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Regular Session, 2010
SENATE BILL NO. 95
BY SENATOR MORRISH
ELECTED OFFICIALS. Constitutional amendment to abolish the offices of lieutenant
governor and state treasurer. (2/3-CA13s1(A))
A JOINT RESOLUTION1
Proposing to amend Article IV, Sections 1(A) and (B), 3(A), 7, 9, 13, 14, 16(A), and 19,2
Article VII, Sections 7(A), the introductory paragraph of 10-A(A) and (C),3
10.1(A)(1), (B), and the introductory paragraphs of (D)(1) and (2), the introductory4
paragraph of 10.2(A), (B)(1) and (2), (E)(1), and (F)(1), 10.4(A)(2), the introductory5
paragraph of 10.5(A), (B) and (C), the introductory paragraph of 10.6(A) and (C),6
the introductory paragraph of 10.7(A), the introductory paragraph of 10.8(A)(1), (2),7
(3), and (4), (B), (C)(3)(i), 10.9(A), 10.10(B) and (C), 10.12(B)(1), 13, and 27(A),8
(C), and (D), Article IX, Sections 9(A)(1), (2)(b), (B), (C), and (D), 10(A), (B)(2),9
and (C), Article X, Sections 2(B)(10), 25, 29(E)(2)(d), and Article XIV, Sections 1010
and 31, to add Part IV of Article XIV, to be comprised of Section 38, and to repeal11
Article IV, Sections 6 and 15 of the Constitution of Louisiana, to abolish the offices12
of lieutenant governor and state treasurer and to provide for the transfer of the13
powers and duties of said offices; to remove other references to the lieutenant14
governor and state treasurer; to specify an election for submission of the proposition15
to electors and to provide a ballot proposition; to provide that such provisions and16
such repeal shall be effective upon ratification by the electors; and to provide for17 SB NO. 95
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related matters.1
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members2
elected to each house concurring, that there shall be submitted to the electors of the state, for3
their approval or rejection in the manner provided by law, a proposal to amend Article IV,4
Sections 1(A) and (B), 3(A), 7, 9, 13, 14, 16(A), and 19 of the Constitution of Louisiana, to5
read as follows:6
§1. Composition; Number of Departments; Reorganization7
Section 1.(A) Composition. The executive branch shall consist of the8
governor, lieutenant governor, secretary of state, attorney general, treasurer,9
commissioner of agriculture, commissioner of insurance, superintendent of10
education, commissioner of elections, and all other executive offices, agencies, and11
instrumentalities of the state.12
(B) Number of Departments. Except for the offices office of governor and13
lieutenant governor, all offices, agencies, and other instrumentalities of the executive14
branch and their functions, powers, duties, and responsibilities shall be allocated15
according to function within not more than twenty departments. The powers,16
functions, and duties allocated by this constitution to any executive office or17
commission shall not be affected or diminished by the allocation provided herein18
except as authorized by Section 20 of this Article.19
* * *20
§3. Election; Term21
Section 3.(A) Election. Except as provided in Section 20 of this Article, the22
governor, lieutenant governor, secretary of state, attorney general, treasurer,23
commissioner of agriculture, commissioner of insurance, superintendent of24
education, and commissioner of elections each shall be elected for a term of four25
years by the electors of the state at the time and place of voting for members of the26
legislature. The term of each such official shall begin at noon on the second Monday27
in January next following the election.28
* * *29 SB NO. 95
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§7. Secretary of State; Powers and Duties1
Section 7. There shall be a Department of State. The secretary of state shall2
head the department and shall be the chief election officer of the state. He shall3
prepare and certify the ballots for all elections, promulgate all election returns, and4
administer the election laws, except those relating to voter registration and custody5
of voting machines. He shall administer the state corporation and trademark laws;6
serve as keeper of the Great Seal of the State of Louisiana and attest therewith all7
official laws, documents, proclamations, and commissions; administer and preserve8
the official archives of the state; promulgate and publish all laws enacted by the9
legislature and retain the originals thereof; and countersign and keep an official10
registry of all commissions. He shall serve ex officio as a member of each11
committee, board, and commission on which the governor serves. He may12
administer oaths, and shall have other powers and perform other duties authorized13
by this constitution or provided by law.14
* * *15
§9. Treasurer Department of the Treasury; Powers and Duties16
Section 9. There shall be a Department of the Treasury. The treasurer17
secretary of state shall head the department and shall be responsible for the custody,18
investment, and disbursement of the public funds of the state, except as otherwise19
provided by this constitution. He shall report annually to the governor and to the20
legislature at least one month before each regular session on the financial condition21
