Constitution of Louisiana (2024 publisher edition) — Preamble

Publisher edition notice: This complete Senate compilation is dated January 8, 2024 and includes amendments through calendar year 2023. Later amendments have not been independently verified.

Preamble

Louisiana Constitution of 1974 Louisiana State Senate January 8, 2024 Compiled from the Louisiana Senate Statutory Database. (As amended through calendar year 2023)

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Table of Contents Preamble Article I. Declaration of Rights §1. Origin and Purpose of Government 1 §2. Due Process of Law 1 §3. Right to Individual Dignity 1 §4. Right to Property 1 §5. Right to Privacy 3 §6. Freedom from Intrusion 3 §7. Freedom of Expression 3 §8. Freedom of Religion 3 §9. Right of Assembly and Petition 3 §10. Right to Vote; Disqualification from Seeking or Holding an Elective Office 3 §10.1 Disqualification from Seeking or Holding an Elective Office or Appointment 3 §11. Right to Keep and Bear Arms 3 §12. Freedom from Discrimination 3 §13. Rights of the Accused 4 §14. Right to Preliminary Examination 4 §15. Initiation of Prosecution 4 §16. Right to a Fair Trial 4 §17. Jury Trial in Criminal Cases; Joinder of Felonies; Mode of Trial 4 §18. Right to Bail 5 §19. Right to Judicial Review 5 §20. Right to Humane Treatment 5 §20.1 Abortion 5 §21. Writ of Habeas Corpus 5 §22. Access to Courts 5 §23. Prohibited Laws 5 §24. Unenumerated Rights 5 §25. Rights of a Victim 5 §26. State Sovereignty 6 §27. Freedom to Hunt, Fish and Trap 6 Article II. Distribution of Powers §1. Three Branches 6 §2. Limitations on Each Branch 6 Article III. Legislative Branch §1. Legislative Power; Composition; Continuous Body 6 §2. Sessions 6 §3. Size 7 §4. Qualifications; Residence and Domicile Requirements; Term; Election Limitations; Vacancies; Temporary Successors; Salary 7 §5. Taking Office 8 §6. Legislative Reapportionment; Reapportionment by Supreme Court; Procedure 8 §7. Judging Qualifications and Elections; Procedural Rules; Discipline; Expulsion; Subpoenas; Contempt; Officers 8 §8. Privileges and Immunities 8 §9. Conflict of Interest 9 §10. Quorum; Compulsory Attendance; Journal; Adjournment With Consent of Other House 9 §11. Legislative Auditor 9 §12. Prohibited Local and Special Laws 9 §13. Local or Special Laws; Notice of Intent; Publication 9 §14. Style of Laws; Enacting Clause 10 Compiled from the La. Senate Statutory Database. (As amended through calendar year 2023) -i-

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§15. Passage of Bills 10 §16. Appropriations 10 §17. Signing of Bills; Delivery to Governor 10 §18. Gubernatorial Action on Bills; Sign, Failure to Sign, Veto; Veto Session 10 §19. Effective Date of Laws 11 §20. Suspension of Laws 11 Article IV. Executive Branch §1. Composition; Number of Departments; Reorganization 11 §2. Qualifications 11 §3. Election; Term 12 §4. Compensation 12 §5. Governor; Powers and Duties 12 §6. Lieutenant Governor; Powers and Duties 13 §7. Secretary of State; Powers and Duties 13 §8. Attorney General; Powers and Duties 13 §9. Treasurer; Powers and Duties 13 §10. Commissioner of Agriculture; Powers and Duties 14 §11. Commissioner of Insurance; Powers and Duties 14 §12. Commissioner of Elections; Powers and Duties 14 §13. First Assistants; Appointment 14 §14. Vacancy in Office of Governor 14 §15. Vacancy in Office of Lieutenant Governor 14 §16. Vacancies in Other Statewide Elective Offices 14 §17. Declaration of Inability by Statewide Elected Officials 14 §18. Determination of Inability of Statewide Elected Official 14 §19. Temporary Absences 15 §20. Appointment of Officials; Merger, Consolidation of Offices and Departments 15 §21. Public Service Commission 15 §22. Term Limits; Certain Boards and Commissions 16 Article V. Judicial Branch §1. Judicial Power 16 §2. Habeas Corpus, Needful Writs, Orders and Process; Contempt 16 §3. Supreme Court; Composition; Judgments; Terms 16 §4. Supreme Court; Districts 16 §5. Supreme Court; Jurisdiction; Rule-Making Power; Assignment of Judges 16 §6. Supreme Court; Chief Justice 17 §7. Supreme Court; Personnel 17 §8. Courts of Appeal; Circuits; Panels; Judgments; Terms 17 §9. Courts of Appeal; Circuits and Districts 17 §10. Courts of Appeal; Jurisdiction 17 §11. Courts of Appeal; Certification 18 §12. Courts of Appeal; Chief Judge 18 §13. Courts of Appeal; Personnel 18 §14. District Courts; Judicial Districts 18 §15. Courts; Retention; Jurisdiction; Judicial District Changes; Terms 18 §16. District Courts; Jurisdiction 18 §17. District Courts; Chief Judge 18 §18. Juvenile and Family Courts; Jurisdiction 18 §19. Special Juvenile Procedures 18 §20. Mayors' Courts; Justice of the Peace Courts 19 §21. Judges; Decrease in Terms and Compensation Prohibited 19 §22. Judges; Election; Vacancy 19 §23. Judges; Retirement 19 Compiled from the La. Senate Statutory Database. (As amended through calendar year 2023) -ii-

