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State constitution

Constitution of Louisiana

Data from Louisiana State Senate

Full 14-article structure with condensed section text drawn from the official section titles. Louisiana's 1974 constitution is very long and frequently amended; the detailed fiscal, local-government, and Article XIV (Transitional) provisions are summarized, and repealed sections are marked. Read the complete, verbatim text at the source link.

Article I Declaration of Rights

§ 1 Origin and Purpose of Government

All government originates with the people, is founded on their will alone, and is instituted to protect the rights of the individual and the good of the whole.

§ 2 Due Process of Law

No person shall be deprived of life, liberty, or property except by due process of law.

§ 3 Right to Individual Dignity

No person shall be denied the equal protection of the laws, nor discriminated against because of race, religion, or ideas, or (subject to limits) birth, age, sex, culture, or physical condition.

§ 4 Right to Property

Every person has the right to acquire, own, control, and dispose of property; property may be taken or damaged only for public purpose and with just compensation, with detailed limits on expropriation.

§ 5 Right to Privacy

Every person is secure against unreasonable searches, seizures, and invasions of privacy, and an aggrieved person has standing to raise the issue.

§ 6 Freedom from Intrusion

No warrant shall issue without probable cause supported by oath and describing the place, persons, and things.

§ 7 Freedom of Expression

No law shall curtail the freedom of speech or of the press; every person may speak, write, and publish freely, being responsible for abuse.

§ 8 Freedom of Religion

No law shall establish a religion or prohibit the free exercise thereof.

§ 9 Right of Assembly and Petition

No law shall impair the right of the people to assemble peaceably or to petition government for redress of grievances.

§ 10 Right to Vote; Disqualification

Every citizen 18 or older who is not disqualified (by an unpardoned felony under order of imprisonment or mental incompetence) may register and vote; certain felons are disqualified from seeking or holding elective office.

§ 10.1 Disqualification for Certain Offenses

A person convicted of a felony related to their office or of specified corruption offenses is disqualified from seeking or holding elective office or appointment for a period as provided.

§ 11 Right to Keep and Bear Arms

The right of each citizen to keep and bear arms is fundamental and any restriction is subject to strict scrutiny.

§ 12 Freedom from Discrimination

In access to public areas, accommodations, and facilities, no person shall be discriminated against because of race, religion, or national ancestry, nor arbitrarily by the State because of age or physical condition.

§ 13 Rights of the Accused

An arrested or detained person must be advised of the reason, of the right to remain silent and to counsel; the accused has the right to counsel at each stage, appointed if indigent.

§ 14 Right to Preliminary Examination

The right to a preliminary examination is provided as prescribed, and no one held on a felony charge shall be denied it.

§ 15 Initiation of Prosecution

Prosecution of a felony is by indictment or information; capital and life-imprisonment crimes require a grand jury indictment.

§ 16 Right to a Fair Trial

Every person is presumed innocent and entitled to a fair trial, an impartial tribunal, to be informed of the charge, to confront and compel witnesses, and to counsel.

§ 17 Jury Trial in Criminal Cases

Provides for jury trial and jury size and unanimity requirements in criminal cases, and the joinder of felonies and mode of trial.

§ 18 Right to Bail

A person is entitled to bail before conviction except for capital offenses or as otherwise provided where proof is evident.

§ 19 Right to Judicial Review

No person shall be subjected to imprisonment or forfeiture of rights without the right of judicial review.

§ 20 Right to Humane Treatment

No law shall subject any person to euthanasia, torture, or cruel, excessive, or unusual punishment, and a convict retains full rights except those lawfully suspended.

§ 20.1 Abortion

Nothing in this constitution secures or protects a right to abortion or requires the funding of abortion.

§ 21 Writ of Habeas Corpus

The writ of habeas corpus shall not be suspended.

§ 22 Access to Courts

All courts shall be open, and every person shall have an adequate remedy for injury to person, property, reputation, or other rights.

§ 23 Prohibited Laws

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

§ 24 Unenumerated Rights

The enumeration of rights in this constitution shall not deny or disparage others retained by the people.

§ 25 Rights of a Victim

A victim of crime has enumerated rights, including to be informed of, present at, and heard at proceedings, and to reasonable notice and restitution.

§ 26 State Sovereignty

The people of Louisiana declare their state a free and sovereign state, with the powers not delegated to the United States reserved to the State or the people.

§ 27 Freedom to Hunt, Fish and Trap

The freedom to hunt, fish, and trap wildlife is a valued natural heritage that shall be forever preserved, subject to regulation.

Article II Distribution of Powers

§ 1 Three Branches

The powers of government are divided into three separate branches: legislative, executive, and judicial.

§ 2 Limitations on Each Branch

No branch, and no person holding office in one, shall exercise power belonging to another, except as expressly authorized by this constitution.

Article III Legislative Branch

§ 1 Legislative Power; Composition

The legislative power is vested in a bicameral legislature of a Senate and a House of Representatives, which is a continuous body during its term.