of the state, and shall have other powers and perform other duties authorized by this22
constitution or provided by law.23
* * *24
§13. First Assistants; Appointment25
Section 13. Each statewide elected official except the governor and26
lieutenant governor shall appoint a first assistant, subject to public confirmation by27
the Senate, and may remove him at his pleasure. The official shall submit the28
appointment to the Senate in the manner and subject to the procedures and29 SB NO. 95
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limitations applicable to appointments submitted by the governor. The first assistant1
shall possess the qualifications required for election to the office.2
§14. Vacancy in Office of Governor3
Section 14. When a vacancy occurs in the office of governor, the order of4
succession shall be (1) the elected lieutenant governor, (2) the elected secretary of5
state, (3) (2) the elected attorney general, (4) the elected treasurer, (5) (3) the6
presiding officer of the Senate, (6) (4) the presiding officer of the House of7
Representatives, and then (7) (5) as provided by law. The successor shall serve the8
remainder of the term for which the governor was elected.9
* * *10
§16. Vacancies in Statewide Elective Offices11
Section 16.(A) A vacancy in a statewide elective office other than that of12
governor or lieutenant governor shall be filled by the first assistant. If the unexpired13
term exceeds one year, the first assistant shall serve only until the person elected as14
provided in Paragraph (B) of this Section takes office.15
* * *16
§19. Temporary Absences17
Section 19. When the governor is temporarily absent from the state, the18
lieutenant governor secretary of state shall act as governor. When any other19
statewide elected official is temporarily absent from the state, the appointed first20
assistant shall act in his absence.21
Section 2. Be it further resolved by the Legislature of Louisiana, two-thirds of the22
members elected to each house concurring, that there shall be submitted to the electors of23
the state, for their approval or rejection in the manner provided by law, a proposal to amend24
Article VII, Sections 7(A), the introductory paragraph of 10-A(A) and (C), 10.1(A)(1), (B),25
and the introductory paragraphs of (D)(1) and (2), the introductory paragraph of 10.2(A),26
(B)(1) and (2), (E)(1), and (F)(1), 10.4(A)(2), the introductory paragraph of 10.5(A), (B) and27
(C), the introductory paragraph of 10.6(A) and (C), the introductory paragraph of 10.7(A),28
the introductory paragraph of 10.8(A)(1), (2), (3), and (4), (B), (C)(3)(i), 10.9(A), 10.10(B)29 SB NO. 95
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and (C), 10.12(B)(1), 13, and 27(A), (C), and (D) of the Constitution of Louisiana, to read1
as follows:2
§7. State Debt; Interim Emergency Board3
Section 7.(A) Composition. The Interim Emergency Board is created. It shall4
be composed of the governor, lieutenant governor, state treasurer, presiding officer5
of each house of the legislature, chairman of the Senate Finance Committee, and6
chairman of the House Appropriations Committee, or their designees.7
* * *8
§10-A. Wildlife and Fisheries; Conservation Fund9
Section 10-A. (A) Conservation Fund. Effective July 1, 1988, there shall be10
established in the state treasury, as a special fund, the Louisiana Wildlife and11
Fisheries Conservation Fund, hereinafter referred to as the Conservation Fund. Out12
of the funds remaining in the Bond Security and Redemption Fund after a sufficient13
amount is allocated from that fund to pay all obligations secured by the full faith and14
credit of the state which become due and payable within any fiscal year as required15
by Article VII, Section 9(B) of this constitution, the treasurer secretary of state shall16
pay into the Conservation Fund all of the following, except as provided in Article17
VII, Section 9(A), and except for the amount provided in R.S. 56:10(B)(1)(a) as that18
provision existed on the effective date of this Section:19
* * *20
(C) All unexpended and unencumbered monies in the Conservation Fund at21
the end of the fiscal year shall remain in the fund. The monies in the fund shall be22
invested by the treasurer secretary of state in the manner provided by law. All23
interest earned on monies invested by the treasurer secretary of state shall be24
deposited in the fund. The treasurer secretary of state shall prepare and submit to25
the department on a quarterly basis a printed report showing the amount of money26
contained in the fund from all sources.27
§10.1. Quality Trust Fund; Education28
Section 10.1.(A) Louisiana Education Quality Trust Fund. (1) Effective29 SB NO. 95
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January 1, 1987, there shall be established in the state treasury as a special permanent1
trust fund the Louisiana Education Quality Trust Fund, hereinafter referred to as the2
"Permanent Trust Fund." After allocation of money to the Bond Security and3
Redemption Fund as provided in Article VII, Section 9(B) of this constitution, and4
notwithstanding Article XIV, Section 10 of this constitution, the treasurer secretary5
