year in which the term expires, as provided above.

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

§23. Judges; Retirement

Section 23.(A) Retirement System. Within two years after the effective date of this constitution, the

legislature shall provide for a retirement system for judges which shall apply to a judge taking office

after the effective date of the law enacting the system and in which a judge in office at that time may

elect to become a member, with credit for all prior years of judicial service and without contribution

therefor. The retirement benefits and judicial service rights of a judge in office or retired on the effective

date of this constitution 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 in

office beyond his seventieth birthday.

§24. Judges; Qualifications

Section 24. A judge of the supreme court, a court of appeal, district court, family court, parish

court, or court having solely juvenile jurisdiction shall have been admitted to the practice of law in this

state for at least five years prior to his election, and shall have been domiciled in the respective district,

circuit, or parish for the two years preceding election. He shall not practice law.

§25. Judiciary Commission

Section 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

the practice of law for at least three years but not more than ten years, selected by the Conference of

Court of Appeal Judges or its successor. They shall not be judges, active or retired, or public officials,

other than notaries public; and.(3) three citizens, not lawyers, judges active or retired, or public officials, selected by the Louisiana

District Judges' Association or its successor.

(B) Term; Vacancy. A member of the commission shall serve a four-year term and shall be

ineligible to succeed himself. His term shall end upon the occurrence of any event which would have

made him ineligible for appointment. When a vacancy occurs, a successor shall be appointed for a

four-year term by the authority which appointed his predecessor.

suspend with or without salary, remove from office, or retire involuntarily a judge for willful misconduct

relating to his official duty, willful and persistent failure to perform his duty, persistent and public

conduct prejudicial to the administration of justice that brings the judicial office into disrepute, conduct

while in office which would constitute a felony, or conviction of a felony. On recommendation of the

judiciary commission, the supreme court may disqualify a judge from exercising any judicial function,

without loss of salary, during pendency of proceedings in the supreme court. On recommendation of the

judiciary commission, the supreme court may retire involuntarily a judge for disability that seriously

interferes with the performance of his duties and that is or is likely to become permanent. The supreme

court shall make rules implementing this Section and providing for confidentiality and privilege of

commission proceedings.

(D) Other Disciplinary Action. Action against a judge under this Section shall not preclude

disciplinary action against him concerning his license to practice law.

§26. District Attorneys

Section 26.(A) Election; Qualifications; Assistants. In each judicial district a district attorney shall

be elected for a term of six years. He shall have been admitted to the practice of law in the state for at

least five years prior to his election and shall have resided in the district for the two years preceding

election. A district attorney may select assistants as authorized by law, and other personnel.

(B) Powers. Except as otherwise provided by this constitution, a district attorney, or his designated

assistant, shall have charge of every criminal prosecution by the state in his district, be the representative

of the state before the grand jury in his district, and be the legal advisor to the grand jury. He shall

perform other duties provided by law.

defend or assist in defending any criminal prosecution or charge. A violation of this Paragraph shall be

cause for removal.

§27. Sheriffs

Section 27. In each parish a sheriff shall be elected for a term of four years. He shall be the chief

law enforcement officer in the parish, except as otherwise provided by this constitution, and shall

execute court orders and process. He shall be the collector of state and parish ad valorem taxes and

such 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 be

elected for a term of four years. He shall be ex officio notary public and parish recorder of

conveyances, mortgages, and other acts and shall have other duties and powers provided by law. The

clerk may appoint deputies with duties and powers provided by law and, with the approval of the

district judges, he may appoint minute clerks with duties and powers provided by law.

(B) Office Hours. The legislature shall establish uniform statewide office hours for clerks of the

district courts.

§29. Coroners

Section 29. In each parish a coroner shall be elected for a term of four years. He shall be a licensed

physician and possess the other qualifications and perform the duties provided by law. The requirement

that he be a licensed physician shall be inapplicable in any parish in which no licensed physician will

accept the office.

[Acts 2001, No. 1230 proposal to amend §29: To be submitted to electors on November 5, 2002.]

Section 29. In each parish a coroner shall be elected for a term of four years. He shall be a licensed

physician and possess the other qualifications and perform the duties provided by law. The requirement that

he be a licensed physician shall be inapplicable in any parish in which no licensed physician will accept the

office. The qualifications for the office of coroner in Livingston Parish may be provided for by law.

Amended by Acts 2001, §1230, §1.

§30. Vacancies

Section 30. When a vacancy occurs in the following offices, the duties of the office, until it is filled

by election as provided by law, shall be assumed by the persons herein designated: (1) sheriff, by the

chief criminal deputy; (2) district attorney, by the first assistant; (3) clerk of a district court, by the chief

deputy; (4) coroner, by the chief deputy. If there is no such person to assume the duties when the

vacancy occurs, the governing authority or authorities of the parish or parishes concerned shall appoint

a qualified person to assume the duties of the office until 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 diminished during 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 of this constitution, the following courts and officers in

Orleans Parish are continued, subject to change by law; the civil and criminal district courts; the city,

municipal, traffic, and juvenile courts; the clerks of the civil and criminal district courts; the civil and

criminal sheriffs; the constables and the clerks of the first and second city courts; the register of

conveyances; and the recorder of mortgages..§33. Jurors

Section 33.(A) Qualifications. A citizen of the state who has reached the age of majority is eligible

to serve as a juror within the parish in which he is domiciled. The legislature may provide additional

qualifications.

(B) Exemptions. Persons who are seventy years of age or older shall be exempt from jury service

and may decline to serve as jurors, but may elect to serve as jurors if they meet the other qualifications

for service as jurors. The supreme court shall provide by rule for other grounds for the exemption of

jurors.

Amended by Acts 1999, No. 1406, §1, approved Nov. 20, 1999, eff. Dec. 27, 1999.

§34. Grand Jury

Section 34.(A) Grand Jury. There shall be a grand jury or grand juries in each parish, whose

qualifications, duties, and responsibilities shall be provided by law. The secrecy of the proceedings,

including the identity of witnesses, shall be provided by law.

(B) Right to Counsel. The legislature may establish by law terms and conditions under which a

witness may have the right to the advice of counsel while testifying before the grand jury.

ARTICLE VI.

LOCAL GOVERNMENT

PART I. GENERAL PROVISIONS

§1. Parishes

Section 1.(A) Parishes and Boundaries Ratified. Parishes and their boundaries as established on the

effective date of this constitution are recognized and ratified.

(B) Creation; Dissolution; Merger; Boundaries. The legislature by law may establish and organize

new parishes, dissolve and merge parishes, and change parish boundaries if approved by two-thirds of

the electors in each parish affected voting thereon at an election held for that purpose.

of changing the parish seat. The parish seat shall be changed if approved by two-thirds of the electors

voting thereon.

(D) Adjustment of Assets and Liabilities. When a parish is enlarged or established from contiguous

territory, it shall be entitled to a just proportion of the property and assets and shall be liable for a just

proportion of the existing debts and liabilities of the parish 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 local or special law shall create a municipal corporation or

amend, modify, or repeal a municipal charter. However, a special legislative charter existing on the

effective date of this constitution may be amended, modified, or repealed by local or special law.

§3. Classification

Section 3. The legislature may classify parishes or municipalities according to population or on any

other reasonable basis related to the purpose of the classification. Legislation may be limited in its effect

to any of such class or classes.

§4. Existing Home Rule Charters and Plans of Government

Section 4. Every home rule charter or plan of government existing or adopted when this constitution

is adopted shall remain in effect and may be amended, modified, or repealed as provided therein.

Except as inconsistent with this constitution, each local governmental subdivision which has adopted

such a home rule charter or plan of government shall retain the powers, functions, and duties in effect

when this constitution is adopted. If its charter permits, each of them also shall have the right to powers

and functions granted to other local governmental 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 this Section. The governing authority of a local governmental subdivision may appoint

a commission to prepare and propose a charter or an alternate charter, or it may call an election to

elect such a commission.

(B) Petition to Elect Commission. The governing authority shall call an election to elect such a

commission when presented with a petition signed by not less than ten percent of the electors or ten

thousand electors, whichever is fewer, who live within the boundaries of the affected subdivision, as

certified by the registrar of voters.

when approved by a majority of the electors voting thereon at an election held for that purpose.

(D) Adoption by Two or More Local Governmental Subdivisions. Two or more local governmental

subdivisions within the boundaries of one parish may adopt a home rule charter under this Section if

approved by a majority of the electors in each affected local governmental subdivision voting thereon in

an election held for that purpose. The legislature shall provide by law the method of appointment or

election of a commission to prepare and propose a charter consistent with Paragraph (A) of this

Section and the method by which the electors may petition for an election consistent with Paragraph (B)

of this Section. However, at least one member of the commission shall be elected or appointed from

each affected local governmental subdivision.

(E) Structure and Organization; Powers; Functions. A home rule charter adopted under this Section

shall provide the structure and organization, powers, and functions of the government of the local

governmental subdivision, which may include the exercise of any power and performance of any.function necessary, requisite, or proper for the management of its affairs, not denied by general law or

inconsistent with this constitution.

(F) Additional Powers and Functions. Except as prohibited by its charter, a local governmental

subdivision adopting a home rule charter under this Section shall have the additional powers and

functions granted to local governmental subdivisions by other provisions of this constitution.

(G) Parish Officials and School Boards Not Affected. No home rule charter or plan of government

shall contain any provision affecting a school board or the offices of district attorney, sheriff, assessor,

clerk of a district court, or coroner, which is inconsistent 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 the effect of which changes or affects the structure and

organization or the particular distribution and redistribution of the powers and functions of any local

governmental subdivision which operates under a home rule charter.

§7. Powers of Other Local Governmental Subdivisions

Section 7.(A) Powers and Functions. Subject to and not inconsistent with this constitution, the

governing authority of a local governmental subdivision which has no home rule charter or plan of

government may exercise any power and perform any function necessary, requisite, or proper for the

management of its affairs, not denied by its charter or by general law, if a majority of the electors voting

in an election held for that purpose vote in favor of the proposition that the governing authority may

exercise such general powers. Otherwise, the local governmental subdivision shall have the powers

authorized by this constitution or by law.

(B) Parish Officials and School Boards Not Affected. Nothing in this Section shall affect the

powers and functions of a school board or the offices of district attorney, sheriff, assessor, clerk of a

district court, or coroner.

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

Section 8. No parish plan of government or home rule charter shall prohibit the incorporation of a

city, town, or village as provided by general law.

§9. Limitations of Local Governmental Subdivisions

Section 9.(A) Limitations. No local governmental subdivision shall (1) define and provide for the

punishment of a felony; or (2) except as provided by law, enact an ordinance governing private or civil

relationships.

(B) Police Power Not Abridged. Notwithstanding any provision of this Article, the police power of

the state shall never be abridged.

§10. Codification of Ordinances.Section 10. Within two years after the effective date of this constitution, the governing authority of

each political subdivision shall have a code prepared containing all of its general ordinances. When the

code is prepared, the governing authority shall make copies available for public distribution. All general

ordinances adopted after the approval of the code shall be amendments or additions to the code.

§11. Local Officials

Section 11. The electors of each local governmental subdivision shall have the exclusive right to

elect their governing authority. Nothing herein shall be construed to prohibit the election of the members

from single-member districts.

§12. Local Officials; Compensation

Section 12. The compensation or method of fixing the compensation of an elected official of any

local governmental subdivision which operates under a home rule charter or plan of government, as

provided in Sections 4 and 5 of this Article, shall be provided in its charter. The compensation or

method of fixing the compensation of an elected official of any other local governmental subdivision shall

be provided by law. Compensation of a local official shall not be reduced during the term for which he

is elected.

§13. Vacancies

Section 13.(A) Vacancy; Appointment. Except as otherwise provided by this constitution, a

vacancy in any local office filled by election wholly within the boundaries of a local governmental

subdivision or a school district shall be filled by appointment by the particular governing authority of the

local governmental subdivision or school district in which the vacancy occurs, until it is filled by election

as provided by law.

(B) Exception. This Section shall apply to each local governmental subdivision unless otherwise

provided by its home rule charter or plan of government.

§14. Increasing Financial Burden of Political Subdivisions

Section 14.(A) No law or state executive order, rule, or regulation requiring increased expenditures

for any purpose shall become effective within a political subdivision until approved by ordinance

enacted, or resolution adopted, by the governing authority of the affected political subdivision or until,

and only as long as, the legislature appropriates funds for the purpose to the affected political

subdivision and only to the extent and amount that such funds are provided, or until a law provides for a

local source of revenue within the political subdivision for the purpose and the affected political

subdivision is authorized by ordinance or resolution to levy and collect such revenue and only to the

extent and amount of such revenue. This Section shall not apply to a school board.

(B) This Section shall not apply to:

(1) A law requested by the governing authority of the affected political subdivision.

(2) A law defining a new crime or amending an existing crime..(3) A law enacted and effective prior to the adoption of the amendment of this Section by the

electors of the state in 1991.

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

federal mandate.

(5) A law providing for civil service, minimum wages, hours, working conditions, and pension and

retirement benefits, or vacation or sick leave benefits for firemen and municipal policemen.

(6) Any instrument adopted or enacted by two-thirds of the elected members of each house of the

legislature and any rule or regulation adopted to implement such instrument or adopted pursuant

thereto.

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

Acts 1991, No. 1066, §1, approved Oct. 19, 1991, eff. Nov. 21, 1991.