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§24. Judges; Qualifications 19 §25. Judiciary Commission 20 §26. District Attorneys 20 §27. Sheriffs 20 §28. Clerks of Court 20 §29. Coroners 20 §30. Vacancies 20 §31. Reduction of Salaries and Benefits Prohibited 21 §32. Orleans Parish Courts, Officials 21 §33. Jurors 21 §34. Grand Jury 21 §35. Remedies for Taxpayers 21 Article VI. Local Government Part I. General Provisions §1. Parishes 21 §2. Municipalities 22 §3. Classification 22 §4. Existing Home Rule Charters and Plans of Government 22 §5. Home Rule Charter 22 §6. Home Rule Charter or Plan of Government; Action by Legislature Prohibited 22 §7. Powers of Other Local Governmental Subdivisions 22 §8. Home Rule Parish; Incorporation of Cities, Towns, and Villages 23 §9. Limitations of Local Governmental Subdivisions 23 §10. Codification of Ordinances 23 §11. Local Officials 23 §12. Local Officials; Compensation 23 §13. Vacancies 23 §14. Increasing Financial Burden of Political Subdivisions 23 §15. Local Governmental Subdivisions; Control Over Agencies 24 §16. Special Districts and Local Public Agencies 24 §17. Land Use; Zoning; Historic Preservation 24 §18. Industrial Areas 24 §19. Special Districts; Creation 25 §20. Intergovernmental Cooperation 25 §21. Assistance to Local Industry 25 §22. Procedure for Certain Special Elections 25 §23. Acquisition of Property 25 §24. Servitudes of Way; Acquisition by Prescription 25 §25. Courts Not Affected 25 Part II. Finance §26. Parish Ad Valorem Tax 25 §27. Municipal Ad Valorem Tax 26 §28. Local Governmental Subdivisions; Occupational License Tax 26 §29. Local Governmental Subdivisions and School Boards; Sales Tax 26 §30. Political Subdivisions; Taxing Power 27 §30.1. Bonding and Taxing Authority of Certain Political Subdivisions and Other Public Entities 27 §31. Taxes; Ratification 27 §32. Special Taxes; Authorization 27 §33. Political Subdivisions; General Obligation Bonds 28 §34. Limitations on Bonded Indebtedness 28 §35. Contesting Political Subdivision Bonds 28 §36. Local Improvement Assessments 28 §37. Revenue-Producing Property 28 Compiled from the La. Senate Statutory Database. (As amended through calendar year 2023) -iii-