of state shall deposit in and credit to the Permanent Trust Fund all money which is6
received after the first one hundred million dollars from the federal government7
under Section 1337(g) of Title 43 of the United States Code which is attributable to8
mineral production activity or leasing activity on the Outer Continental Shelf which9
has been held in escrow pending a settlement between the United States and the state10
of Louisiana; twenty-five percent of the recurring revenues received under Section11
1337(g) of Title 43 of the United States Code which are attributable to mineral12
production activity or leasing activity on the Outer Continental Shelf; twenty-five13
percent of the interest income earned on investment of monies in the Permanent14
Trust Fund; seventy-five percent of the realized capital gains on investment of the15
Permanent Trust Fund, unless such percentage is changed by law enacted by16
two-thirds of the elected members of each house of the legislature; and twenty-five17
percent of the dividend income earned on investment of the Permanent Trust Fund.18
No appropriation shall be made from the Permanent Trust Fund. If any such money19
has been received prior to the effective date of this Section, the treasurer secretary20
of state shall transfer from the state general fund to the Permanent Trust Fund on the21
effective date of this Section an amount of money which shall make the Permanent22
Trust Fund balance equal to the amount of such money previously received, except23
for the first one hundred million dollars. After six hundred million dollars has been24
credited to the Permanent Trust Fund, the sum of fifty million dollars shall be25
credited to the Coastal Environment Protection Trust Fund, as established in R.S.26
30:313, from those monies received from the federal government under Section27
1337(g) of Title 43 of the United States Code which is attributable to mineral28
production activity or leasing activity on the Outer Continental Shelf and which has29 SB NO. 95
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been held in escrow pending a settlement between the United States and the state of1
Louisiana; all funds in excess of seven hundred fifty million dollars shall be credited2
to the Permanent Trust Fund.3
* * *4
(B) Investment. The money credited to the Permanent Trust Fund pursuant5
to Paragraph (A) of this Section shall be permanently credited to the Permanent Trust6
Fund and shall be invested by the treasurer secretary of state. Notwithstanding any7
provision of this constitution or other law to the contrary, a portion of money in the8
Permanent Trust Fund, not to exceed thirty-five percent, may be invested in stock.9
The legislature shall provide for procedures for the investment of such monies by10
law. The treasurer secretary of state shall contract, subject to the approval of the11
State Bond Commission, for the management of such investments. The amounts in12
the Support Fund shall be available for appropriation to pay expenses incurred in the13
investment and management of the Permanent Trust Fund and for educational14
purposes only as provided in Paragraphs (C) and (D) of this Section.15
* * *16
(D) Disbursement; Higher Education and Elementary and Secondary17
Education.18
(1) The treasurer secretary of state shall disburse not more than fifty percent19
of the monies in the Support Fund as that money is appropriated by the legislature20
and allocated by the Board of Regents for any or all of the following higher21
educational purposes to enhance economic development:22
* * *23
(2) The treasurer secretary of state shall disburse not more than fifty percent24
of the monies in the Support Fund as that money is appropriated by the legislature25
and allocated by the State Board of Elementary and Secondary Education for any or26
all of the following elementary and secondary educational purposes:27
* * *28
§10.2. Coastal Protection and Restoration Fund29 SB NO. 95
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Section 10.2(A) There shall be established in the state treasury the Coastal1
Protection and Restoration Fund to provide a dedicated, recurring source of revenues2
for the development and implementation of a program to protect and restore3
Louisiana's coastal area.4
Of revenues received in each fiscal year by the state as a result of the5
production of or exploration for minerals, hereinafter referred to as mineral revenues6
from severance taxes, royalty payments, bonus payments, or rentals, and excluding7
such revenues received by the state as a result of grants or donations when the terms8
or conditions thereof require otherwise, the treasurer secretary of state shall make9
the following allocations:10
* * *11
(B)(1) After making the allocations provided for in Paragraph (A), the12
treasurer secretary of state shall then deposit in and credit to the Coastal Protection13
and Restoration Fund any amount of mineral revenues that may be necessary to14
insure that a total of five million dollars is deposited into such fund for the fiscal year15
from this source; provided that the balance of the fund which consists of mineral16