§15. Local Governmental Subdivisions; Control Over Agencies

Section 15. The governing authority of a local governmental subdivision shall have general power

over any agency heretofore or hereafter created by it, including, without limitation, the power to abolish

the agency and require prior approval of any charge or tax 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 merge into

itself any special district or local public agency, except a school district, situated and having jurisdiction

entirely within the boundaries of the local governmental subdivision. Upon the consolidation and merger,

the local governmental subdivision shall succeed to and be vested with all of the rights, revenues,

resources, jurisdiction, authority, and powers of the special district or local public agency. A

consolidation and merger shall become effective only if approved by a majority of the electors voting

thereon in the local governmental subdivision as a whole and by a majority of the electors voting

thereon in the affected special district. A local public agency shall be consolidated and merged only if

approved by a majority of the electors voting thereon in an election held for that purpose in the local

governmental subdivision in which the agency is located.

(B) Assumption of Debt. If the special district or local public agency which is consolidated and

merged has outstanding indebtedness, the authority provided by this Section shall not be exercised

unless provision is made for the assumption of the indebtedness by the governing authority of the local

governmental subdivision involved.

§17. Land Use; Zoning; Historic Preservation

Section 17. Subject to uniform procedures established by law, a local governmental subdivision

may (1) adopt regulations for land use, zoning, and historic preservation, which authority is declared to

be a public purpose; (2) create commissions and districts to implement those regulations; (3) review

decisions of any such commission; and (4) adopt standards for use, construction, demolition, and

modification of areas and structures. Existing constitutional authority for historic preservation.commissions is retained.

§18. Industrial Areas

Section 18.(A) Authorization. The legislature by law may authorize parishes to create and define

industrial areas within their boundaries in accordance with procedures and subject to regulations which

it determines. An industrial area shall not be a political subdivision of the state.

(B) Access by Public Road; Police Protection. When an industrial area is so created, provision

shall be made for access by public road to each entrance to the premises of every plant in the area,

which is provided for use by employees of the company, or for use by employees of independent

contractors working on the premises, or for delivery of materials or supplies, other than by rail or water

transportation, to the premises. Police protection provided by any plant in an industrial area shall be

confined to the premises of that plant.

§19. Special Districts; Creation

Section 19. Subject to and not inconsistent with this constitution, the legislature by general law or

by local or special law may create or authorize the creation of special districts, boards, agencies,

commissions, and authorities of every type, define their powers, and grant to the special districts,

boards, agencies, commissions, and authorities so created such rights, powers, and authorities as it

deems proper, including, but not limited to, the power of taxation 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

any authorized power and function, including financing, jointly or in cooperation with one or more

political subdivisions, either within or without the state, or with the United States or its agencies.

§21. Assistance to Local Industry

Section 21.(A) Authorization. In order to (1) induce and encourage the location of or addition to

industrial enterprises therein which would have economic impact upon the area and thereby the state,

(2) provide for the establishment and furnishing of such industrial plant, or (3) provide movable or

immovable property, or both, for pollution control facilities, the legislature by law may authorize, subject

to restrictions it may impose, any political subdivision, deep-water port commission, or deep-water

port, harbor, and terminal district to

(a) issue bonds, subject to approval by the State Bond Commission or its successor, and use the

funds derived from the sale of the bonds to acquire and improve industrial plant sites and other property

necessary to the purposes thereof;

(b) acquire, through purchase, donation, exchange, and (subject to Article I, Section 4)

expropriation, and improve industrial plant buildings and industrial plant equipment, machinery,

furnishings, and appurtenances; and

(c) sell, lease, lease-purchase, or demolish all or any part of the foregoing..(B) Property Expropriated; Sale to Aliens Prohibited. No property expropriated under the

authority of this Section shall ever, directly or indirectly, be sold or donated to any foreign power, any

alien, or any corporation in which the majority of the stock is controlled by any foreign power, alien

corporation, or alien.

§22. Procedure for Certain Special Elections

Section 22. When an election is required in a political subdivision under the provisions of this

constitution which require submission to the electors of a proposition or question, the election shall be

called, conducted, and the returns thereof canvassed, in accordance with the procedures established by

the law then in effect pertaining to elections for incurring bonded indebtedness and special taxes relative

to local finance, or as may be otherwise provided by law.

§23. Acquisition of Property

Section 23. Subject to and not inconsistent with this constitution and subject to restrictions provided

by general law, political subdivisions may acquire property for any public purpose by purchase,

donation, expropriation, exchange, or otherwise.

§24. Servitudes of Way; Acquisition by Prescription

Section 24. The public, represented by local governmental subdivisions, may acquire servitudes of

way 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

established or affected only as provided in Article V of this constitution.

PART II. FINANCE

§26. Parish Ad Valorem Tax

Section 26.(A) Parish Tax for General Purposes; Millage Limits; Increase. The governing authority

of a parish may levy annually an ad valorem tax for general purposes not to exceed four mills on the

dollar of assessed valuation. However, in Orleans Parish the limitation shall be seven mills, and in

Jackson Parish the limitation shall be five mills. Millage rates may be increased in any parish when

approved by a majority of the electors voting thereon in an election held for that purpose.

(B) Millage Increase Not for General Purposes. When the millage increase is for other than general

purposes, the proposition shall state the specific purpose or purposes for which the tax is to be levied

and the length of time the tax is to remain in effect. All proceeds of the tax shall be used solely for the

purpose or purposes set forth in the proposition.

(C) Parish Tax in Municipality. The amount of the parish tax for general purposes which any parish,.except Orleans Parish, may levy, without a vote of the electors, on property located wholly within any

municipality which has a population exceeding one thousand inhabitants according to the last federal

decennial census, or other census authorized by law, and which provides and maintains a system of

street paving, shall not exceed one-half the tax levy for general purposes.

(D) Withdrawal from Parish Taxing Authority. This Section shall not affect the withdrawal of

property in a municipality from parish taxing authority, in whole or in part, by a provision of the

legislative charter of a municipality in effect on the effective date of this constitution.

(E) Additional Taxes for Orleans Parish. In addition to any millage authorized by Paragraph (A) of

this Section, the governing authority of Orleans Parish may levy annually, for the year 1991 and

thereafter, an additional ad valorem tax for fire protection not to exceed five mills on the dollar of

assessed valuation and an additional ad valorem tax for police protection not to exceed five mills on the

dollar of assessed valuation. The millage rates for such additional ad valorem taxes may not be

increased. Notwithstanding the provisions of Article VII, Section 20(A), the homestead exemption shall

not extend to such additional ad valorem taxes. Provided, however, that the additional revenues

generated by these fire and police millages shall not displace, replace, or supplant funding by the city of

New Orleans for fire and police protection for calendar year 1990 nor shall the level of funding for such

purposes by the city for that calendar year be decreased below such level in any calendar year

hereafter. In the event of either of the above, the authorization for such fire and police millages herein

shall be null, void, and of no effect. This provision shall mean that no appropriation for any calendar

year from such additional revenues shall be made for any purpose for which a city appropriation was

made in the previous year unless the total appropriations for that calendar year from the city for such

purpose exceed city appropriations for the previous year. This provision shall in no way limit city

appropriations in excess of the minimum amounts herein established.

Amended by Acts 1990, No. 1103, §1, approved Oct. 6, 1990, eff. Nov. 8, 1990.

§27. Municipal Ad Valorem Tax

Section 27.(A) Municipal Tax for General Purposes; Millage Limits; Increase. The governing

authority of a municipality may levy annually an ad valorem tax for general purposes not to exceed

seven mills on the dollar of assessed valuation. However, if a municipality, by its charter or by law, is

exempt from payment of parish taxes or, under legislative or constitutional authority, maintains its own

public schools, it may levy an annual tax not to exceed ten mills on the dollar of assessed valuation.

Millage rates may be increased in any municipality when approved by a majority of the electors voting

thereon in an election held for that purpose.

(B) Millage Increase Not for General Purposes. When the millage increase is for other than general

purposes, the proposition shall state the specific purpose or purposes for which the tax is to be levied

and the length of time the tax is to remain in effect. All proceeds of the tax shall be used solely for the

purpose or purposes set forth in the proposition.

§28. Local Governmental Subdivisions; Occupational License Tax

Section 28. The governing authority of a local governmental subdivision may impose an.occupational license tax not greater than that imposed by the state. Those who pay a municipal

occupational license tax shall be exempt from a parish occupational license tax in the amount of the

municipal tax. The governing authority of a local governmental subdivision may impose an occupational

license tax greater than that imposed by the state when authorized by law enacted by the favorable vote

of two-thirds of the elected members of each house of the legislature.

§29. Local Governmental Subdivisions and School Boards; Sales Tax

Section 29.(A) Sales Tax Authorized. Except as otherwise authorized in a home rule charter as

provided for in Section 4 of this Article, the governing authority of any local governmental subdivision

or school board may levy and collect a tax upon the sale at retail, the use, the lease or rental, the

consumption, and the storage for use or consumption, of tangible personal property and on sales of

services as defined by law, if approved by a majority of the electors voting thereon in an election held

for that purpose. The rate thereof, when combined with the rate of all other sales and use taxes,

exclusive of state sales and use taxes, levied and collected within any local governmental subdivision,

shall not exceed three percent.

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

law, may authorize the imposition of additional sales and use taxes by local governmental subdivisions

or school boards, if approved by a majority of the electors voting thereon in an election held for that

purpose.

on the effective date of this constitution or affect or impair the security of any bonds payable from the

proceeds of the tax.

(D) Exemptions; Protection of Bonds. Except when bonds secured thereby have been authorized,

the legislature may provide for the exemption or exclusion of any goods, tangible personal property, or

services from sales or use taxes only pursuant to one of the following:

(1) Exemptions or exclusions uniformly applicable to the taxes of all local governmental

subdivisions, school boards, and other political subdivisions whose boundaries are not coterminous with

those of the state.

(2) Exemptions or exclusions applicable to the taxes of the state or applicable to political

subdivisions whose boundaries are coterminous with those of the state, or both.

(3) Exemptions or exclusions uniformly applicable to the taxes of all the tax authorities in the state.

Amended by Acts 1996, No. 46, §1, approved Nov. 5, 1996, eff. Dec. 11, 1996.

§30. Political Subdivisions; Taxing Power

Section 30.(A) A political subdivision may exercise the power of taxation, subject to limitations

elsewhere provided by this constitution, under authority granted by the legislature for parish, municipal,

and other local purposes, strictly public in their nature. This Section shall not affect similar grants to

political subdivisions under self-operative sections of this constitution..(B) Notwithstanding the provisions of Paragraph (A) of this Section, or any other provision of law

to the contrary, no political subdivision shall submit the same tax proposition, or a new tax proposition

that includes such a tax proposition, to the electorate more than once within a six month period except

in the case of an emergency as determined by the governing authority of the political subdivision.

Amended by Acts 1995, No. 1329, §1, approved Oct. 21, 1995, eff. Nov. 23, 1995.

§30.1. Bonding and Taxing Authority of Certain Political Subdivisions and Other Public

Entities

Section 30.1.(A) The Louisiana Recovery District shall have no power or authority, directly or

indirectly, to incur debt or issue bonds after the effective date of this Section except to refund any such

outstanding debt or bonds at a lower effective rate of interest. Any debt or bonds issued and

outstanding on the effective date of this Section, or any debt incurred or bonds issued to refund such

indebtedness or bonds as authorized by this Section shall be retired no later than the end of Fiscal Year

1998-1999. At such time as there is no debt or bonds of the Louisiana Recovery District outstanding,

the Louisiana Recovery District shall cease to exist and any authority or power of the district shall be

null and void. The Louisiana Recovery District shall not levy a new tax or increase any existing tax of

the district.

(B) The legislature shall not grant any power of taxation or power to incur debt or issue bonds to

any one or more political subdivisions, special districts, agencies, boards, commissions, or other

authorities created by the legislature for the purpose of generating revenue for the state whose boundary

or combined boundaries are coterminous with the state, except by law enacted by a favorable record

vote of two-thirds of the elected members of each house of the legislature. This Paragraph shall not

apply to the Louisiana Recovery District.

subdivision, special district, agency, board, commission, municipality, parish, school board, levee

district, 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 or

constitutional authority on the effective date of this constitution is ratified.

§32. Special Taxes; Authorization

Section 32. For the purpose of acquiring, constructing, improving, maintaining, or operating any

work of public improvement, a political subdivision may levy special taxes when authorized by a

majority of the electors in the political subdivision who vote thereon in an election held for that purpose.

§33. Political Subdivisions; General Obligation Bonds

Section 33.(A) Authorization. Subject to approval by the State Bond Commission or its successor,

general obligation bonds may be issued only after authorization by a majority of the electors voting on

the proposition at an election in the political subdivision issuing the bonds. Bonds to refund outstanding.indebtedness at the same or at a lower effective rate of interest, even though payable solely from ad

valorem taxes, need not be authorized at an election if the indebtedness refunded is paid or cancelled at

the time of the delivery of the refunding bonds, or if money, or securities made eligible for such purpose

by law, are deposited in escrow in an adequate amount, with interest, to be utilized solely to retire the

refunded indebtedness or bonds and to pay interest thereon and redemption premiums, if any, to the

time of retirement.

(B) Full Faith and Credit. The full faith and credit of a political subdivision is hereby pledged to the

payment of general obligation bonds issued by it under this constitution or the statute or proceedings

pursuant to which they are issued. The governing authority of the issuing political subdivision shall levy

and collect or cause to be levied and collected on all taxable property in the political subdivision ad

valorem taxes sufficient to pay principal and interest and redemption premiums, if any, on such bonds as

they mature.

§34. Limitations on Bonded Indebtedness

Section 34. The legislature by law shall fix the limitation on bonded indebtedness payable solely

from ad valorem taxes levied by political subdivisions.