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Part III. Levee Districts and Regional Flood Protection Authorities §38. Levee Districts 29 §38.1. Regional Flood Protection Authorities 29 §39. Levee District Taxes 29 §40. Bond Issues 30 §41. Cooperation with Federal Government 30 §42. Compensation for Property Used or Destroyed; Tax 30 Part IV. Port Commissions and Districts §43. Port Commissions and Districts 30 Part V. Definitions §44. Terms Defined 31 Article VII. Revenue and Finance Part I. General Provisions §1. Power to Tax; Public Purpose 31 §2. Power to Tax; Limitation 31 §2.1. Fees and Civil Fines; Limitation 31 §2.2. Power to Tax; Sales and Use Tax; Limitation 31 §2.3. Power to Tax; Limitation; Sale or Transfer of Immovable Property 32 §3. Collection of Taxes 33 §4. Income Tax; Severance Tax; Political Subdivisions 32 §4.1. Cigarette Tax Rates 34 §5. Motor Vehicle License Tax 34 §6. State Debt; Full Faith and Credit Obligations 34 §7. State Debt; Interim Emergency Board 35 §8. State Bond Commission 36 §9. State Funds 36 §10. Expenditure of State Funds 36 §10.1. Quality Trust Fund; Education 39 §10.2. Coastal Protection and Restoration Fund 41 §10.3. Budget Stabilization Fund 42 §10.4. Repealed 43 §10.5. Mineral Revenue Audit and Settlement Fund 43 §10.6. Oilfield Site Restoration Fund 44 §10.7. Oil Spill Contingency Fund 44 §10.8. Millennium Trust 45 §10.9. Louisiana Fund 48 §10.10. Repealed 48 §10.11. Artificial Reef Development Fund 49 §10.12. Farmers and fishermen assistance programs; Agricultural and Seafood Products Support Fund 49 §10.13. Hospital Stabilization formula and assessment; Hospital Stabilization Fund 49 §10.14. Louisiana Medical Assistance Trust Fund 50 §10.15. Revenue Stabilization Trust Fund 51 §10.16. Dedications of Mineral Revenues 52 §10-A. Wildlife and Fisheries; Conservation Fund 52 §11. Budgets 53 §12. Reports and Records 54 §13. Investment of State Funds 54 §14. Donation, Loan, or Pledge of Public Credit 54 §15. Release of Obligations to State, Parish, or Municipality 55 §16. Taxes; Prescription 55 §17. Legislation to Obtain Federal Aid 55 Compiled from the La. Senate Statutory Database. (As amended through calendar year 2023) -iv-

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Part II. Property Taxation §18. Ad Valorem Taxes 55 §19. State Property Taxation; Rate Limitation 58 §20. Homestead Exemption 58 §21. Other Property Exemptions 59 §22. No Impairment of Existing Taxes or Obligations 65 §23. Adjustment of Ad Valorem Tax Millages 65 §24. Tax Assessors 66 §25. Tax Sales 66 Part III. Revenue Sharing §26. Revenue Sharing Fund 67 Part IV. Transportation §27. Transportation Trust Fund 67 Part V. Unclaimed Property §28. Louisiana Unclaimed Property Permanent Trust Fund 69 Article VIII. Education Preamble §1. Public Educational System 70 §2. State Superintendent of Education 70 §3. State Board of Elementary and Secondary Education 70 §4. Approval of Private Schools 71 §5. Board of Regents 71 §6. Board of Supervisors for the University of Louisiana System 72 §7. Board of Supervisors of Louisiana State University and Agricultural and Mechanical College; Board Supervisors of Southern University and Agricultural and Mechanical College 72 §7.1. Board of Supervisors of Community and Technical Colleges 72 §8. Boards; Membership; Compensation; Congressional District Member 73 §9. Parish School Boards; Parish Superintendents 73 §10. Existing Boards and Systems Recognized; Consolidation 74 §11. Appropriations; State Boards 74 §12. Appropriations; Higher Education 74 §13. Funding; Apportionment 74 §14. Tulane University 75 §15. Members of State Board of Elementary and Secondary Education; beginning and end of terms 75 §16. Public Hospitals 75 Article IX. Natural Resources §1. Natural Resources and Environment; Public Policy 76 §2. Natural Gas 76 §3. Alienation of Water Bottoms 76 §4. Reservation of Mineral Rights; Prescription 76 §5. Public Notice; Public Bidding Requirements 76 §6. Tidelands Ownership 76 §7. Wildlife and Fisheries Commission 76 §8. Forestry 77 §9. First Use Tax Trust Fund - implementation declared unconstitutional - REPEALED 77 §10. Louisiana Investment Fund for Enhancement - REPEALED 77 Compiled from the La. Senate Statutory Database. (As amended through calendar year 2023) -v-