§ 2 Sessions

The legislature meets annually in regular session, with fiscal and general sessions in alternating years, and may meet in extraordinary session.

§ 3 Size

The number of Senators and Representatives is fixed (not more than 39 senators and 105 representatives).

§ 4 Qualifications; Term; Vacancies

Members must meet age, citizenship, residence, and domicile requirements, serve four-year terms subject to term limits, with vacancies filled by special election.

§ 5 Taking Office

Members take office and the legislature is organized at the time prescribed.

§ 6 Legislative Reapportionment

The legislature reapportions its districts after each census; if it fails, the Supreme Court does so on petition of the Governor or others.

§ 7 Judging Elections; Rules; Discipline

Each house judges the qualifications and elections of its members, determines its rules, disciplines and expels members, and compels attendance and testimony.

§ 8 Privileges and Immunities

Members are privileged from arrest during sessions except for felonies and are not questioned elsewhere for speech or debate.

§ 9 Conflict of Interest

A member shall not vote on legislation in which he has a personal or private interest and must disclose it.

§ 10 Quorum; Journal; Adjournment

A majority of each house is a quorum; each keeps a published journal, and neither adjourns for more than three days without the other's consent.

§ 11 Legislative Auditor

There is a legislative auditor, responsible to the legislature, who audits the fiscal records of the State and its agencies.

§ 12 Prohibited Local and Special Laws

The legislature shall not pass local or special laws in enumerated cases where a general law can apply.

§ 13 Local or Special Laws; Notice

A local or special law may be enacted only after published notice of intent in the affected locality.

§ 14 Style of Laws; Enacting Clause

The enacting clause of every law is: 'Be it enacted by the Legislature of Louisiana.'

§ 15 Passage of Bills

Every bill is confined to one object expressed in its title, read on three days, and passed by a favorable vote recorded by yeas and nays.

§ 16 Appropriations

Money is withdrawn from the treasury only through specific appropriations, and appropriation bills are limited to appropriation matters.

§ 17 Signing of Bills; Delivery to Governor

The presiding officers sign each enrolled bill, which is then delivered to the Governor.

§ 18 Gubernatorial Action on Bills; Veto

The Governor may sign or veto a bill (including a line-item veto of appropriations); the legislature may override by a two-thirds vote of each house at a veto session.

§ 19 Effective Date of Laws

Laws take effect on the date fixed by the legislature, generally August 1 following the session or as otherwise provided.

§ 20 Suspension of Laws

Only the legislature may suspend a law, by the same vote and (excepting emergencies) the same procedure required to enact it.

Article IV Executive Branch

§ 1 Composition; Reorganization

The executive branch consists of the Governor and other statewide elected officials, organized into not more than twenty departments.

§ 2 Qualifications

Statewide elected officials must meet the prescribed age, citizenship, and residence qualifications.

§ 3 Election; Term

Statewide elected officials are elected for four-year terms.

§ 4 Compensation

The compensation of statewide elected officials is provided by law and not reduced during the term.

§ 5 Governor; Powers and Duties

The Governor is chief executive, faithfully executes the laws, is commander-in-chief of the militia, may grant reprieves, and has appointment, budget, and veto powers.

§ 6 Lieutenant Governor

The Lieutenant Governor serves as provided by law and performs the functions the Governor or legislature assigns.

§ 7 Secretary of State

The Secretary of State is the chief election officer, keeps the official records and seal, and performs duties provided by law.

§ 8 Attorney General

The Attorney General is the chief legal officer, may institute and prosecute or intervene in civil and criminal actions, and supervises the district attorneys.

§ 9 Treasurer

The Treasurer is responsible for the custody, investment, and disbursement of state funds.

§ 10 Commissioner of Agriculture

The Commissioner of Agriculture and Forestry exercises the functions of the State relating to agriculture as provided by law.

§ 11 Commissioner of Insurance

The Commissioner of Insurance exercises the functions of the State relating to insurance as provided by law.

§ 12 Commissioner of Elections

(Formerly) the Commissioner of Elections exercised State election functions; the office was later merged into the Secretary of State.

§ 13 First Assistants; Appointment

Each statewide elected official appoints a first assistant who acts in the official's absence or disability.

§ 14 Vacancy in Office of Governor

On a vacancy in the office of Governor, the Lieutenant Governor becomes Governor, with further succession prescribed.

§ 15 Vacancy in Office of Lieutenant Governor

A vacancy in the office of Lieutenant Governor is filled as provided.

§ 16 Vacancies in Other Statewide Offices

Vacancies in other statewide elective offices are filled by appointment and, if the unexpired term is long enough, special election.

§ 17 Declaration of Inability

A statewide elected official may declare his own temporary inability to perform the duties of office.

§ 18 Determination of Inability

The inability of a statewide elected official may be determined by the procedure prescribed.

§ 19 Temporary Absences

During a temporary absence, the powers and duties devolve as provided.

§ 20 Appointment; Merger of Offices

The Governor appoints department heads and may merge or consolidate offices and departments subject to law.

§ 21 Public Service Commission

The Public Service Commission of five elected members regulates common carriers and public utilities.