§35. Contesting Political Subdivision Bonds

Section 35.(A) Contesting Election; Time Limit. For sixty days after promulgation of the result of an

election held to incur or assume debt, issue bonds, or levy a tax, any person in interest may contest the

legality of the election, the bond issue provided for, or the tax authorized, for any cause. After that time

no one shall have any cause or right of action to contest the regularity, formality, or legality of the

election, tax provisions, or bond authorization, for any cause whatsoever. If the validity of any election,

tax, debt assumption, or bond issue authorized or provided for is not raised within the sixty days, the

authority to incur or assume debt, levy the tax, or issue the bonds, the legality thereof, and the taxes and

other revenues necessary to pay the same shall be conclusively presumed to be valid, and no court shall

have authority to inquire into such matters.

(B) Contesting Ordinance or Resolution; Time Limit. Every ordinance or resolution authorizing the

issuance of bonds or other debt obligation by a political subdivision shall be published at least once in

the official journal of the political subdivision or, if there is none, in a newspaper having general

circulation therein. For thirty days after the date of publication, any person in interest may contest the

legality of the ordinance or resolution and of any provision therein made for the security and payment of

the bonds. After that time, no one shall have any cause of action to test the regularity, formality, legality,

or effectiveness of the ordinance or resolution, and provisions thereof for any cause whatever.

Thereafter, it shall be conclusively presumed that every legal requirement for the issuance of the bonds

or other debt obligation, including all things pertaining to the election, if any, at which the bonds or other

debt obligation were authorized, has been complied with. No court shall have authority to inquire into

any of these matters after the thirty days.

§36. Local Improvement Assessments

Section 36.(A) Authorization. The legislature shall provide by general law or by local or special law

the procedures by which a political subdivision may levy and collect local or special assessments on real.property for the purpose of acquiring, constructing, or improving works of public improvement.

(B) Certificates of Indebtedness; Security. Certificates of indebtedness may be issued to cover the

cost of any such public improvement. They shall be secured by the pledge of the local or special

assessments levied therefor and may be further secured by the pledge of the full faith and credit of the

political subdivision.

§37. Revenue-Producing Property

Section 37.(A) Authorization. The legislature by law may authorize political subdivisions to issue

bonds or other debt obligations to construct, acquire, extend, or improve any revenue-producing public

utility or work of public improvement. The bonds or other debt obligations may be secured by

mortgage on the lands, buildings, machinery, and equipment or by the pledge of the income and

revenues of the public utility or work of public improvement. They shall not be a charge upon the other

income and revenues of the political subdivision.

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

PART III. LEVEE DISTRICTS

§38. Levee Districts

Section 38.(A) Retention; Reorganization; Consolidation. Levee districts as organized and

constituted on January 1, 1974 shall continue to exist, except that

(1) The legislature may provide by law for the consolidation, division, or reorganization of existing

levee districts or may create new levee districts. However, the members of the board of commissioners

of a district heretofore or hereafter created shall be appointed or elected from among residents of the

district, as provided by law.

(2) A levee district whose flood control responsibilities are limited to and which is situated entirely

within one parish may be consolidated and merged into such parish under the terms and conditions and

in the manner provided in Section 16 of this Article.

(B) Obligation of Contract Affirmed. No action taken under this Section shall impair the obligation

of outstanding bonded indebtedness or of any other contract of a levee district.

§39. Levee District Taxes

Section 39.(A) District Tax; Millage Limit. For the purpose of constructing and maintaining levees,

levee drainage, flood protection, hurricane flood protection, and for all other purposes incidental

thereto, the governing authority of a levee district may levy annually a tax not to exceed five mills,

except the Board of Levee Commissioners of the Orleans Levee District which may levy annually a tax

not to exceed two and one-half mills, on the dollar of the assessed valuation of all taxable property

situated within the alluvial portions of the district subject to overflow..(B) Millage Increase. If the necessity to raise additional funds arises in any levee district for any

purpose set forth in Paragraph (A), or for any other purpose related to its authorized powers and

functions as specified by law, the tax may be increased. However, the necessity and the rate of the

increase shall be submitted to the electors of the district, and the tax increase shall take effect only if

approved by a majority of the electors voting thereon in an election held for that purpose.

§40. Bond Issues

Section 40.(A) Authorization. Subject to approval by the State Bond Commission or its successor,

the governing authority of a levee district may fund the proceeds of its taxes or other revenues into

bonds or other evidences of indebtedness. Proceeds thus derived shall be used for the purposes

mentioned in Part III of this Article or for the funding or payment of any outstanding indebtedness.

(B) Sale. Bonds issued under the authority of Paragraph (A) shall be sold as provided by law

concerning 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 in constructing and maintaining levees in this state, under terms and conditions provided by

the federal authorities and accepted by the governing authority.

§42. Compensation for Property Used or Destroyed; Tax

Section 42.(A) Compensation. Notwithstanding any contrary provision of this constitution, lands

and improvements thereon hereafter actually used or destroyed for levees or levee drainage purposes

shall be paid for as provided by law. However, nothing contained in this Paragraph with respect to

compensation for lands and improvements shall apply to batture or to property the control of which is

vested in the state or any political subdivision for the purpose of commerce. If the district has no other

funds or resources from which the payment can be made, it shall levy on all taxable property within the

district a tax sufficient to pay for property used or destroyed to be used solely in the district where

collected.

(B) Appropriation. Nothing in this Section shall prevent the appropriation of such property before

payment.

PART IV. PORT COMMISSIONS

AND DISTRICTS

§43. Port Commissions and Districts

Section 43. All deep-water port commissions and all deep-water port, harbor, and terminal districts

as organized and constituted on January 1, 1974, including their powers and functions, structure and

organization, and territorial jurisdiction, are ratified and confirmed and shall continue to exist, except

that

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

(2) Only by law enacted by the favorable vote of two-thirds of the elected members of each house,

may the legislature consolidate or abolish any such commission or district or diminish, reduce, or

withdraw from any such commission or district any of its powers and functions and affect the structure

and organization, distribution, and redistribution of the powers and functions of any such commission or

district, including additions to or reductions of its territorial jurisdiction.

(3) The legislature shall enact laws with respect to the membership of the commissions provided in

this Section. Once the law with respect to membership is enacted, it may be changed only by law

enacted by the favorable vote of two-thirds of the elected 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 which exercises the legislative functions of the political

subdivision.

(5) "General law" means a law of statewide concern enacted by the legislature which is uniformly

applicable to all persons or to all political subdivisions in the state or which is uniformly applicable to all

persons or to all political subdivisions within the same class.

(6) "General obligation bonds" means those bonds, the principal and interest of which are secured

by and payable from ad valorem taxes levied without limitation as to rate or amount.

(7) "Deep-water port commissions" and "deep-water port, harbor, and terminal districts" mean

those commissions or districts within whose territorial jurisdiction exist facilities capable of

accommodating vessels of at least twenty-five feet of draft and of engaging in foreign commerce.

ARTICLE VII.

REVENUE AND FINANCE

PART I. GENERAL PROVISIONS

§1. Power to Tax; Public Purpose.Section 1.(A) Except as otherwise provided by this constitution, the power of taxation shall be

vested in the legislature, shall never be surrendered, suspended, or contracted away, and shall be

exercised for public purposes only.

(B) The power to tax may not be exercised by any court in the state, either by ordering the levy of

a tax, an increase in an existing tax, or the repeal of an existing tax exemption or by ordering the

legislature or any municipal or parish governing authority or any other political subdivision or

governmental entity to do so.

Acts 1997, No. 1493, §1, approved Oct. 3, 1998, eff. Nov. 5, 1998.

§2. Power to Tax; Limitation

Section 2. The levy of a new tax, an increase in an existing tax, or a repeal of an existing tax

exemption shall require the enactment of a law by two-thirds of the elected members of each house of

the legislature.

§2.1. Fees and Civil Fines; Limitation

Section 2.1.(A) Any new fee or civil fine or increase in an existing fee or civil fine imposed or

assessed by the state or any board, department, or agency of the state shall require the enactment of a

law by a two-thirds vote of the elected members of each house of the legislature.

(B) The provisions of this Section shall not apply to any department which is constitutionally created

and headed by an officer who is elected by majority vote of the electorate of the state.

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

§3. Collection of Taxes

Section 3.(A) The legislature shall prohibit the issuance of process to restrain the collection of any

tax. It shall provide a complete and adequate remedy for the prompt recovery of an illegal tax paid by a

taxpayer.

(B)(1) Notwithstanding any contrary provision of this constitution, sales and use taxes levied by

political subdivisions shall be collected by a single collector for each parish. On or before July 1, 1992,

all political subdivisions within each parish which levy a sales and use tax shall agree between and

among themselves to provide for the collection of such taxes by a single collector or a central collection

commission. The legislature, by general law, shall provide for the collection of sales and use taxes,

levied by political subdivisions, by a central collection commission in those parishes where a single

collector or a central collection commission has not been established by July 1, 1992.

(2) The legislature, by local law enacted by two-thirds of the elected members of each house of the

legislature, may establish an alternate method of providing for a single collector or a central collection

commission in each parish.

(3) Except when authorized by the unanimous agreement of all political subdivisions levying a sales

and use tax within a parish, only those political subdivisions levying a sales and use tax shall be

authorized to act as the single collector or participate on any commission established for the collection.of such taxes.

(4) The legislature shall provide for the prompt remittance to the political subdivisions identified on

the taxpayers' returns of funds collected pursuant to the provisions of this Paragraph by a single

collector or under any other centralized collection arrangement.

(5) The provisions of this Paragraph shall not apply in those parishes which have a single collector

or a centralized collection arrangement as of July 1, 1992.

Amended by Acts 1991, No. 1072, §1, approved Oct. 19, 1991, eff. Nov. 21, 1991.

§4. Income Tax; Severance Tax; Political Subdivisions

Section 4.(A) Income Tax. Equal and uniform taxes may be levied on net incomes, and these taxes

may be graduated according to the amount of net income. However, the state individual and joint

income tax schedule of rates shall never exceed the rates set forth in Title 47, Section 32 of the

Louisiana Revised Statutes on January 1, 1974. Federal income taxes paid shall be allowed as a

deductible item in computing state income taxes for the same period.

(B) Severance Tax. Taxes may be levied on natural resources severed from the soil or water, to be

paid proportionately by the owners thereof at the time of severance. Natural resources may be

classified for the purpose of taxation. Such taxes may be predicated upon either the quantity or value of

the products at the time and place of severance. No further or additional tax or license shall be levied or

imposed upon oil, gas, or sulphur leases or rights. No additional value shall be added to the assessment

of land by reason of the presence of oil, gas, or sulphur therein or their production therefrom. However,

sulphur in place shall be assessed for ad valorem taxation to the person, firm, or corporation having the

right to mine or produce the same in the parish where located, at no more than twice the total assessed

value of the physical property subject to taxation, excluding the assessed value of sulphur above

ground, as is used in sulphur operations in such parish. Likewise, the severance tax shall be the only tax

on timber; however, standing timber shall be liable equally with the land on which it stands for ad

valorem taxes levied on the land.

tax, income tax, inheritance tax, or tax on motor fuel.

(D) Severance Tax Allocation. One-third of the sulphur severance tax, but not to exceed one

hundred thousand dollars; one-third of the lignite severance tax, 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 five hundred thousand dollars; and three-fourths of the timber severance tax

shall be remitted to the governing authority of the parish in which severance or production occurs.

Effective July 1, 1999, one-third of the sulphur severance tax, but not to exceed one hundred thousand

dollars; one-third of the lignite severance tax, 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; and three-fourths of the timber severance tax shall be remitted to

the governing authority of the parish in which severance or production occurs.

(E) Royalties Allocation. One-tenth of the royalties from mineral leases on state-owned land, lake

and river beds and other water bottoms belonging to the state or the title to which is in the public for.mineral development shall be remitted to the governing authority of the parish in which severance or

production occurs. A parish governing authority may fund these royalties into general obligation bonds

of the parish in accordance with law. The provisions of this Paragraph shall not apply to properties

comprising the Russell Sage Wildlife and Game Refuge.

Amended by Acts 1990, No. 1100, §1, approved Oct. 6, 1990, eff. Aug. 1, 1990; Acts 1990,

No. 1105, §1, approved Oct. 6, 1990, eff. Jan. 1, 1991; Acts 1997, No. 1499, §1, approved Oct.

3, 1998, eff. Nov. 5, 1998.

§5. Motor Vehicle License Tax

Section 5. The legislature shall impose an annual license tax of not more than one dollar per each

one thousand dollars of actual value on automobiles for private use based on the actual value of the

vehicle, as provided by law. However, the annual license tax shall not be less than ten dollars per

automobile for private use. On other motor vehicles, the legislature shall impose an annual license tax

based upon carrying capacity, horsepower, value, weight, or any of these. After satisfying the

requirements of Section 9(B) of this Article, and after satisfying pledges respecting that portion of the

revenues attributable to the tax rates in effect at the time of such pledges for the payment of obligations

for bonds or other evidences of indebtedness and upon the creation of a Transportation Trust Fund

within this constitution, the revenues from the license tax on automobiles for private use shall be

deposited therein. In the event no such trust fund is established in this constitution, the revenues shall be

used exclusively and solely as provided by law for the construction, maintenance, and safety of the

federal and state system of roads and bridges, for the parish and municipal road systems, for the

operations of the office of state police, Department of Public Safety and Corrections or its successor,

and for the payment of any obligation for bonds issued or indebtedness incurred in connection with any

of the foregoing, which bonds may be issued as revenue bonds under Article VII, Section 6(C) of this

constitution, subject to existing pledges only as to that portion of the tax collections attributable to the

rates in effect at the time of such pledges for the payment of any obligations for bonds or other

evidences of indebtedness outstanding on the effective date of this Section. No parish or municipality

may impose a license fee on motor vehicles.