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Article X. Public Officials and Employees Part I. State and City Civil Service §1. Civil Service Systems 77 §2. Classified and Unclassified Service 77 §3. State Civil Service Commission 78 §4. City Civil Service Commission 78 §5. Removal 79 §6. Department of Civil Service; Directors 79 §7. Appointments; Promotions 79 §8. Appeals 79 §9. Prohibitions Against Political Activities 79 §10. Rules; Investigations; Wages and Hours 80 §11. Penalties 81 §12. Appeal 81 §13. Appropriations 81 §14. Acceptance of Act; Other Cities, Parishes, City and Parish Governed Jointly 81 §15. City, Parish Civil Service System; Creation; Prohibition 82 Part II. Fire and Police Civil Service §16. Establishment of System 82 §17. Appointments and Promotions 82 §18. Prior Provisions 82 §19. Exclusion 82 §20. Political Activities 83 Part III. Other Provisions §21. Code of Ethics 83 §22. Dual Employment and Dual Officeholding 83 §23. Compensation of Elected Public Officials; Reduction 83 §24. Impeachment 83 §25. Removal by Suit; Officials Subject 83 §25.1. Removal by Suit; State, District, Parochial, Ward, or Municipal Employees 83 §26. Recall 83 §27. Filling of Vacancies 83 §28. Definition of Vacancy 83 §29. Retirement and Survivor's Benefits 83 §29.1. Part-time Public Officials 85 §30. Oath of Office 85 Part IV. State Police Service §41. State Police Service 86 §42. Classified and Unclassified Service 86 §43. State Police Commission 86 §44. Director 87 §45. Appointments; Promotions 87 §46. Appeals 87 §47. Prohibitions Against Political Activities 87 §48. Rules; Investigations; Wages and Hours 87 §49. Penalties 88 §50. Appeal 88 §51. Appropriations 88 Compiled from the La. Senate Statutory Database. (As amended through calendar year 2023) -vi-

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Article XI. Elections §1. Election Code 89 §2. Secret Ballot; Absentee Voting; Preservation of Ballot 89 §3. Privilege from Arrest 89 §4. Prohibited Use of Public Funds 89 §5. Registrar of Voters 89 §6. Use of Monies, Goods, or Services for Conduct of Elections; Prohibitions 89 Article XII. General Provisions §1. State Capital 89 §2. Civilian-Military Relations 89 §3. Right to Direct Participation 89 §4. Preservation of Linguistic and Cultural Origins 89 §5. Successions; Forced Heirship and Trusts 89 §6. Lotteries; Gaming, Gambling, or Wagering 90 §7. State Penal Institutions; Reimbursement of Parish Expense 90 §8. Welfare, Unemployment Compensation, and Health 91 §8.1. Workers' Compensation 91 §9. Exemptions From Seizure and Sale 92 §10. Suits Against the State 92 §11. Continuity of Government 92 §12. Corporations; Perpetual or Indefinite Duration; Dissolution; Perpetual Franchises or Privileges 93 §13. Prescription Against State 93 §14. Administrative Agency Codes 93 §15. Defense of Marriage 93 §16. Patient's Compensation Fund 93 §17. Freedom of Worship in Churches or Other Places of Worship 93 Article XIII. Constitutional Revision §1. Amendments 94 §2. Constitutional Convention 94 §3. Laws Effectuating Amendments 94 Article XIV. Transitional Provisions Part I §1. Board of Regents 94 §2. Board of Supervisors of Louisiana State University and Agricultural and Mechanical College 94 §3. Board of Supervisors of Southern University 95 §4. State Board of Elementary and Secondary Education; Board of Trustees for State Colleges and Universities 95 §5. Boards; New Appointments 95 §6. Mandatory Reorganization of State Government 95 §7. Legislative Sessions 95 §8. Civil Service Commission; State; Cities 95 §9. Civil Service Officers; Employees; State; Cities 95 §10. Offshore Mineral Revenues; Use of Funds 96 §11. Prescription; Tidelands Taxes 96 §12. Forfeitures Prior to 1880 96 §13. Effective Date of Property Tax Provisions 96 Compiled from the La. Senate Statutory Database. (As amended through calendar year 2023) -vii-

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Part II §14. Limitation on Transitional Provisions 96 §15. Existing Officials 96 §16. Provisions of 1921 Constitution Made Statutory 96 §17. Provisions of Constitution of 1921 Repealed 97 §18. Existing Laws 97 §19. Ports; Transition to Statutes 97 §20. Public Service Commission 97 Part III §21. References to 1921 Constitution 97 §22. Effect of Titles 97 §23. Continuation of Actions and Rights 97 §24. Protection of Existing Taxes 97 §25. Impairment of Debt Obligations Prohibited 97 §26. Constitution Not Retroactive 97 §27. Legislative Provisions 97 §28. Judiciary Commission 98 §29. Repealed by Acts 1986, No. 1082, §2 98 §30. Commissioner of Elections 98 §31. Pardon Board 98 §32. Levee Districts; Compensation for Property 98 §33. Suits Against the State; Effective Date 98 §34. Exemption from Seizure and Sale 98 §35. Effective Date 98 §36. Effect of Adoption 98 §37. Severability Clause 98 Appendix A List of Amendments By Citation Appendix B List of Amendments By Session Compiled from the La. Senate Statutory Database. (As amended through calendar year 2023) -viii-

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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.