§ 22 Term Limits; Boards and Commissions

Term limits apply to members of certain boards and commissions as provided.

Article V Judicial Branch

§ 1 Judicial Power

The judicial power is vested in a supreme court, courts of appeal, district courts, and other courts authorized by this article.

§ 2 Habeas Corpus; Writs; Contempt

A judge may issue writs of habeas corpus and other needful orders and process and may punish for contempt.

§ 3 Supreme Court; Composition

The supreme court consists of a chief justice and six associate justices, four of whom concur to render judgment.

§ 4 Supreme Court; Districts

The supreme court justices are elected from single-member districts.

§ 5 Supreme Court; Jurisdiction; Rules

The supreme court has appellate and supervisory jurisdiction, exclusive rule-making authority over the courts, and may assign judges.

§ 6 Chief Justice

The justice with the longest continuous service is chief justice and is the chief administrative officer of the judicial system.

§ 7 Supreme Court; Personnel

The supreme court appoints its personnel as provided.

§ 8 Courts of Appeal; Panels; Judgments

Courts of appeal sit in panels of at least three judges, with concurrence and en banc requirements for certain judgments.

§ 9 Courts of Appeal; Circuits and Districts

The state is divided into circuits, and judges are elected from districts within each circuit.

§ 10 Courts of Appeal; Jurisdiction

Courts of appeal have appellate jurisdiction over civil matters and criminal cases not otherwise directed to the supreme court, plus supervisory jurisdiction.

§ 11 Courts of Appeal; Certification

A court of appeal may certify a question of law to the supreme court.

§ 12 Courts of Appeal; Chief Judge

The judge with the longest service on each court of appeal is its chief judge.

§ 13 Courts of Appeal; Personnel

Each court of appeal appoints its personnel as provided.

§ 14 District Courts; Judicial Districts

The state is divided into judicial districts, each with a district court.

§ 15 Courts; Retention; Jurisdiction

Existing courts are retained, and the legislature may change judicial districts and court jurisdiction subject to conditions.

§ 16 District Courts; Jurisdiction

District courts have original jurisdiction over all civil and criminal matters, with exceptions, and appellate jurisdiction as provided.

§ 17 District Courts; Chief Judge

Each district court with more than one judge has a chief judge as provided.

§ 18 Juvenile and Family Courts

The jurisdiction of juvenile and family courts is as provided by law.

§ 19 Special Juvenile Procedures

Special procedures apply to juveniles, who are generally not subject to trial as adults except for enumerated serious offenses.

§ 20 Mayors' Courts; Justice of the Peace Courts

Mayors' courts and justice of the peace courts may be continued or established as provided by law.

§ 21 Judges; No Decrease in Term or Compensation

A judge's term and compensation shall not be decreased during his term of office.

§ 22 Judges; Election; Vacancy

Judges are elected, and vacancies are filled by supreme-court appointment pending a special election.

§ 23 Judges; Retirement

Judges are subject to mandatory retirement at the age fixed by law.

§ 24 Judges; Qualifications

A judge must have been admitted to the practice of law for the required period and meet residence requirements.

§ 25 Judiciary Commission

The Judiciary Commission investigates complaints and recommends that the supreme court discipline, retire, or remove a judge.

§ 26 District Attorneys

A district attorney is elected in each judicial district and is the chief prosecuting officer, subject to the Attorney General's supervision.

§ 27 Sheriffs

A sheriff is elected in each parish (except as provided for Orleans) as the chief law-enforcement officer and ex officio tax collector.

§ 28 Clerks of Court

A clerk of the district court is elected in each parish, serving as clerk and ex officio recorder and notary.

§ 29 Coroners

A coroner is elected in each parish with the qualifications and duties provided by law.

§ 30 Vacancies

Vacancies in the offices of sheriff, clerk, coroner, and district attorney are filled as provided.

§ 31 Reduction of Salaries Prohibited

The salary and benefits of these officials shall not be reduced during their term.

§ 32 Orleans Parish Courts and Officials

Special provisions govern the courts and officials of Orleans Parish.

§ 33 Jurors

The qualifications of jurors and the number required are provided by law.

§ 34 Grand Jury

There is a grand jury in each parish, whose composition and duties are provided by law.

§ 35 Remedies for Taxpayers

The legislature provides remedies for the recovery of illegally paid taxes.

Article VI Local Government

§ 1 Parishes

The state's existing parishes are recognized, and the legislature provides for the creation, division, merger, or boundary change of parishes subject to voter approval.

§ 2 Municipalities

The legislature provides for the incorporation, merger, and government of municipalities.

§ 3 Classification

The legislature may classify parishes or municipalities by population or other reasonable basis.

§ 4 Existing Home Rule Charters

Local governments operating under a home rule charter or plan of government at adoption retain their powers and may keep or amend the charter.

§ 5 Home Rule Charter

A local governmental subdivision may adopt a home rule charter and exercise any power not denied by general law or the constitution.

§ 6 Legislature Not to Impair Charters

The legislature shall not enact a law affecting the structure or organization of a home rule government except as provided.