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 no

power, directly or indirectly, or through any state board, agency, commission, or otherwise, to incur

debt or issue bonds except by law enacted by two-thirds of the elected members of each house of the

legislature. The debt may be incurred or the bonds issued only if the funds are to be used to repel

invasion; suppress insurrection; provide relief from natural catastrophes; refund outstanding

indebtedness at the same or a lower effective interest rate; or make capital improvements, but only in

accordance with a comprehensive capital budget, which the legislature shall adopt.

(B) Capital Improvements. (1) If the purpose is to make capital improvements, the nature and

location and, if more than one project, the amount allocated to each and the order of priority shall be

stated in the comprehensive capital budget which the legislature adopts.

(2) The estimated amount of debt service to be paid for capital improvements for the next fiscal

year shall be stated as a separate item and by budget unit in the budget estimate required to be.submitted by the governor in accordance with Section 11 of this Article.

all bonds or other evidences of indebtedness issued by the state directly or through any state board,

agency, or commission pursuant to the provisions of Paragraphs (A) and (B) hereof. The full faith and

credit of the state is not hereby pledged to the repayment of bonds of a levee district, political

subdivision, or local public agency. In addition, any state board, agency, or commission authorized by

law to issue bonds, in the manner so authorized and with the approval of the State Bond Commission or

its successor, may issue bonds which are payable from fees, rates, rentals, tolls, charges, grants, or

other receipts or income derived by or in connection with an undertaking, facility, project, or any

combination thereof, without a pledge of the full faith and credit of the state. Such revenue bonds may,

but are not required to, be issued in accordance with the provisions of Paragraphs (A) and (B) hereof.

If issued other than as provided in Paragraphs (A) and (B), such revenue bonds shall not carry the

pledge of the full faith and credit of the state and the issuance of the bonds shall not constitute the

incurring of state debt under this constitution. The rights granted to deep-water port commissions or

deep-water port, harbor, and terminal districts under this constitution shall not be impaired by this

Section.

(D) Referendum. The legislature, by law enacted by two-thirds of the elected members of each

house, may propose a statewide public referendum to authorize incurrence of debt for any purpose for

which the legislature is not herein authorized to incur debt.

(E) Exception. Nothing in this Section shall apply to any levee district, political subdivision, or local

public agency unless the full faith and credit of the state is pledged to the payment of the bonds of the

levee district, political subdivision, or local public agency.

(F) Limitation. (1) The legislature shall provide for the determination of a limit to the amount of net

state tax supported debt which may be issued by the state in any fiscal year. Net state tax supported

debt shall be defined by law. When enacted, such definition shall not be changed except by specific

legislative instrument which receives a favorable vote of two-thirds of the elected members of each

house of the legislature. The limitation shall be established so that by Fiscal Year 2003-2004 and

thereafter the amount necessary to service outstanding net state tax supported debt shall not exceed six

percent of the estimate of money to be received by the state general fund and dedicated funds

contained in the official forecast adopted by the Revenue Estimating Conference at its first meeting after

the beginning of each fiscal year and any other money required to be included in the estimate by this

Paragraph. In making such estimate, the conference shall include all amounts which are to be used to

service net state tax supported debt. For purposes of this Paragraph, servicing outstanding net state tax

supported debt includes payments of principal, interest, and sinking fund requirements. The limitation

established pursuant to this Paragraph shall not be construed to prevent the payment of debt service on

net state tax supported debt.

(2) The limitation established pursuant to this Paragraph may be changed by passage of a specific

legislative instrument by a favorable vote of two-thirds of the elected members of each house of the

legislature. The limitation may be exceeded by passage of a specific legislative instrument for a project

or related projects by a favorable vote of two-thirds of the elected members of each house of the

legislature, provided that any debt service payment required for such projects shall, once bonds have

been issued in connection therewith, not be impaired in any future year by application of this limitation..The limitation established pursuant to this Subparagraph shall be deemed to be increased as necessary

to accommodate any projects approved to exceed this limit if approved as provided in this Paragraph,

but only as long as there are bonds outstanding for the projects.

(3) Except as provided in Subparagraph (2) of this Paragraph, the State Bond Commission shall

not approve the issuance of any net state tax supported debt, the debt service requirement of which

would cause the limit herein established to be exceeded.

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

No. 1044, §1, approved Oct. 16, 1993, eff. Nov. 18, 1993.

§7. State Debt; Interim Emergency Board

Section 7.(A) Composition. The Interim Emergency Board is created. It shall be composed of the

governor, lieutenant governor, state treasurer, presiding officer of each house of the legislature,

chairman of the Senate Finance Committee, and chairman of the House Appropriations Committee, or

their designees.

(B) Powers. Between sessions of the legislature, when the board by majority vote determines that

an emergency or impending flood emergency exists, it may appropriate from the state general fund or

borrow on the full faith and credit of the state an amount to meet the emergency. The appropriation may

be made or the indebtedness incurred only for a purpose for which the legislature may appropriate

funds and then only after the board obtains, as provided by law, the written consent of two-thirds of the

elected members of each house of the legislature. For the purposes of this Paragraph, an emergency is

an event or occurrence not reasonably anticipated by the legislature and an impending flood emergency

shall be an anticipated situation which endangers an existing flood protection structure. The

appropriation or indebtedness incurred for an impending flood emergency shall not exceed two hundred

fifty thousand dollars for any one event or occurrence. For an impending emergency to qualify for

funding it must be determined as such by the United States Army Corp of Engineers or the United

States Coast Guard. Total funding for such impending emergencies shall not exceed twenty-five percent

of the funds annually available to the Interim Emergency Board.

from the state general fund for the current fiscal year under the authority of this Section shall not exceed

one-tenth of one percent of total state revenue receipts for the previous fiscal year.

(D) Allocation. An amount sufficient to pay indebtedness incurred during the preceding fiscal year

under the authority of this Section is allocated, as a first priority, each year from the state general fund.

Acts 1997, No. 1500, §1, approved Oct. 3, 1998, eff. Nov. 5, 1998.

§8. State Bond Commission

Section 8.(A) Creation. The State Bond Commission is created. Its membership and authority shall

be determined by law.

(B) Approval of Bonds. No bonds or other obligations shall be issued or sold by the state, directly

or through any state board, agency, or commission, or by any political subdivision of the state, unless

prior written approval of the bond commission is obtained..(C) Contesting State Bonds. Bonds, notes, certificates, or other evidences of indebtedness of the

state (hereafter referred to as "bonds") shall not be invalid because of any irregularity or defect in the

proceedings or in the issuance and sale thereof and shall be incontestable in the hands of a bona fide

purchaser or holder. The issuing agency, after authorizing the issuance of bonds by resolution, shall

publish once in the official journal of the state, as provided by law, a notice of intention to issue the

bonds. The notice shall include a description of the bonds and the security therefor. Within thirty days

after the publication, any person in interest may contest the legality of the resolution, any provision of

the bonds to be issued pursuant to it, the provisions securing the bonds, and the validity of all other

provisions and proceedings relating to the authorization and issuance of the bonds. If no action or

proceeding is instituted within the thirty days, no person may contest the validity of the bonds, the

provisions of the resolution pursuant to which the bonds were issued, the security of the bonds, or the

validity of any other provisions or proceedings relating to their authorization and issuance, and the

bonds shall be presumed conclusively to be legal. Thereafter no court shall have authority to inquire into

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 deposited immediately upon receipt in the state treasury, except that

received:

(1) as a result of grants or donations or other forms of assistance when the terms and conditions

thereof or of agreements pertaining thereto require otherwise;

(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 and

charges for the shipment of goods in international maritime trade and commerce; and

(6) by a state board, agency, or commission, but pledged by it in connection with the issuance of

revenue bonds as provided in Paragraph (C) of Section 6 of this Article, other than any surplus as may

be defined in the law authorizing such revenue bonds.

(B) Bond Security and Redemption Fund. Subject to contractual obligations existing on the

effective date of this constitution, all state money deposited in the state treasury shall be credited to a

special fund designated as the Bond Security and Redemption Fund, except money received as the

result of grants or donations or other forms of assistance when the terms and conditions thereof or of

agreements pertaining thereto require otherwise. In each fiscal year an amount is allocated from the

bond security and redemption fund sufficient to pay all obligations which are secured by the full faith

and credit of the state and which become due and payable within the current fiscal year, including

principal, interest, premiums, sinking or reserve fund, and other requirements. Thereafter, except as

otherwise provided by law, money remaining in the fund shall be credited to the state general fund..(C) Exception. Nothing in this Section shall apply to a levee district or political subdivision unless

the full faith and credit of the state is pledged to the payment of the bonds of the levee district or

political subdivision.

§10. Expenditure of State Funds

Section 10.(A) Revenue Estimating Conference. The Revenue Estimating Conference shall be

composed of four members: the governor, or his designee, the president of the senate, or his designee,

the speaker of the house or his designee, and a faculty member of a university or college in Louisiana

who has expertise in forecasting revenues. Changes to the membership beyond the four members shall

be made by law enacted by a favorable vote of two-thirds of the elected members of each house.

(B) Official Forecast. The conference shall prepare and publish initial and revised estimates of

money to be received by the state general fund and dedicated funds for the current and next fiscal years

which are available for appropriation. In each estimate, the conference shall designate the money in the

estimate which is recurring and which is nonrecurring. All conference decisions to adopt these estimates

shall be by unanimous vote of its members. Changes to the unanimous vote requirement shall be made

by law enacted by a favorable vote of two-thirds of the elected members of each house. The most

recently adopted estimate of money available for appropriation shall be the official forecast.

for each fiscal year to be established during the first quarter of the calendar year for the next fiscal year.

However, the expenditure limit for the 1991-1992 Fiscal Year shall be the actual appropriations from

the state general fund and dedicated funds for that year 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 the current fiscal year plus an amount equal to that limit times a positive growth factor. The growth

factor is the average annual percentage rate of change of personal income for Louisiana as defined and

reported by the United States Department of Commerce for the three calendar years prior to the fiscal

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 the

elected members of each house. Any such change in the expenditure limit shall be approved by passage

of a specific legislative instrument which clearly states the intent to change the limit.

(3) Beginning with the 1995-1996 Fiscal Year, the expenditure limit shall be determined in

accordance with the provisions of Paragraph (J) of this Section. The redetermination of the expenditure

limit for each fiscal year from the 1991-1992 Fiscal Year through the 1994-1995 Fiscal Year shall only

be used in computing the expenditure limit for the 1995-1996 Fiscal Year and shall not affect the

expenditure limit already computed in accordance with this Paragraph for such fiscal years.

(4) The provisions of this Paragraph shall not apply to or affect funds allocated by Article VII,

Section 4, Paragraphs (D) and (E).

(D) Appropriations. (1) Except as otherwise provided by this constitution, money shall be drawn

from the state treasury only pursuant to an appropriation made in accordance with law. Appropriations

from the state general fund and dedicated funds except funds allocated by Article VII, Section 4,

Paragraphs (D) and (E) shall not exceed the expenditure limit for the fiscal year..(2) Except as otherwise provided in this constitution, the appropriation or allocation of any money

designated in the official forecast as nonrecurring shall be made only for the following purposes:

(a) Retiring or for the defeasance of bonds in advance or in addition to the existing amortization

requirements of the state.

(b) Providing for payments against the unfunded accrued liability of the public retirement systems

which are in addition to any payments required for the annual amortization of the unfunded accrued

liability of the public retirement systems, as required by Article X, Section 29(E)(2)(c) of this

constitution; however, any such payments to the public retirement systems shall not be used, directly or

indirectly, to fund cost-of-living increases for such systems.

(d) Providing for allocation or appropriation for deposit into the Budget Stabilization Fund

established in Article VII, Section 10.3 of this constitution.

[Proposed Amendment to add §10(D)(3): To be submitted to electors November 5, 2002.]

(3)(a) The legislature shall provide by law for the payment by the state of supplements to the salaries of

full-time local law enforcement and fire protection officers of the state. Beginning with the fiscal year which

begins July 1, 2003, the legislature shall appropriate funds sufficient to fully fund the cost of such state

supplement to the salaries of full-time law enforcement and fire protection officers.

(b) For the purposes of this Subparagraph, local law enforcement and fire protection officers shall mean

and include the same classes of officers which are eligible for such state salary supplements under the law as

of July 1, 2003.

(c) Full funding as required in Subsubparagraph (a) of this Subparagraph shall be equal to the amount

which is required to meet the requirements of law as such requirements are in effect on July 1, 2001.

(d) Neither the governor nor the legislature may reduce an appropriation made pursuant to this

Subparagraph except that the governor may reduce such appropriation using means provided in the Act

containing the appropriation, provided that two-thirds of the elected members of each house of the

legislature consent to any such reduction in writing.

(E) Balanced Budget. Appropriations by the legislature from the state general fund and dedicated

funds for any fiscal year except funds allocated by Article VII, Section 4, Paragraphs (D) and (E) shall

not exceed the official forecast in effect at the time the appropriations are made.

(F) Projected Deficit. The legislature by law shall establish a procedure to determine if

appropriations will exceed the official forecast and an adequate method for adjusting appropriations in

order to eliminate a projected deficit. If within thirty days of the determination that appropriations will

exceed the official forecast the necessary adjustments in appropriations are not made to eliminate the

projected deficit, the governor shall call a special session of the legislature for this purpose unless the

legislature is in regular session. This special session shall commence as soon as possible as allowed by

the provisions of this constitution, including but not limited to Article III, Section 2(B).

[Acts 2001, No. 1236 proposal to amend §10(F): To be submitted to electors November 5, 2002.]

(F) Projected Deficit. (1) The legislature by law shall establish a procedure to determine if.appropriations will exceed the official forecast and an adequate method for adjusting appropriations in order

to eliminate a projected deficit. Any law establishing a procedure to determine if appropriations will exceed

the official forecast and methods for adjusting appropriations, including any constitutionally protected or

mandated allocations or appropriations, once enacted, shall not be changed except by specific legislative

instrument which receives a favorable vote of two-thirds of the elected members of each house of the

legislature. Notwithstanding the provisions of Article III, Section 2 of this constitution, such law may be

introduced and considered in any regular session of the legislature.

(2)(a) Notwithstanding any other provision of this constitution to the contrary, adjustments to any

constitutionally protected or mandated allocations or appropriations, and transfer of monies associated with

such adjustments, are authorized when state general fund allocations or appropriations have been reduced in

an aggregate amount equal to at least seven-tenths of one percent of the total of such allocations and

appropriations for a fiscal year. Such adjustments may not exceed five percent of the total appropriation or

allocation from a fund for the fiscal year. For purposes of this Subsubparagraph, reductions to expenditures

required by Article VIII, Section 13(B) of this constitution shall not exceed one percent and such reductions

shall not be applicable to instructional activities included within the meaning of instruction pursuant to the

Minimum Foundation Program formula. Notwithstanding any other provisions of this constitution to the

contrary, monies transferred as a result of such budget adjustments are deemed available for appropriation

and expenditure in the year of the transfer from one fund to another, but in no event shall the aggregate

amount of any transfers exceed the amount of the deficit.

(b) Notwithstanding any other provision of this constitution to the contrary, for the purposes of the

budget estimate and enactment of the budget for the next fiscal year, when the official forecast of recurring

revenues for the next fiscal year is at least one percent less than the official forecast for the current fiscal

year, the following procedure may be employed to avoid a budget deficit in the next fiscal year. An amount

not to exceed five percent of the total appropriations or allocations for the current fiscal year from any fund

established by law or this constitution shall be available for expenditure in the next fiscal year for a purpose

other than as specifically provided by law or this constitution. For the purposes of this Subsubparagraph, an

amount not to exceed one percent of the current fiscal year appropriation for expenditures required by Article

VIII, Section 13(B) of this constitution shall be available for expenditures for other purposes in the next

fiscal year. Notwithstanding any other provisions of this constitution to the contrary, monies made available

as authorized under this Subsubparagraph may be transferred to a fund for which revenues have been

forecast to be less than the revenues in the current fiscal year for such fund. Monies transferred as a result of

the budget actions authorized by this Subsubparagraph are deemed available for appropriation and

expenditure, but in no event shall the aggregate amount of any such transfers exceed the amount of the

difference between the official forecast for the current fiscal year and the next fiscal year.

(c) The legislature may provide by law for the implementation of the provisions of this Subparagraph.

(3) If within thirty days of the determination that appropriations will exceed the official forecast the

necessary adjustments in appropriations are not made to eliminate the projected deficit, the governor shall

call a special session of the legislature for this purpose unless the legislature is in regular session. This

special session shall commence as soon as possible as allowed by the provisions of this constitution, 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, nor

affect:

(a) The Bond Security and Redemption Fund or any bonds secured thereby, or any other funds pledged

as security for bonds or other evidences of indebtedness.

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

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

(d) The Louisiana Education Quality Trust Fund as defined in Article VII, Section 10.1(A)(1) of this

constitution.

(e) The Millennium Trust as provided in Article VII, 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 9 of

this constitution.

(G) Year End Deficit. If a deficit exists in any fund at the end of a fiscal year, that deficit shall be.eliminated no later than the end of the next fiscal year.

(H) Publication. The legislature shall have published a regular statement of receipts and

expenditures of all state money at intervals of not more than one year.

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

(J) Definition of Funds. For the purposes of this Article, the state general fund and dedicated funds

shall be all money required to be deposited in the state treasury, except that money the origin of which

is:

(1) The federal government.

(2) Self-generated collections by any entity subject to the policy and management authority

established by Article VIII, Sections 5 through 7.

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

(4) The provisions of this Paragraph shall not apply to or affect funds allocated by Article VII,

Section 4, Paragraphs (D) and (E).

Amended by Acts 1990, No. 1096, §1, approved Oct. 6, 1990, eff. Nov. 8, 1990; Acts 1993,

No. 1042, §1, approved, Oct. 16, 1993, eff. Nov. 18, 1993; Acts 1993, 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; Acts 2001, No. 1236, §1.

§10-A. Wildlife and Fisheries; Conservation Fund

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

treasury, as a special fund, the Louisiana Wildlife and Fisheries Conservation Fund, hereinafter referred

to as the Conservation Fund. Out of the funds remaining in the Bond Security and Redemption Fund

after a sufficient amount is allocated from that fund to pay all obligations secured by the full faith and

credit of the state which become due and payable within any fiscal year as required by Article VII,

Section 9(B) of this constitution, the treasurer shall pay into the Conservation Fund all of the following,

except as provided in Article VII, Section 9(A), and except for the amount provided in R.S.

56:10(B)(1)(a) as that provision existed on the effective date of this Section:

(1) All revenue from the types and classes of fees, licenses, permits, royalties, or other revenue paid

into the Conservation Fund as provided by law on the effective date of this Section. Such revenue shall

be deposited in the Conservation Fund even if the names of such fees, licenses, permits, or other

revenues are changed.

Any increase in the amount charged for such fees, licenses, permits, royalties, and other revenue, or

any new fee, license, permit, royalty, or other revenue, enacted by the legislature after the effective date

of this Section, shall be irrevocably dedicated and deposited in the Conservation Fund unless the

legislature enacts a law specifically appropriating or dedicating such revenue to another fund or

purpose..(2) The balance remaining on June 30, 1988 in the Conservation Fund established pursuant to R.S.

56:10.

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

(B) The monies in the Conservation Fund shall be appropriated by the legislature to the Department

of Wildlife and Fisheries, or its successor, and shall be used solely for the programs and purposes of

conservation, protection, preservation, management, and replenishment of the state's natural resources

and wildlife, including use for land acquisition or for federal matching fund programs which promote

such purposes, and for the operation and administration of the Department and the Wildlife and

Fisheries Commission, or their successors.

year shall remain in the fund. The monies in the fund shall be invested by the treasurer in the manner

provided by law. All interest earned on monies invested by the treasurer shall be deposited in the fund.

The treasurer shall prepare and submit to the department on a quarterly basis a printed report showing

the amount of money contained in the fund from all sources.

Added by Acts 1987, No. 946, §1, approved Nov. 21, 1987, eff. Dec. 23, 1987.

§10.1. Quality Trust Fund; Education

Section 10.1.(A) Louisiana Education Quality Trust Fund. (1) Effective January 1, 1987, there shall

be established in the state treasury as a special permanent trust fund the Louisiana Education Quality

Trust Fund, hereinafter referred to as the "Permanent Trust Fund." After allocation of money to the

Bond Security and Redemption Fund as provided in Article VII, Section 9(B) of this constitution, and

notwithstanding Article XIV, Section 10 of this constitution, the treasurer shall deposit in and credit to

the Permanent Trust Fund all money which is received after the first one hundred million dollars from

the federal government under Section 1337(g) of Title 43 of the United States Code which is

attributable to mineral production activity or leasing activity on the Outer Continental Shelf which has

been held in escrow pending a settlement between the United States and the state of Louisiana; twenty-five

percent of the recurring revenues received under Section 1337(g) of Title 43 of the United States

Code which are attributable to mineral production activity or leasing activity on the Outer Continental

Shelf; twenty-five percent of the interest income earned on investment of monies in the Permanent Trust

Fund; seventy-five percent of the realized capital gains on investment of the Permanent Trust Fund,

unless such percentage is changed by law enacted by two-thirds of the elected members of each house

of the legislature; and twenty-five percent of the dividend income earned on investment of the

Permanent Trust Fund. No appropriation shall be made from the Permanent Trust Fund. If any such

money has been received prior to the effective date of this Section, the treasurer shall transfer from the

state general fund to the Permanent Trust Fund on the effective date of this Section an amount of money

which shall make the Permanent Trust Fund balance equal to the amount of such money previously

received, except for the first one hundred million dollars. After six hundred million dollars has been

credited to the Permanent Trust Fund, the sum of fifty million dollars shall be credited to the Coastal

Environment Protection Trust Fund, as established in R.S. 30:313, from those monies received from the

federal government under Section 1337(g) of Title 43 of the United States Code which is attributable to

mineral production activity or leasing activity on the Outer Continental Shelf and which has been held in

escrow pending a settlement between the United States and the state of Louisiana; all funds in excess of

seven hundred fifty million dollars shall be credited to the Permanent Trust Fund..(2) After allocation of money to the Bond Security and Redemption Fund as provided in Article

VII, Section 9(B) of the constitution, and notwithstanding Article XIV, Section 10 of the constitution,

seventy-five percent of the recurring revenues received under Section 1337(g) of Title 43 of the United

States Code which are attributable to mineral production activity or leasing activity, and the percent

remaining of the realized capital gains and interest income and dividend income earned on investment of

the Permanent Trust Fund after the deposit required to the Permanent Trust Fund in Paragraph A(1) of

this Section shall be deposited and credited to a special fund which is hereby created in the state

treasury and which shall be known as the Louisiana Quality Education Support Fund, hereinafter

referred to as the "Support Fund".

(3) All recurring revenues and interest earnings shall be credited to the respective funds as provided

in Subparagraphs (1) and (2) above until the balance in the Permanent Trust Fund equals two billion

dollars. After the Permanent Trust Fund reaches a balance of two billion dollars, all interest earnings on

the Permanent Trust Fund shall be credited to the Support Fund and all recurring revenues shall be

credited to the State General Fund.

(B) Investment. The money credited to the Permanent Trust Fund pursuant to Paragraph (A) of this

Section shall be permanently credited to the Permanent Trust Fund and shall be invested by the

treasurer. Notwithstanding any provision of this constitution or other law to the contrary, a portion of

money in the Permanent Trust Fund, not to exceed thirty-five percent, may be invested in stock. The

legislature shall provide for procedures for the investment of such monies by law. The treasurer shall

contract, subject to the approval of the State Bond Commission, for the management of such

investments. The amounts in the Support Fund shall be available for appropriation to pay expenses

incurred in the investment and management of the Permanent Trust Fund and for educational purposes

only as provided in Paragraphs (C) and (D) of this Section.

Board of Regents shall annually submit to the legislature and the governor not less than sixty days prior

to the beginning of each regular session of the legislature a proposed program and budget for the

expenditure of the monies in the Support Fund. Proposals for such expenditures shall be designed to

improve the quality of education and shall specifically designate those monies to be used for

administrative costs, as defined and authorized by law.

(2) Except for appropriations to pay expenses incurred in the investment and management of the

Permanent Trust Fund, the legislature shall appropriate from the Support Fund only for educational

purposes provided in Paragraph (D) of this Section and shall appropriate fifty percent of the available

funds for higher educational purposes and fifty percent for elementary and secondary educational

purposes. Those monies to be used for administrative costs shall be expended for such purposes only if

so approved and appropriated by the legislature.

(3) The legislature shall appropriate the total amount intended for higher educational purposes to the

Board of Regents and the total amount intended for elementary and secondary educational purposes to

the State Board of Elementary and Secondary Education which boards shall allocate the monies so

appropriated to the programs as previously approved by the legislature.

(4) The monies appropriated by the legislature and disbursed from the Support Fund shall not

displace, replace, or supplant appropriations from the general fund for elementary and secondary.education, including implementing the Minimum Foundation Program, or displace, replace, or supplant

funding for higher education. For elementary and secondary education and for higher education, this

Paragraph shall mean that no appropriation for any fiscal year from the Support Fund shall be made for

any purpose for which a general fund appropriation was made in the previous year unless the total

appropriations for that fiscal year from the state general fund for such purpose exceed general fund

appropriations for the previous year. This Paragraph shall in no way limit general fund appropriations in

excess of the minimum amounts herein established.

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

(1) The treasurer shall disburse not more than fifty percent of the monies in the Support Fund as

that money is appropriated by the legislature and allocated by the Board of Regents for any or all of the

following higher educational purposes to enhance economic development:

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

(b) The endowment of chairs for eminent scholars.

within a community college, college, or university. These funds shall not be used for athletic purposes or

programs.

(d) The recruitment of superior graduate students.

(2) The treasurer shall disburse not more than fifty percent of the monies in the Support Fund as

that money is appropriated by the legislature and allocated by the State Board of Elementary and

Secondary Education for any or all of the following elementary and secondary educational purposes:

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

(b) To insure an adequate supply of superior textbooks, library books, equipment, and other

instructional materials.

elementary or secondary student academic achievement or vocational-technical skill.

(d) To fund carefully defined research efforts, including pilot programs, designed to improve

elementary and secondary student academic achievement.

(e) To fund school remediation programs and preschool programs.

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

(g) To fund an adequate supply of teachers by providing scholarships or stipends to prospective

teachers in academic or vocational-technical areas where there is a critical teacher shortage.

Added by Acts 1985, No. 1020, §1, approved Sept. 27, 1986, eff. Oct. 30, 1986; Amended by

Acts 1989, 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. Wetlands Conservation and Restoration Fund

Section 10.2(A) Effective July 1, 1990, there shall be established in the state treasury the Wetlands

Conservation and Restoration Fund to provide a dedicated, recurring source of revenues for the

development and implementation of a program to conserve and restore Louisiana's vegetated wetlands.

Of revenues received in each fiscal year by the state as a result of the production of or exploration

for minerals, hereinafter referred to as mineral revenues from severance taxes, royalty payments, bonus

payments, or rentals, and excluding such revenues received by the state as a result of grants or

donations when the terms or conditions thereof require otherwise, the treasurer shall make the following

allocations:

(1) To the Bond Security and Redemption Fund as provided in Article VII, Section 9(B) of this

constitution.

(2) To the political subdivisions of the state as provided in Article VII, Sections 4(D) and (E) of this

constitution.