§ 7 Powers of Other Subdivisions

Local subdivisions without a home rule charter exercise the powers granted by the legislature.

§ 8 Home Rule Parish; Incorporation

Provisions govern incorporation of cities, towns, and villages within a home rule parish.

§ 9 Limitations of Local Subdivisions

No local subdivision shall define and punish a felony or enact an ordinance in conflict with general law on a matter the legislature has reserved.

§ 10 Codification of Ordinances

Local subdivisions may codify their ordinances.

§ 11 Local Officials

The electors of a local subdivision elect its governing authority and officials as provided by its charter or law.

§ 12 Local Officials; Compensation

The compensation of local officials is fixed as provided.

§ 13 Vacancies

Vacancies in local offices are filled as provided by law or charter.

§ 14 Increasing Financial Burden

The State shall not require an increase in the financial burden of a political subdivision without providing the funds, subject to exceptions.

§ 15 Control Over Agencies

The governing authority of a local subdivision has general control over its agencies.

§ 16 Special Districts and Public Agencies

The legislature may create or authorize special districts and local public agencies.

§ 17 Land Use; Zoning; Historic Preservation

Local subdivisions may adopt land-use, zoning, and historic-preservation regulations subject to uniform procedures and judicial review.

§ 18 Industrial Areas

A local subdivision may designate industrial areas as provided.

§ 19 Special Districts; Creation

Special districts may be created and vested with powers as provided.

§ 20 Intergovernmental Cooperation

Local subdivisions may cooperate and contract with one another and with other governments.

§ 21 Assistance to Local Industry

Local subdivisions may be authorized to issue bonds and grant assistance to promote industry, subject to conditions.

§ 22 Procedure for Certain Special Elections

Certain special elections must follow the procedures fixed by law.

§ 23 Acquisition of Property

Local subdivisions may acquire property for authorized public purposes, including by expropriation.

§ 24 Servitudes of Way; Prescription

Local subdivisions may acquire servitudes of way by prescription for public use as provided.

§ 25 Courts Not Affected

Nothing in this article affects the provisions of the article on the judicial branch.

§ 26 Parish Ad Valorem Tax

A parish governing authority may levy an ad valorem tax for general purposes up to the millage limits fixed.

§ 27 Municipal Ad Valorem Tax

A municipal governing authority may levy an ad valorem tax for general purposes up to the millage limits fixed.

§ 28 Occupational License Tax

Local subdivisions may impose an occupational license tax as provided.

§ 29 Sales Tax

Local subdivisions and school boards may levy a sales and use tax when authorized by the voters, subject to rate limits.

§ 30 Taxing Power

A political subdivision may exercise the power of taxation under authority granted by the legislature.

§ 30.1 Bonding and Taxing Authority

Certain political subdivisions and public entities have specified bonding and taxing authority.

§ 31 Taxes; Ratification

Existing taxes are ratified and continued until changed.

§ 32 Special Taxes; Authorization

A special tax must be authorized by the voters and used only for the stated purpose.

§ 33 General Obligation Bonds

A political subdivision may incur general obligation bonded debt when approved by the voters, secured by ad valorem taxes.

§ 34 Limitations on Bonded Indebtedness

The general obligation debt of a subdivision is limited to a percentage of assessed valuation.

§ 35 Contesting Bonds

The validity of bonds may be contested only within a short peremptive period after publication.

§ 36 Local Improvement Assessments

Local subdivisions may levy special assessments for local improvements benefiting the assessed property.

§ 37 Revenue-Producing Property

A subdivision may issue revenue bonds payable from the revenues of revenue-producing property.

§ 38 Levee Districts

Levee districts are continued, with authority to construct and maintain levees and flood-control works.

§ 38.1 Regional Flood Protection Authorities

Regional flood protection authorities may be established with the powers provided.

§ 39 Levee District Taxes

Levee districts may levy taxes for flood-control purposes within the limits fixed.

§ 40 Bond Issues

Levee-district bond issues are authorized subject to the constitution and law.

§ 41 Cooperation with Federal Government

Levee districts and other subdivisions may cooperate with the federal government on flood-control and related works.

§ 42 Compensation for Property Used or Destroyed

Lands and improvements used or destroyed for levee or flood-control purposes are paid for as provided, funded by a tax.

§ 43 Port Commissions and Districts

Port commissions and districts are continued with the powers provided by law.

§ 44 Terms Defined

Defines the terms used in this article (political subdivision, local governmental subdivision, general law, etc.).

Article VII Revenue and Finance

§ 1 Power to Tax; Public Purpose

The power of taxation is vested in the legislature and may be exercised for public purposes only.

§ 2 Power to Tax; Limitation

A tax increase or new tax generally requires a two-thirds vote of each house.

§ 2.1 Fees and Civil Fines; Limitation

The enactment or increase of certain fees and civil fines requires a two-thirds vote.

§ 2.2 Sales and Use Tax; Limitation

A change in the state sales and use tax base requires a two-thirds vote.