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

(B)(1) After making the allocations provided for in Paragraph (A), the treasurer shall then deposit in

and credit to the Wetlands Conservation and Restoration Fund any amount of mineral revenues that

may be necessary to insure that a total of five million dollars is deposited into such fund for the fiscal

year from this source; provided that the balance of the fund which consists of mineral revenues from

severance taxes, royalty payments, bonus payments, or rentals shall not exceed forty million dollars.

(2) After making the allocations and deposits provided for in Paragraphs (A) and (B)(1) of this

Section, the treasurer shall deposit in and credit to the Wetlands Conservation and Restoration Fund as

follows:

(a) Ten million dollars of the mineral revenues in excess of six hundred million dollars which remain

after the allocations provided for in Paragraph (A) are made by the treasurer.

(b) Ten million dollars of the mineral revenues in excess of six hundred fifty million dollars which

remain after the allocations provided in Paragraph (A) are made by the treasurer.

However, the balance of the fund which consists of mineral revenues from severance taxes, royalty

payments, bonus payments, or rentals shall not exceed forty million dollars.

investment of money in the fund shall be deposited in and 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 of mineral revenues from severance taxes, royalty

payments, bonus payments, or rentals shall not exceed forty million dollars. Any unexpended money.remaining in the fund at the end of the fiscal year shall be retained in the fund.

(D) The money in the fund may be appropriated for purposes consistent with the Wetlands

Conservation and Restoration Plan developed by the Wetlands Conservation and Restoration

Authority, or its successor.

No appropriation shall be made from the fund inconsistent with the purposes of the plan.

Added by Acts 1989, 2nd Ex. Sess., No. 24, §1, approved Oct. 7, 1989, eff. Nov. 7, 1989.

§10.3. Budget Stabilization Fund

Section 10.3.(A) There is hereby established in the state treasury a Budget Stabilization Fund

hereinafter referred to as the fund. Money shall be deposited in the fund as follows:

(1) All money available for appropriation from the state general fund and dedicated funds in excess

of the expenditure limit, except funds allocated by Article VII, Section 4, Paragraphs (D) and (E), shall

be deposited in the fund.

(2)(a) All revenues received in each fiscal year by the state in excess of seven hundred fifty million

dollars, hereinafter referred to as the base, as a result of the production of or exploration for minerals,

hereinafter referred to as mineral revenues, including severance taxes, royalty payments, bonus

payments, or rentals, and excluding such revenues received by the state as a result of grants or

donations when the terms or conditions thereof require otherwise and revenues derived from any tax on

the transportation of minerals, shall be deposited in the fund after the following allocations of said

mineral revenues have been made:

(i) To the Bond Security and Redemption Fund as provided by Article VII, Section 9 (B) of this

constitution.

(ii) To the political subdivisions of the state as provided in Article VII, Sections 4 (D) and (E) of

this constitution.

(iii) As provided by the requirements of Article VII, Section 10-A and 10.1 of this constitution.

(b) The base may be increased every ten years beginning in the year 2000 by a law enacted by

two-thirds of the elected members of each house of the legislature. Any such increase shall not exceed

fifty percent in the aggregate of the increase in the consumer price index for the immediately preceding

ten years.

(3) Twenty-five percent of any money designated in the official forecast as nonrecurring as

provided in Article VII, Section 10(D)(2) of this constitution shall be deposited in and credited to the

fund.

(4) Any money appropriated to the fund by the legislature including any appropriation to the fund

from money designated in the official forecast as provided in Article VII, Section 10(D)(2) of this

constitution shall be deposited in the fund..(B) Money in the fund shall be invested as provided by law. Earnings realized in each fiscal year on

the investment of monies in the fund shall be deposited to the credit of the fund. All unexpended and

unencumbered monies in the fund at the end of the fiscal year shall remain in the fund.

conditions:

(1) If the official forecast of recurring money for the next fiscal year is less than the official forecast

of recurring money for the current fiscal year, the difference, not to exceed one-third of the fund shall be

incorporated into the next year's official forecast only after the consent of two-thirds of the elected

members of each house of the legislature. If the legislature is not in session, the two-thirds requirement

may be satisfied upon obtaining the written consent of two-thirds of the elected members of each house

of the legislature in a manner provided by law.

(2) If a deficit for the current fiscal year is projected due to a decrease in the official forecast, an

amount equal to one-third of the fund not to exceed the projected deficit may be appropriated after the

consent of two-thirds of the elected members of each house of the legislature. Between sessions of the

legislature the appropriation may be made only after the written consent of two-thirds of the elected

members of each house of the legislature.

(3) In no event shall the amount included in the official forecast for the next fiscal year plus the

amount appropriated in the current fiscal year exceed one-third of the fund balance at the beginning of

the current fiscal year.

(4) No appropriation or deposit to the fund shall be made if such appropriation or deposit would

cause the balance in the fund to exceed four percent of total state revenue receipts for the previous

fiscal year.

Added by Acts 1990, No. 1096, §1, approved Oct. 6, 1990, eff. Nov. 8, 1990; Acts 1997, No.

1501, §1, approved Oct. 3, 1998, eff. Nov. 5, 1998.

§10.4. Higher Education Louisiana Partnership Fund; Program

Section 10.4.(A) Higher Education Louisiana Partnership Fund. (1) There is hereby established a

special fund in the state treasury to be known as the Higher Education Louisiana Partnership Fund,

hereinafter referred to as the "fund", consisting of monies appropriated annually by the legislature,

grants, gifts, and donations received by the state for the purposes of this Section, and other revenues as

may be provided by law; provided that no such monies shall come from the allocations provided in

Article VII, Section 4, Paragraphs (D) and (E) of this constitution.

(2) All unexpended and unencumbered monies in the Higher Education Louisiana Partnership Fund

at the end of a fiscal year shall remain in such fund and be available for appropriation in the next fiscal

year. The monies in the fund shall be invested by the state treasurer in accordance with state law, and

interest earned on the investment of these monies shall be credited to the fund, after compliance with the

requirements of Article VII, Section 9(B) of the Constitution of Louisiana, relative to the Bond Security

and Redemption Fund.

(B) Higher Education Louisiana Partnership Program. (1) Upon appropriation by the legislature, the.monies in the fund shall be divided into matching grants for the Higher Education Louisiana Partnership

Program which shall be administered by the Board of Regents. The Board of Regents may allocate

program funds to each public or independent institution of higher education on a one to one and

one-half matching basis or one twenty thousand dollar state matching grant for each thirty thousand

dollars raised specifically for the purposes of participation in the Higher Education Louisiana

Partnership Program by the institutions of higher education from private sources. The state matching

portion shall be allocated by the Board of Regents only after it determines that an eligible institution has

accumulated not less than the minimum required amount from private sources for the purposes of the

Higher Education Louisiana Partnership Program.

(2)(a) No public institution of higher education shall be eligible in any given fiscal year to receive a

share of program funds which is greater than that institution's proportion of the full-time equivalent

number of students enrolled in public higher education in the state.

(b) No independent institution of higher education shall be eligible in any given fiscal year to receive

a share of program funds which is greater than that institution's proportion of the full-time equivalent

number of students enrolled in independent institutions of higher education in the state.

first of any fiscal year unallocated to any matching grant, then any participating institution of higher

education which has raised the required funds from private sources may apply for and be awarded the

number of additional matching grants for which unallocated funding is available and which the institution

is able to match. Provided however, that no participating institution shall receive more than fifty percent

of available funds in any fiscal year.

(d) However, the share of the program funds received annually by independent institutions of higher

education shall not exceed fifteen percent in the aggregate of the total amount of program funds

available for matching grants under this program.

(3) State matching funds shall be applied only to private source funds contributed after July 1,

1991, and pledged for the purposes of this Section as certified by the Board of Regents. Pledged

contributions shall not be eligible for state matching funds prior to their actual collection.

(4) Each institution of higher education may establish its own Higher Education Louisiana

Partnership Program fund as a depository for private contributions and state matching funds as

provided herein. The state matching funds allocated by the Board of Regents shall be transferred to an

institution upon notification that the institution has received and deposited the necessary private

contributions in its own Higher Education Louisiana Partnership Program fund.

(5) Each institution of higher education, under the supervision and management of its board, shall

have the responsibility for the administration of the Higher Education Louisiana Partnership Program at

that institution and for maintenance and investment of its fund. The institution shall be responsible for

soliciting and receiving gifts from private sources to be used for the purposes of this Section.

(6) State matching grants from funds allocated for the Higher Education Louisiana Partnership

Program may be made for the purposes of endowed professorships totaling one hundred thousand

dollars or more; endowed undergraduate scholarships totaling fifty thousand dollars or more; library.acquisitions, laboratory enhancement, or research and instructional equipment acquisitions totaling fifty

thousand dollars or more; or facilities construction or renovations totaling one hundred thousand dollars

or more.

(7) The monies appropriated by the legislature and disbursed from the Higher Education Louisiana

Partnership Fund shall not displace, replace, or supplant appropriations for higher education from the

general fund or from bond proceeds. This shall mean that no disbursement from the fund for a current

fiscal year shall be made for any higher education purpose for which an appropriation was made the

previous year from the general fund or from bond proceeds unless the total appropriations for the

current fiscal year for higher education from the state general fund or from bond proceeds exceed

general fund appropriations or bond proceeds appropriations for higher education for the previous

year. This requirement shall in no way limit appropriations from the general fund or from bond proceeds

in excess of the minimum amounts herein established.

The legislature shall provide for the implementation of this Section.

Added by Acts 1991, No. 1069, §1, approved Oct. 19, 1991, ff. Nov. 21, 1991.

§10.5. Mineral Revenue Audit and Settlement Fund

Section 10.5.(A) There shall be established in the state treasury the Mineral Revenue Audit and

Settlement Fund, hereinafter referred to as the "fund". Of revenues received in each fiscal year by the

state through settlements or judgments which equal, in both principal and interest, five million dollars or

more for each such settlement or judgment, resulting from underpayment to the state of severance

taxes, royalty payments, bonus payments, or rentals, the treasurer shall make the following allocations

as required:

(1) To the Bond Security and Redemption Fund as provided in Article VII, Section 9(B) of this

constitution.

(2) To the political subdivisions of the state as provided 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 this

constitution.

(B) After making the allocations provided for in Paragraph (A), the treasurer shall then deposit in

and credit to the Mineral Revenue Audit and Settlement Fund any such remaining revenues. Any

revenues deposited in and credited to the fund shall be considered mineral revenues from severance

taxes, royalty payments, bonus payments, or rentals for purposes of determining deposits and credits to

be made in and to the Wetlands Conservation and Restoration Fund as provided in Article VII, Section

10.2 of this constitution. Any revenues deposited in and credited to the fund shall not be considered

mineral revenues for purposes of the Revenue Stabilization Mineral Trust Fund as provided in Article

VII, Section 10.3 of this constitution. Money in the fund shall be invested as provided by law. The

earnings realized in each fiscal year on the investment of monies in the Mineral Revenue Audit and

Settlement Fund shall be deposited in and credited to the Mineral Revenue Audit and Settlement Fund..(C) The legislature may annually appropriate monies in the Mineral Revenue Audit and Settlement

Fund only for the purposes of retirement in advance of maturity through redemption, purchase, or

repayment of debt of the state or of the Louisiana Recovery District, or both, pursuant to a plan

proposed by the State Bond Commission to maximize the savings to the state, or to provide for

payments against the unfunded accrued liability of the public retirement systems which are in addition to

any payments required for the annual amortization of the unfunded accrued liability of the public

retirement systems, required by Article X, Section 29 of this constitution; however, any such payment

to the public retirement systems shall not be used, directly or indirectly, to fund cost-of-living increases

for such systems.

Added by Acts 1991, No. 1070, §1, approved Oct. 19, 1991, eff. Jan. 1, 1992; Amended by

Acts 1995, No. 1325, §1, approved Oct. 21, 1995, eff. Nov. 23, 1995.

§10.6. Oilfield Site Restoration Fund

Section 10.6.(A) Oilfield Site Restoration Fund. Effective January 4, 1996, there shall be

established in the state treasury, as a special fund, the Oilfield Site Restoration Fund, hereinafter

referred to as the restoration fund. Out of the funds remaining in the Bond Security and Redemption

Fund after a sufficient amount is allocated from that fund to pay all obligations secured by the full faith

and credit of the state which become due and payable within any fiscal year as required by Article VII,

Section 9(B) of this constitution, the treasurer shall pay into the restoration fund all of the following:

(1) All revenue from the types and classes of fees, penalties, other revenues, or judgments

associated with site cleanup activities paid into the restoration fund as provided by law on the effective

date of this Section. Such revenue shall be deposited in the restoration fund even if the names of such

fees, other revenues, or penalties are changed.

Any increase in the amount charged for such fees, penalties, other revenues, or judgments

associated with site cleanup activities enacted by the legislature after the effective date of this Section,

for the purpose of orphaned oilfield site restoration shall be irrevocably dedicated and deposited in the

restoration fund.

(2) The balance remaining on January 4, 1996 in the Oilfield Site Restoration Fund established by

law.

(3) All funds or revenues which may be donated expressly to the restoration fund.

(4) All site-specific trust account funds established by law.

(B) The monies in the restoration fund shall be appropriated by the legislature to the Department of

Natural Resources, or its successor, and shall be used solely for the programs and purposes of oilfield

site restoration as required by law.

shall remain in the fund. The monies in the fund shall be invested by the treasurer in the manner provided

by law. All interest earned on monies invested by the treasurer shall be deposited in the fund. The

treasurer shall prepare and submit to the department on a quarterly basis a printed report showing the

amount of money contained in the fund from all sources..(D) The provisions of this Section shall not apply to or affect funds allocated by Article VII, Section

4, Paragraphs (D) and (E).

Added by Acts 1995, No. 1330, §1, approved Oct. 21, 1995, eff. Nov. 23, 1995.

§10.7. Oil Spill Contingency Fund

Section 10.7.(A) Oil Spill Contingency Fund. Effective January 4, 1996, there shall be established

in the state treasury, as a special fund, the Oil Spill Contingency Fund, hereinafter referred to as the

contingency fund. Out of the funds remaining in the Bond Security and Redemption Fund after a

sufficient amount is allocated from that fund to pay all obligations secured by the full faith and credit of

the state which become due and payable within any fiscal year as required by Article VII, Section 9(B)

of this constitution, the treasurer shall pay into the contingency fund all of the following, on the effective

date of this Section:

(1) All revenue from the types and classes of fees, taxes, penalties, judgments, reimbursements,

charges, and federal funds collected or other revenue paid into the contingency fund as provided by law

on the effective date of this Section. Such revenue shall be deposited in the contingency fund even if the

names of such fees, taxes, penalties, judgments, reimbursements, charges, and federal funds collected

or other revenues are changed.

Any increase in the amount charged for such fees, taxes, penalties, judgments, reimbursements,

charges, and federal funds collected or other revenue, or any new fees, taxes, penalties, judgments,

reimbursements, charges, and federal funds collected or other revenue enacted by the legislature for the

purposes of abatement and containment of actual or threatened unauthorized discharges of oil after the

effective date of this Section, shall be irrevocably dedicated and deposited in the contingency fund.

(2) The balance remaining on January 4, 1996 in the Oil Spill Contingency Fund established by law.

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

(B) The monies in the contingency fund shall be appropriated by the legislature to be used solely for

the programs and purposes of abatement and containment of actual or threatened unauthorized

discharges of oil as provided by law; and for administrative expenses associated with such programs

and purposes as provided by law.

shall remain in the fund. The monies in the fund shall be invested by the treasurer in the manner provided

by law. All interest earned on monies invested by the treasurer shall be deposited in the fund. The

balance of the fund shall not exceed thirty million dollars or otherwise as provided by law.

(D) The provisions of this Section shall not apply to 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 Trust

Section 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 and Redemption Fund as provided in Article

VII, Section 9(B) of this constitution, the treasurer shall deposit in and credit to the Millennium Trust

certain monies received as a result of the Master Settlement Agreement, hereinafter the "Settlement

Agreement", executed November 23, 1998, and approved by Consent Decree and Final Judgment

entered in the case "Richard P. Ieyoub, Attorney General, ex rel. State of Louisiana v. Philip Morris,

Incorporated, et al.", bearing Number 98-6473 on the docket of the Fourteenth Judicial District for the

parish of Calcasieu, state of Louisiana; and all dividend and interest income and all realized capital gains

on investment of the monies in the Millennium Trust. The treasurer shall deposit in and credit to the

Millennium Trust the following amounts of monies received as a result of the Settlement Agreement:

(a) Fiscal Year 2000-2001, forty-five percent of the total monies received that year.

(b) Fiscal Year 2001-2002, sixty percent of the total monies received that year.

received that year.

(d) For Fiscal Year 2000-2001, Fiscal Year 2001-2002, and Fiscal Year 2002-2003, ten percent

of the total monies received in each of those years for credit to the Education Excellence Fund which,

notwithstanding the provisions of Subparagraph (C)(1) of this Section, shall be appropriated for the

purposes provided in Subsubparagraph (d) of Subparagraph (3) of Paragraph (C) of this Section.

(2) The Health Excellence Fund shall be established as a special fund within the Millennium Trust.

The treasurer shall credit to the Health Excellence Fund one-third of the Settlement Agreement

proceeds deposited each year into the Millennium Trust, and one-third of all investment earnings on the

investment of the Millennium Trust. The treasurer shall report annually to the legislature as to the amount

of Millennium Trust investment earnings credited to the Health Excellence Fund.

(3) The Education Excellence Fund shall be established as a special fund within the Millennium

Trust. The treasurer shall credit to the Education Excellence Fund one-third of the Settlement

Agreement proceeds deposited each year into the Millennium Trust, and one-third of all investment

earnings on the investment of the Millennium Trust. The treasurer shall report annually to the legislature

and the state superintendent of education as to the amount of Millennium Trust investment earnings

credited to the Education Excellence Fund.

(4) The TOPS Fund shall be established as a special fund within the Millennium Trust. The

treasurer shall deposit in and credit to the TOPS Fund one-third of the Settlement Agreement proceeds

deposited into the Millennium Trust, and one-third of all investment earnings on the investment of the

Millennium Trust. The treasurer shall report annually to the legislature as to the amount of Millennium

Trust investment earnings credited to the TOPS Fund.

(5) The amount of Settlement Agreement revenues deposited in the Millennium Trust and credited

to the respective funds may be increased and the amount of such revenues deposited into the Louisiana

Fund may be decreased by a specific legislative instrument which receives a favorable vote of two-.thirds of the elected members of each house of the legislature.

(B) Investment. Monies credited to the Millennium Trust pursuant to Paragraph (A) of this Section

shall be invested by the treasurer with the same authority and subject to the same restrictions as the

Louisiana Education Quality Trust Fund. However, the portion of monies in the Millennium Trust which

may be invested in stock may be increased to no more than fifty percent by a specific legislative

instrument which receives a favorable vote of two-thirds of the elected members of each house of the

legislature. The legislature shall provide for procedures for the investment of such monies by law. The

treasurer may contract, subject to the approval of the State Bond Commission, for the management of

such investments and, if a contract is entered into, amounts necessary to pay the costs of the contract

shall be appropriated from the Millennium Trust.

Fund, and TOPS Fund shall be limited to an annual amount not to exceed the estimated aggregate

annual earnings from interest, dividends, and realized capital gains on investment of the trust as

recognized by the Revenue Estimating Conference. Amounts determined to be available for

appropriation shall be those aggregate investment earnings which are in excess of an inflation factor as

determined by the Revenue Estimating Conference. The amount of realized capital gains on investment

which may be included in the aggregate earnings available for appropriation in any year shall not exceed

the aggregate of earnings from interest and dividends for that year.

(2) Appropriations from the Health Excellence Fund shall be restricted to the following purposes:

(a) Initiatives to ensure the optimal development of Louisiana's children through the provision of

appropriate health care, including children's health insurance, services provided by school-based health

clinics, rural health clinics, and primary care clinics, and early childhood intervention programs targeting

children from birth through age four including programs to reduce infant mortality.

(b) Initiatives to benefit the citizens of Louisiana with respect to health care through pursuit of

innovation in advanced health care sciences, and the provision of comprehensive chronic disease

management services.

ensure accountability in the expenditure of such monies.

(3) Appropriations from the Education Excellence Fund shall be limited as follows:

(a) Fifteen percent of monies available for appropriation in any fiscal year from the Education

Excellence Fund shall be appropriated to the state superintendent of education for distribution on behalf

of all children attending private elementary and secondary schools that have been approved by the

State Board of Elementary and Secondary Education, both academically and as required for such

school to receive money from the state.

(b) Appropriations shall be made each year to the Louisiana School for the Deaf, the Louisiana

School for the Visually Impaired, the Louisiana Special Education Center in Alexandria, the Louisiana

School for Math, Science and the Arts, the New Orleans Center for Creative Arts and the Louis

Armstrong High School for the Arts, after such schools are operational, to provide for a payment to.each school of seventy-five thousand dollars plus an allocation for each pupil equal to the average

statewide per pupil amount provided each city, parish, and local school system pursuant to

Subsubparagraphs (d) and (e) of this Subparagraph.

State Board of Elementary and Secondary Education or any city, parish, or other local school system

and for alternative schools and programs which are authorized and approved by the State Board of

Elementary and Secondary Education but are not subject to the jurisdiction and management of any

city, parish, or local school system, to provide for an allocation for each pupil, which shall be the

average statewide per pupil amount provided in each city, parish, or local school system pursuant to

Subsubparagraphs (d) and (e) of this Subparagraph.

(d) Beginning Fiscal Year 2000-2001 and for each fiscal year through the end of Fiscal Year

2006-2007, of the monies available for appropriation after providing for the purposes enumerated in

Subsubparagraphs (a), (b), and (c) of this Subparagraph, the following appropriations shall be made to

the state superintendent of education for distribution as follows:

(i) Thirty percent of the funds available to be divided equally among each city, parish, and other

local school system.

(ii) Seventy percent of the funds available to be divided among each city, parish, and other local

school system in amounts which are proportionate to each school's share of the total state share of the

Minimum Foundation Program appropriation as contained in the most recent Minimum Foundation

Program budget letter approved by the State Board of Elementary and Secondary Education.

(e) Beginning Fiscal Year 2007-2008 and for each fiscal year thereafter, of the monies available for

appropriation after providing for the purposes enumerated in Subsubparagraphs (a), (b), and (c) of this

Subparagraph, one hundred percent of the monies available for appropriation in any fiscal year shall be

appropriated for each city, parish, and other local school system on a pro rata basis which is based on

the ratio of the student population of that school or school system to that of the total state student

population as contained in the most recent Minimum Foundation Program.

(f) Monies appropriated pursuant to this Subparagraph shall be restricted to expenditure for pre-kindergarten

through twelfth grade instructional enhancement for students, including early childhood

education programs focused on enhancing the preparation of at-risk children for school, remedial

instruction, and assistance to children who fail to achieve the required scores on any tests passage of

which are required pursuant to state law or rule for advancement to a succeeding grade or other

educational programs approved by the legislature. Expenditures for maintenance or renovation of

buildings, capital improvements, and increases in employee salaries are prohibited. The state

superintendent of education shall be responsible for allocating all money due private schools.

(g) Each recipient school or school system shall annually prepare and submit to the state

Department of Education, hereinafter the "department", a prioritized plan for expenditure of funds it

expects to receive in the coming year from the Education Excellence Fund. The plan shall include

performance expectations to ensure accountability in the expenditure of such monies. The department

shall review such plans for compliance with the requirements of this Subparagraph and to assure that

the expenditure plans will support excellence in educational practice. No funds may be distributed to.any school or school system until its plan has received both legislative and departmental approval as

provided by law.

(h) No amount appropriated as required in this Paragraph shall displace, replace, or supplant

appropriations from the general fund for elementary and secondary education, including implementing

the Minimum Foundation Program. This Subsubparagraph shall mean that no appropriation for any

fiscal year from the Education Excellence Fund shall be made for any purpose for which a general fund

appropriation was made in the previous year unless the total appropriations for the fiscal year from the

state general fund for such purpose exceed general fund appropriations of the previous year. Nor shall

any money allocated to a city or parish school board pursuant to this Paragraph displace, replace, or

supplant locally generated revenue, which means that no allocation to any city or parish school board

from the investment earnings attributable to the Education Excellence Fund shall be expended for any

purpose for which a local revenue source was expended for that purpose for the previous year unless

the total of the local revenue amount expended that fiscal year exceeds the total of such local revenue

amounts for the previous fiscal year.

(i) The treasurer shall maintain within the state treasury a record of the amounts appropriated and

credited for each entity through appropriations authorized in this Subparagraph and which remain in the

state treasury. Notwithstanding any other provisions of this constitution to the contrary, such amounts,

and investment earnings attributable to such amounts, shall remain to the credit of each recipient entity

at the close of each fiscal year.

(4) Appropriations from the TOPS Fund shall be restricted to support of state programs for

financial assistance for students attending Louisiana institutions of postsecondary education.

Added by Acts 1999, No. 1392, §1, approved Oct. 23, 1999, eff. 7/1/2000.

§10.9. Louisiana Fund

Section 10.9. Louisiana Fund

A. The Louisiana Fund is established in the state treasury as a special fund. After allocation of

money to the Bond Security and Redemption Fund as provided in Article VII, Section 9(B) of this

constitution, the treasurer shall deposit in and credit to the Louisiana Fund all remaining monies received

as a result of the Settlement Agreement after deposits into the Millennium Trust as provided in Section

10.8 of this Article, and all interest income on the investment of monies in the Louisiana Fund. Monies

in the Louisiana Fund shall be invested by the treasurer in the same manner as the state general fund.

B. Appropriations from the Louisiana Fund shall be restricted to the following purposes:

(1) Initiatives to ensure the optimal development of Louisiana's children through enhancement of

educational opportunities and the provision of appropriate health care, which shall include but not be

limited to:

(a) Early childhood intervention programs targeting children from birth through age four, including

programs to reduce infant mortality.

(b) Support of state programs for children's health insurance..(c) School-based health clinics, rural health clinics, and primary care clinics.

(2) Initiatives to benefit the citizens of Louisiana with respect to health care through pursuit of

innovation in advanced health care sciences, provision of comprehensive chronic disease management

services, and expenditures for capital improvements for state health care facilities.

(3) Provision of direct health care services for tobacco-related illnesses.

(4) Initiatives to diminish tobacco-related injury and death to Louisiana's citizens through

educational efforts, cessation assistance services, promotion of a tobacco-free lifestyle, and

enforcement of the requirements of the Settlement Agreement by the attorney general.

C. Each appropriation from the Louisiana Fund shall include performance expectations to ensure

accountability in the expenditure of such monies. Any unexpended and unencumbered monies in each

fund at the end of a fiscal year shall remain in the respective fund.

Added by Acts 1999, No. 1392, §1, approved Oct. 23, 1999, eff. 7/1/2000.