§ 2.3 Transfer of Immovable Property

A real estate transfer tax is prohibited except as specifically authorized.

§ 3 Collection of Taxes

The legislature provides for the collection of taxes and prohibits the dedication of certain revenues except as authorized.

§ 4 Income Tax; Severance Tax

Provides for the individual income tax (with a maximum rate), corporate income tax, and severance tax, sharing part of severance revenue with parishes.

§ 4.1 Cigarette Tax Rates

Establishes and limits certain cigarette tax rates.

§ 5 Motor Vehicle License Tax

The motor vehicle license tax is levied as provided.

§ 6 State Debt; Full Faith and Credit

The State may incur full faith and credit debt only for specified purposes and with the required legislative and Bond Commission approval.

§ 7 Interim Emergency Board

An Interim Emergency Board may make emergency appropriations and authorize debt between legislative sessions.

§ 8 State Bond Commission

The State Bond Commission approves the incurring of state and local debt.

§ 9 State Funds

All state money is paid into the state treasury and credited to the appropriate fund, with the Bond Security and Redemption Fund given priority.

§ 10 Expenditure of State Funds

State funds are expended only through appropriation, with dedications to the general fund and specified priorities; establishes an expenditure limit.

§ 10.1 Quality Trust Fund; Education

The Louisiana Education Quality Trust Fund preserves a permanent corpus and dedicates earnings to education.

§ 10.2 Coastal Protection and Restoration Fund

Dedicates specified revenues to coastal protection, conservation, and restoration.

§ 10.3 Budget Stabilization Fund

The Budget Stabilization ('rainy day') Fund holds reserves used only under stated deficit conditions.

§ 10.4 Repealed

Repealed.

§ 10.5 Mineral Revenue Audit and Settlement Fund

Dedicates certain mineral audit and settlement revenues as provided.

§ 10.6 Oilfield Site Restoration Fund

Dedicates revenues to the restoration of orphaned oilfield sites.

§ 10.7 Oil Spill Contingency Fund

Establishes a fund for responding to oil spills.

§ 10.8 Millennium Trust

The Millennium Trust holds tobacco-settlement proceeds and dedicates earnings to health, education, and TOPS.

§ 10.9 Louisiana Fund

Dedicates a portion of tobacco-settlement proceeds to health and related programs.

§ 10.10 Repealed

Repealed.

§ 10.11 Artificial Reef Development Fund

Dedicates revenues to the development of artificial reefs.

§ 10.12 Agricultural and Seafood Products Support Fund

Supports farmer and fishermen assistance programs.

§ 10.13 Hospital Stabilization Fund

Provides a hospital stabilization formula and assessment and dedicates the resulting revenues.

§ 10.14 Medical Assistance Trust Fund

The Louisiana Medical Assistance Trust Fund holds provider-fee revenues dedicated to medical assistance.

§ 10.15 Revenue Stabilization Trust Fund

Holds mineral and corporate revenues above a threshold, restricting withdrawals.

§ 10.16 Dedications of Mineral Revenues

Dedicates specified mineral revenues among the constitutional funds.

§ 10-A Conservation Fund

The Conservation Fund holds wildlife and fisheries revenues dedicated to conservation.

§ 11 Budgets

The Governor submits a balanced operating and capital budget, and the legislature adopts a balanced budget.

§ 12 Reports and Records

The State maintains fiscal reports and records as provided.

§ 13 Investment of State Funds

State funds may be invested as provided by law.

§ 14 Donation, Loan, or Pledge of Public Credit

The funds, credit, property, or things of value of the State or a subdivision shall not be loaned, pledged, or donated to any person or entity, with stated exceptions.

§ 15 Release of Obligations

The legislature shall not release or extinguish an obligation owed to the State or a subdivision, with exceptions.

§ 16 Taxes; Prescription

Taxes and licenses prescribe (become unenforceable) after the periods fixed.

§ 17 Legislation to Obtain Federal Aid

The legislature may enact legislation necessary to obtain federal aid.

§ 18 Ad Valorem Taxes

Provides the framework for ad valorem property taxation, including assessment ratios and the assessment of property at a percentage of fair market value.

§ 19 State Property Taxation; Rate Limitation

The state ad valorem property tax rate is limited as provided.

§ 20 Homestead Exemption

The homestead of a resident is exempt from state, parish, and special ad valorem taxes up to a fixed value.

§ 21 Other Property Exemptions

Enumerates other property exempt from ad valorem taxation (public, nonprofit, religious, and certain business property).

§ 22 No Impairment of Existing Taxes

Nothing in this article impairs existing taxes or obligations.

§ 23 Adjustment of Ad Valorem Millages

Ad valorem millages are adjusted after reassessment so that total revenue remains roughly constant, subject to a roll-forward vote.

§ 24 Tax Assessors

A tax assessor is elected in each parish (with special provisions for Orleans) to assess property for ad valorem taxation.

§ 25 Tax Sales

Property on which taxes are delinquent may be sold at tax sale, subject to a redemption period.

§ 26 Revenue Sharing Fund

A Revenue Sharing Fund of a fixed annual amount is distributed to the parishes as provided.

§ 27 Transportation Trust Fund

The Transportation Trust Fund holds motor-fuel and vehicle revenues dedicated to transportation and flood-control infrastructure.

§ 28 Unclaimed Property Permanent Trust Fund

The Unclaimed Property Permanent Trust Fund preserves the corpus of unclaimed property receipts.

Article VIII Education

§ 1 Public Educational System

The legislature shall provide for the education of the people and maintain a public educational system.

§ 2 State Superintendent of Education

There is a State Superintendent of Education who administers the public elementary and secondary schools as provided.

§ 3 State Board of Elementary and Secondary Education

The State Board of Elementary and Secondary Education (BESE) supervises and controls the public elementary and secondary schools.

§ 4 Approval of Private Schools

BESE approves private elementary and secondary schools meeting the prescribed standards.

§ 5 Board of Regents

The Board of Regents plans, coordinates, and budgets for public higher education.

§ 6 University of Louisiana System Board

The Board of Supervisors for the University of Louisiana System manages its universities.

§ 7 LSU Board of Supervisors

The Board of Supervisors of Louisiana State University and A&M College manages the LSU System.

§ 7.1 Community and Technical Colleges Board

The Board of Supervisors of Community and Technical Colleges manages the community and technical college system.

§ 8 Boards; Membership; Compensation

Provides for the membership, appointment (including a member from each congressional district), and compensation of the education boards.

§ 9 Parish School Boards; Superintendents

Each parish and city school system is governed by an elected school board that appoints a superintendent.

§ 10 Existing Boards and Systems Recognized

Existing school boards and systems are recognized, and the legislature may provide for their consolidation.

§ 11 Appropriations; State Boards

Appropriations to the state education boards are made as provided.

§ 12 Appropriations; Higher Education

Higher education is funded through appropriations formulated as provided.

§ 13 Funding; Apportionment

The Minimum Foundation Program formula funds elementary and secondary education and equitably apportions state aid among school systems.

§ 14 Tulane University

The relationship of Tulane University to the State is recognized and continued.

§ 15 BESE Members' Terms

Fixes the beginning and end of the terms of members of the State Board of Elementary and Secondary Education.

§ 16 Public Hospitals

Provides for the operation and support of public hospitals as provided by law.

Article IX Natural Resources

§ 1 Natural Resources and Environment; Public Policy

The natural resources and environment of the State shall be protected, conserved, and replenished insofar as possible and consistent with the health, safety, and welfare of the people.

§ 2 Natural Gas

The State's interest in natural gas is protected and its use regulated as provided.

§ 3 Alienation of Water Bottoms

The State shall not alienate the beds of navigable waters, except for reclamation by riparian owners as authorized.

§ 4 Reservation of Mineral Rights

The mineral rights of the State are reserved on land sold, and prescription does not run against them.

§ 5 Public Notice; Public Bidding

Public notice and competitive bidding are required for the lease of state lands and mineral rights.

§ 6 Tidelands Ownership

The State asserts ownership of the tidelands and marginal sea as provided.

§ 7 Wildlife and Fisheries Commission

The Wildlife and Fisheries Commission manages and regulates the wildlife, fish, and aquatic life of the State.

§ 8 Forestry

The State shall provide for the protection, conservation, and replenishment of its forests.

§ 9 Repealed

Repealed (the First Use Tax Trust Fund; its enabling tax was held unconstitutional).

§ 10 Repealed

Repealed (Louisiana Investment Fund for Enhancement).

Article X Public Officials and Employees

§ 1 Civil Service Systems

The state and city civil service systems are established, covering classified employees selected on merit.

§ 2 Classified and Unclassified Service

The unclassified service is enumerated, and all other positions are in the classified service.

§ 3 State Civil Service Commission

The State Civil Service Commission of appointed members administers the state classified service.

§ 4 City Civil Service Commission

A city civil service commission administers the classified service of covered cities.

§ 5 Removal

A member of a civil service commission may be removed only for cause.

§ 6 Department of Civil Service; Directors

Each commission appoints a director to administer the civil service system.

§ 7 Appointments; Promotions

Permanent appointments and promotions in the classified service are made on the basis of merit, tested by examination.

§ 8 Appeals

A classified employee subjected to disciplinary action has a right of appeal to the commission.

§ 9 Prohibitions Against Political Activities

Classified employees are prohibited from engaging in specified partisan political activities.

§ 10 Rules; Investigations; Wages and Hours

The commissions adopt rules with the force of law and may investigate and regulate the pay plan and conditions of classified employment.

§ 11 Penalties

The commissions may impose penalties for violations of the civil service provisions.

§ 12 Appeal

Decisions of a civil service commission are subject to judicial review as provided.

§ 13 Appropriations

The legislature appropriates funds to operate the civil service system.

§ 14 Acceptance of Act; Other Cities and Parishes

Other cities and parishes may accept the civil service provisions as provided.