§10.10. Millennium Leverage Fund

A. Millennium Leverage Fund. Notwithstanding the provisions of Article VII, Sections 10.8 and

10.9 of this constitution, the legislature may provide, by passage of a specific legislative instrument by a

favorable vote of two-thirds of the elected members of each house of the legislature, for the deposit of

all or a portion of monies received by the state as a result of the Master Settlement Agreement,

hereinafter the "Settlement Agreement", executed November 23, 1998, and approved by Consent

Decree and Final Judgment entered in the case "Richard P. Ieyoub, Attorney General, ex rel. State of

Louisiana v. Philip Morris, Incorporated, et al.", bearing Number 98-6473 on the docket of the

Fourteenth Judicial District for the parish of Calcasieu, state of Louisiana; after satisfying the

requirements of Article VII, Section 9(B) of this constitution, into the Millennium Leverage Fund which

is hereby established as a special permanent trust fund in the state treasury. The Millennium Leverage

Fund shall hereinafter be referred to as the "Leverage Fund".

B. Investment. Monies deposited in the Leverage Fund shall be invested and administered by the

treasurer. Notwithstanding any provision of this constitution to the contrary, a portion of the monies in

the Leverage Fund, not to exceed fifty percent, may be invested in stock. The legislature shall provide

for the procedure for the investment of such monies by law. The treasurer shall contract, subject to

approval of the State Bond Commission, for the management of such investments. The monies in the

Leverage Fund shall be available for appropriation to pay expenses incurred in the investment and

management of monies in the fund.

C. Revenue Bonds. The State Bond Commission, or its successor, may issue and sell bonds, notes,

or other obligations, hereinafter the "bonds" secured by a pledge of a portion of the monies received by

the state as a result of the Settlement Agreement which are otherwise to be deposited in the Leverage

Fund as provided in this Section. Such bonds may be issued only in amounts authorized by the

legislature by two-thirds of the elected members of each house of the legislature. If settlement revenues

are pledged to secure any revenue bonds issued pursuant to this Section, any portion thereof needed to

pay principal, interest, or premium, if any, and other obligations incident to the issuance, security,

prepayment, defeasance, and payment in respect thereof may be expended by the treasurer without the.need for an appropriation, provided that the prepayment or defeasance has been approved by the

legislature. Bonds so issued may also be further secured by a collateralization of all or a portion of

monies in the Leverage Fund. If bonds are issued subject to such a collateralization, the treasurer may

pay from the Leverage Fund any principal, interest, or premium, if any, and other obligations incident to

the issuance, security, prepayment, defeasance, and payment in respect thereof without the need for an

appropriation, provided that the prepayment or defeasance has been approved by the legislature. The

net proceeds of any bonds issued pursuant to this Section shall be deposited in and credited to the

Leverage Fund. Any revenue bonds issued under authority of this Section shall not be general obligation

bonds secured by the full faith and credit of the state.

D. Appropriations. (1) The legislature may annually appropriate the bond proceeds credited to the

Leverage Fund and all earnings, income, and realized capital gains on investment of monies in the

Leverage Fund as recognized as available for appropriation in the official forecast of the Revenue

Estimating Conference. The Revenue Estimating Conference shall include in its forecast of monies

available for appropriation only that amount of earnings, income, and realized capital gains which are in

excess of inflation as determined by the conference.

(2) Appropriations may be made only for the following purposes:

(a) Twenty-five percent shall be available for appropriation for the purposes as provided in the

TOPS Fund.

(b) Twenty-five percent shall be available for appropriation for the purposes as provided in the

Health Excellence Fund.

Fund.

(d) Twenty-five percent shall be available for appropriation as provided in the Louisiana Fund.

(e) The amounts available for appropriation for each of the purposes contained in Subparagraphs

(a) through (c) of this Paragraph may be increased, and the amount available for appropriation for the

purposes of Subsubparagraph (d) may be decreased by a specific legislative instrument which receives

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

E. Termination. The legislature may, by passage of a specific legislative instrument by a favorable

vote of two-thirds of the elected members of each house of the legislature, provide for the termination

of deposits to the Leverage Fund. Any such termination shall be made in such a manner so as to not

impair the obligation, validity, or security of any bonds issued under the authority of this Section. Upon

termination, the amount of any settlement revenues over and above the amount pledged for security of

any bonds issued pursuant to the authority granted in this Section, shall be deposited in and credited as

provided in Article VII, Sections 10.8 and 10.9 of this Constitution.

Added by Acts 1999, No. 1392, §1, approved Oct. 23, 1999, eff. 7/1/2000.

§10.11. Farm support program; Drought Protection Trust Fund

[Acts 2001, No. 1233 proposal to add §10.11: To be submitted to electors on November 5, 2002].A. Notwithstanding any provision of this constitution to the contrary, the legislature by law may establish

and implement one or more programs to assist farmers who voluntarily forgo irrigating with groundwater for

agricultural production for the purpose of protecting, conserving, or replenishing groundwater supply during

periods of drought or to enhance and develop surface water resources for use by farmers for irrigation

purposes, or both.

B. The Drought Protection Trust Fund is hereby established in the state treasury as a special fund. The

source of monies in this fund shall be public and private monies received by the state for the purposes of

protection, development, and enhancement of groundwater and surface water resources of the state, any

other revenues as may be provided by law, and any other monies which may be appropriated to the fund. The

legislature may appropriate from the fund for the purpose of providing revenue to assist eligible farmers in

the form of loans, grants, or other subsidies and to provide revenue for the development and enhancement of

surface water resources. The legislature may provide by law relative to the Drought Protection Trust Fund.

Added by Acts 2001, No. 1233, §1.

§11. Budgets

Section 11.(A) Budget Estimate. The governor shall submit to the legislature, at the time and in the

form fixed by law, a budget estimate for the next fiscal year setting forth all proposed state

expenditures. This budget shall include a recommendation for appropriations from the state general fund

and from dedicated funds, except funds allocated by Article VII, Section 4, Paragraphs (D) and (E),

which shall not exceed the official forecast of the Revenue Estimating Conference and the expenditure

limit for the fiscal year. The recommendation shall also comply with the provisions of Article VII,

Section 10(D).

[Acts 2001, No. 1234 proposal to amend §11(A): To be submitted to the electors on November 5, 2002.]

(A) Budget Estimate. The governor shall submit to the legislature, at the time and in the form fixed by

law, a budget estimate for the next fiscal year setting forth all proposed state expenditures. This budget shall

include a recommendation for appropriations from the state general fund and from dedicated funds, except

funds allocated by Article VII, Section 4, Paragraphs (D) and (E), which shall not exceed the official

forecast of the Revenue Estimating Conference and the expenditure limit for the fiscal year. The

recommendation shall also comply with the provisions of Article VII, Section 10(D). This budget shall

include a recommendation for funding of state salary supplements for full-time law enforcement and fire

protection officers of the state, as provided in Article VII, Section 10(D)(3) of this constitution.

(B) Operating Budget. The governor shall cause to be submitted a general appropriation bill for

proposed ordinary operating expenditures which shall be in conformity with the recommendations for

appropriations contained in the budget estimate. The governor may cause to be submitted a bill or bills

to raise additional revenues with proposals for the use of these revenues.

proposed five-year capital outlay program and request implementation of the first year of the program.

Prior to inclusion in the comprehensive capital budget which the legislature adopts, each capital

improvement project shall be evaluated through a feasibility study, as defined by the legislature, which

shall include an analysis of need and estimates of construction and operating costs. The legislature shall

provide by law for procedures, standards, and criteria for the evaluation of such feasibility studies and

shall set the schedule of submission of such feasibility studies which shall take effect not later than

December thirty-first following the first regular session convening after this Paragraph takes effect.

These procedures, standards, and criteria for evaluation of such feasibility studies cannot be changed or.altered except by a separate legislative instrument approved by a favorable vote of two-thirds of the

elected members of each house of the legislature. For those projects not eligible for funding under the

provisions of Article VII, Section 27 of this constitution, the request for implementation of the first year

of the program shall include a list of the proposed projects in priority order based on the evaluation of

the feasibility studies submitted. Capital outlay projects approved by the legislature shall be made a part

of the comprehensive state capital budget, which shall be adopted by the legislature.

Amended by Acts 1990, No. 1096, §1, approved Oct. 6, 1990, eff. Nov. 8, 1990; Acts 1993,

No. 1045, §1, approved Oct. 16, 1993, eff. Nov. 18, 1993.

§12. Reports and Records

Section 12. Reports and records of the collection, expenditure, investment, and use of state money

and those relating to state obligations shall be matters of public record, except returns of taxpayers and

matters pertaining 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 be

invested as provided by law.

§14. Donation, Loan, or Pledge of Public Credit

Section 14.(A) Prohibited Uses. Except as otherwise provided by this constitution, the funds,

credit, property, or things of value of the state or of any political subdivision shall not be loaned,

pledged, or donated to or for any person, association, or corporation, public or private. Except as

otherwise provided in this Section, neither the state nor a political subdivision shall subscribe to or

purchase the stock of a corporation or association or for any private enterprise.

(B) Authorized Uses. Nothing in this Section shall prevent (1) the use of public funds for programs

of social welfare for the aid and support of the needy; (2) contributions of public funds to pension and

insurance programs for the benefit of public employees; (3) the pledge of public funds, credit, property,

or things of value for public purposes with respect to the issuance of bonds or other evidences of

indebtedness to meet public obligations as provided by law; (4) the return of property, including mineral

rights, to a former owner from whom the property had previously been expropriated, or purchased

under threat of expropriation, when the legislature by law declares that the public and necessary

purpose which originally supported the expropriation has ceased to exist and orders the return of the

property to the former owner under such terms and conditions as specified by the legislature; (5)

acquisition of stock by any institution of higher education in exchange for any intellectual property; (6)

the donation of abandoned or blighted housing property by the governing authority of a municipality or

a parish to a nonprofit organization which is recognized by the Internal Revenue Service as a 501(c)(3)

or 501(c)(4) nonprofit organization and which agrees to renovate and maintain such property until

conveyance of the property by such organization; (7) the deduction of any tax, interest, penalty, or

other charges forming the basis of tax liens on blighted property so that they may be subordinated and

waived in favor of any purchaser who is not a member of the immediate family of the blighted property

owner or which is not any entity in which the owner has a substantial economic interest, but only in

connection with a property renovation plan approved by an administrative hearing officer appointed by

the parish or municipal government where the property is located; (8) the deduction of past due taxes,.interest and penalties in favor of an owner of a blighted property, but only when the owner sells the

property at less than the appraised value to facilitate the blighted property renovation plan approved by

the parish or municipal government and only after the renovation is completed such deduction being

canceled, null and void, and to no effect in the event ownership of the property in the future reverts

back to the owner or any member of his immediate family; (9) the donation by the state of asphalt

which has been removed from state roads and highways to the governing authority of the parish or

municipality where the asphalt was removed, or if not needed by such governing authority, then to any

other parish or municipal governing authority, but only pursuant to a cooperative endeavor agreement

between the state and the governing authority receiving the donated property; or (10) the investment in

stocks of a portion of the Rockefeller Wildlife Refuge Trust and Protection Fund, 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, such portion not to exceed thirty-five percent of each fund.

[Proposed Amendment to §14(B) by Act 1234: To be submitted to electors November 5, 2002.]

(B) Authorized Uses. Nothing in this Section shall prevent (1) the use of public funds for programs of

social welfare for the aid and support of the needy; (2) contributions of public funds to pension and

insurance programs for the benefit of public employees; (3) the pledge of public funds, credit, property, or

things of value for public purposes with respect to the issuance of bonds or other evidences of indebtedness

to meet public obligations as provided by law; (4) the return of property, including mineral rights, to a

former owner from whom the property had previously been expropriated, or purchased under threat of

expropriation, when the legislature by law declares that the public and necessary purpose which originally

supported the expropriation has ceased to exist and orders the return of the property to the former owner

under such terms and conditions as specified by the legislature; (5) acquisition of stock by any institution of

higher education in exchange for any intellectual property; (6) the donation of abandoned or blighted

housing property by the governing authority of a municipality or a parish to a nonprofit organization which

is recognized by the Internal Revenue Service as a 501(c)(3) or 501(c)(4) nonprofit organization and which

agrees to renovate and maintain such property until conveyance of the property by such organization; (7) the

deduction of any tax, interest, penalty, or other charges forming the basis of tax liens on blighted property so

that they may be subordinated and waived in favor of any purchaser who is not a member of the immediate

family of the blighted property owner or which is not any entity in which the owner has a substantial

economic interest, but only in connection with a property renovation plan approved by an administrative

hearing officer appointed by the parish or municipal government where the property is located; (8) the

deduction of past due taxes, interest and penalties in favor of an owner of a blighted property, but only when

the owner sells the property at less than the appraised value to facilitate the blighted property renovation

plan approved by the parish or municipal government and only after the renovation is completed such

deduction being canceled, null and void, and to no effect in the event ownership of the property in the future

reverts back to the owner or any member of his immediate family; (9) the donation by the state of asphalt

which has been removed from state roads and highways to the governing authority of the parish or

municipality where the asphalt was removed, or if not needed by such governing authority, then to any other

parish or municipal governing authority, but only pursuant to a cooperative endeavor agreement between the

state and the governing authority receiving the donated property; (10) the investment in stocks of a portion

of the Rockefeller Wildlife Refuge Trust and Protection Fund, 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, such

portion not to exceed thirty-five percent of each fund; or (11) the investment in stocks of a portion of the

Medicaid Trust Fund for the Elderly created under the provisions of R.S. 46:2691 et seq., such portion not to

exceed thirty-five percent of the fund.

[Proposed Amendment to §14(B) by Act 1235: To be submitted to electors November 5, 2002.]

(B) Authorized Uses. Nothing in this Section shall prevent (1) the use of public funds for programs of

social welfare for the aid and support of the needy; (2) contributions of public funds to pension and.insurance programs for the benefit of public employees; (3) the pledge of public funds, credit, property, or