§ 15 City, Parish Civil Service System; Creation

A city or parish may create a civil service system by charter or law, with certain prohibitions.

§ 16 Establishment of System

Provides for the establishment of a local civil service system.

§ 17 Appointments and Promotions

Appointments and promotions in a local system are on the basis of merit.

§ 18 Prior Provisions

Prior civil service provisions are continued where consistent.

§ 19 Exclusion

Certain positions and officers are excluded from the civil service.

§ 20 Political Activities

Local classified employees are subject to restrictions on political activity.

§ 21 Code of Ethics

The legislature shall enact a code of ethics for all public officials and employees.

§ 22 Dual Employment and Officeholding

The legislature provides the conditions under which a person may hold two public offices or public employments.

§ 23 Compensation of Elected Officials; Reduction

The compensation of an elected public official shall not be reduced during the term for which he was elected.

§ 24 Impeachment

State and district officials are subject to impeachment by the House and trial by the Senate for the causes stated.

§ 25 Removal by Suit

Enumerated officials may be removed from office by judicial suit for the causes provided.

§ 25.1 Removal by Suit; Employees

State, district, parochial, ward, or municipal employees may be removed by suit for the causes provided.

§ 26 Recall

The legislature provides for the recall by election of any state, district, parochial, ward, or municipal official except judges.

§ 27 Filling of Vacancies

Vacancies in office are filled by the method provided by law for the particular office.

§ 28 Definition of Vacancy

Defines when a vacancy in a public office occurs.

§ 29 Retirement and Survivor's Benefits

The legislature establishes and protects public retirement systems, whose accrued benefits are contractual and may not be diminished.

§ 29.1 Part-time Public Officials

Governs the retirement treatment of part-time public officials.

§ 30 Oath of Office

Every official takes an oath to support the U.S. and State Constitutions and faithfully discharge his duties.

§ 41 State Police Service

The State Police Service is established as a separate classified service for commissioned state police officers.

§ 42 Classified and Unclassified Service

Defines the classified and unclassified state police service.

§ 43 State Police Commission

The State Police Commission administers the state police civil service system.

§ 44 Director

The State Police Commission appoints a director to administer the system.

§ 45 Appointments; Promotions

State police appointments and promotions are made on the basis of merit.

§ 46 Appeals

A state police officer subjected to disciplinary action has a right of appeal to the commission.

§ 47 Prohibitions Against Political Activities

State police officers are prohibited from specified partisan political activities.

§ 48 Rules; Investigations; Wages and Hours

The State Police Commission adopts rules and may investigate and regulate pay and conditions.

§ 49 Penalties

The commission may impose penalties for violations.

§ 50 Appeal

Decisions of the State Police Commission are subject to judicial review.

§ 51 Appropriations

The legislature appropriates funds to operate the State Police Commission.

Article XI Elections

§ 1 Election Code

The legislature shall adopt an election code regulating all elections.

§ 2 Secret Ballot; Absentee Voting

Voting is by secret ballot; the legislature provides for absentee voting and the preservation of ballots.

§ 3 Privilege from Arrest

Electors are privileged from arrest while going to, attending, and returning from elections, except for serious crimes.

§ 4 Prohibited Use of Public Funds

Public funds shall not be used to urge electors to vote for or against a candidate or proposition, or to promote a person's candidacy.

§ 5 Registrar of Voters

A registrar of voters is provided for each parish as prescribed by law.

§ 6 Prohibited Use of Monies, Goods, or Services

The use of public monies, goods, or services to influence the conduct of elections is prohibited as provided.

Article XII General Provisions

§ 1 State Capital

The city of Baton Rouge is the capital of the State.

§ 2 Civilian-Military Relations

The military is at all times subordinate to the civil power.

§ 3 Right to Direct Participation

No law shall be enacted whose effect would deny the people the right to observe the deliberations of public bodies, except as provided.

§ 4 Preservation of Linguistic and Cultural Origins

The right of the people to preserve, foster, and promote their historic linguistic and cultural origins is recognized.

§ 5 Successions; Forced Heirship and Trusts

The legislature may regulate successions, forced heirship, and trusts as provided.

§ 6 Lotteries; Gaming and Gambling

Gambling is defined and suppressed by the legislature, which may authorize a state lottery and regulate gaming as provided.

§ 7 State Penal Institutions; Parish Reimbursement

The State reimburses parishes for the expense of holding prisoners as provided.

§ 8 Welfare, Unemployment, and Health

The legislature may establish a system of economic and social welfare, unemployment compensation, and public health.

§ 8.1 Workers' Compensation

The legislature may establish a system of workers' compensation.

§ 9 Exemptions from Seizure and Sale

The legislature may provide exemptions of property from seizure and sale.

§ 10 Suits Against the State

The State, its agencies, and political subdivisions are not immune from suit and liability in contract or for injury, subject to legislative procedures and limits on enforcement against public property.

§ 11 Continuity of Government

The legislature provides for the continuity of governmental operations during emergencies caused by enemy attack or disaster.

§ 12 Corporations; Perpetual Duration; Franchises

Corporations may have perpetual duration; no perpetual or irrevocable franchise or privilege may be granted.

§ 13 Prescription Against State

Prescription shall not run against the State in a criminal matter except as provided.

§ 14 Administrative Agency Codes

The legislature may authorize administrative agencies to adopt rules with the force of law.

§ 15 Defense of Marriage

Marriage is defined as the union of one man and one woman (superseded by federal constitutional law, text retained).

§ 16 Patient's Compensation Fund

The Patient's Compensation Fund and its assets are dedicated to the payment of medical malpractice claims and may not be diverted.

§ 17 Freedom of Worship

The free exercise of religion in churches and other places of worship shall not be prohibited or unreasonably restricted, including during a declared emergency.

Article XIII Constitutional Revision

§ 1 Amendments

An amendment may be proposed by a two-thirds vote of each house, published, and adopted if approved by a majority of the electors voting on it.

§ 2 Constitutional Convention

The legislature may call a constitutional convention by a two-thirds vote of each house.

§ 3 Laws Effectuating Amendments

The legislature may enact laws to carry a proposed or adopted amendment into effect.

Article XIV Transitional Provisions

§ 1 Board of Regents

Transitional provision continuing and organizing the Board of Regents on the effective date. Largely spent.

§ 2 LSU Board of Supervisors

Transitional provision continuing the Board of Supervisors of LSU and A&M College. Largely spent.

§ 3 Southern University Board

Transitional provision continuing the Board of Supervisors of Southern University. Largely spent.

§ 4 BESE; State Colleges Board

Transitional provision continuing the education boards on the effective date. Largely spent.

§ 5 Boards; New Appointments

Transitional provision for the initial appointments to the reorganized boards. Largely spent.

§ 6 Mandatory Reorganization of State Government

Directed the reorganization of the executive branch into not more than twenty departments within a fixed period. Spent.

§ 7 Legislative Sessions

Transitional provision governing early legislative sessions under the new constitution. Spent.

§ 8 Civil Service Commissions

Transitional provision continuing the state and city civil service commissions. Largely spent.

§ 9 Civil Service Officers and Employees

Transitional provision continuing civil service officers and employees. Largely spent.

§ 10 Offshore Mineral Revenues

Transitional provision on the use of funds from offshore mineral revenues. Largely spent.

§ 11 Prescription; Tidelands Taxes

Transitional provision on prescription of tidelands taxes. Largely spent.

§ 12 Forfeitures Prior to 1880

Transitional provision confirming land forfeitures occurring before 1880. Spent.

§ 13 Effective Date of Property Tax Provisions

Deferred the effective date of certain property-tax provisions. Spent.

§ 14 Limitation on Transitional Provisions

Limits the duration and effect of the transitional provisions of this article.

§ 15 Existing Officials

Continued officials in office at the effective date until their successors took office. Spent.

§ 16 1921 Constitution Made Statutory

Continued specified provisions of the 1921 constitution as statutes.

§ 17 1921 Constitution Repealed

Repealed the Constitution of 1921 except provisions retained as statutes. Spent.

§ 18 Existing Laws

Continued existing laws not inconsistent with the new constitution.

§ 19 Ports; Transition to Statutes

Transitional provision converting certain port provisions into statutes. Largely spent.

§ 20 Public Service Commission

Transitional provision continuing the Public Service Commission. Largely spent.

§ 21 References to 1921 Constitution

Provides how references to the 1921 constitution are to be construed.

§ 22 Effect of Titles

The titles and headings in the constitution are for convenience and do not control its meaning.

§ 23 Continuation of Actions and Rights

Continued pending actions and existing rights under the new constitution.

§ 24 Protection of Existing Taxes

Protected taxes existing at the effective date.

§ 25 Impairment of Debt Obligations Prohibited

Prohibited impairment of existing debt obligations.

§ 26 Constitution Not Retroactive

The constitution is not retroactive except as expressly provided.

§ 27 Legislative Provisions

Continued specified legislative provisions on the effective date. Largely spent.

§ 28 Judiciary Commission

Transitional provision continuing the Judiciary Commission. Largely spent.

§ 29 Repealed

Repealed by Acts 1986.

§ 30 Commissioner of Elections

Transitional provision on the Commissioner of Elections (office later merged into the Secretary of State).

§ 31 Pardon Board

Transitional provision continuing the Board of Pardons. Largely spent.

§ 32 Levee Districts; Compensation for Property

Transitional provision on compensation for property used by levee districts.

§ 33 Suits Against the State; Effective Date

Set the effective date of the provision abolishing state sovereign immunity. Spent.

§ 34 Exemption from Seizure and Sale

Continued existing exemptions of property from seizure and sale.

§ 35 Effective Date

Fixed the effective date of the constitution as January 1, 1975 (with stated exceptions). Spent.

§ 36 Effect of Adoption

Provided for the effect of the adoption of the constitution. Spent.

§ 37 Severability Clause

If any provision or application of the constitution is held invalid, the remainder is not affected.

Full, verbatim text at Louisiana State Senate