revenues from severance taxes, royalty payments, bonus payments, or rentals shall17
not exceed an amount provided by law, but in no event shall the amount provided by18
law be less than five hundred million dollars.19
(2) After making the allocations and deposits provided for in Paragraphs (A)20
and (B)(1) of this Section, the treasurer secretary of state shall deposit in and credit21
to the Coastal Protection and Restoration Fund as follows:22
(a) Ten million dollars of the mineral revenues in excess of six hundred23
million dollars which remain after the allocations provided for in Paragraph (A) are24
made by the treasurer secretary of state.25
(b) Ten million dollars of the mineral revenues in excess of six hundred fifty26
million dollars which remain after the allocations provided in Paragraph (A) are27
made by the treasurer secretary of state.28
However, the balance of the fund which consists of mineral revenues from29 SB NO. 95
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severance taxes, royalty payments, bonus payments, or rentals shall not exceed an1
amount provided by law, but in no event shall the amount provided by law be less2
than five hundred million dollars.3
* * *4
(E)(1) Subject to Article VII, Sections 9(B) and 10.1 of this constitution, in5
each fiscal year, the federal revenues that are received by the state generated from6
Outer Continental Shelf oil and gas activity and eligible, as provided by federal law,7
to be used for the purposes of this Paragraph shall be deposited and credited by the8
treasurer secretary of state to the Coastal Protection and Restoration Fund.9
* * *10
(F)(1) Notwithstanding the provisions of Article VII, Section 10, Article VII,11
Section 10.3, Article VII, Section 10.8, or any other provision of this constitution to12
the contrary, if, after July 1, 2006, the state securitizes any portion of the revenues13
received from the Master Settlement Agreement executed November 23, 1998, and14
approved by Consent Decree and Final Judgment entered in the case "Richard P.15
Ieyoub, Attorney General, ex rel. State of Louisiana v. Philip Morris, Incorporated,16
et al.," bearing Number 98-6473 on the docket of the Fourteenth Judicial District for17
the parish of Calcasieu, state of Louisiana, the treasurer secretary of state shall18
transfer to the fund established in Paragraph A of this Section twenty percent in the19
aggregate of the revenues received as a result of the securitization occurring after20
July 1, 2006.21
* * *22
§10.4. Higher Education Louisiana Partnership Fund; Program23
Section 10.4.(A) Higher Education Louisiana Partnership Fund.24
(1) * * *25
(2) All unexpended and unencumbered monies in the Higher Education26
Louisiana Partnership Fund at the end of a fiscal year shall remain in such fund and27
be available for appropriation in the next fiscal year. The monies in the fund shall be28
invested by the state treasurer secretary of state in accordance with state law, and29 SB NO. 95
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interest earned on the investment of these monies shall be credited to the fund, after1
compliance with the requirements of Article VII, Section 9(B) of the Constitution of2
Louisiana, relative to the Bond Security and Redemption Fund.3
* * *4
§10.5. Mineral Revenue Audit and Settlement Fund5
Section 10.5.(A) There shall be established in the state treasury the Mineral6
Revenue Audit and Settlement Fund, hereinafter referred to as the "fund". Of7
revenues received in each fiscal year by the state through settlements or judgments8
which equal, in both principal and interest, five million dollars or more for each such9
settlement or judgment, resulting from underpayment to the state of severance taxes,10
royalty payments, bonus payments, or rentals, the treasurer secretary of state shall11
make the following allocations as required:12
* * *13
(B) After making the allocations provided for in Paragraph (A), the treasurer14
secretary of state shall then deposit in and credit to the Mineral Revenue Audit and15
Settlement Fund any such remaining revenues. Any revenues deposited in and16
credited to the fund shall be considered mineral revenues from severance taxes,17
royalty payments, bonus payments, or rentals for purposes of determining deposits18
and credits to be made in and to the Coastal Protection and Restoration Fund as19
provided in Article VII, Section 10.2 of this constitution. Any revenues deposited in20
and credited to the fund shall not be considered mineral revenues for purposes of the21
Budget Stabilization Fund as provided in Article VII, Section 10.3 of this22
constitution. Money in the fund shall be invested as provided by law. The earnings23
realized in each fiscal year on the investment of monies in the Mineral Revenue24
Audit and Settlement Fund shall be deposited in and credited to the Mineral Revenue25
Audit and Settlement Fund.26
(C) After making the allocations provided for in Paragraph (A), the treasurer27
secretary of state shall credit thirty-five million dollars to the Coastal Protection and28
Restoration Fund, and thereafter any monies credited to the fund in any fiscal year29 SB NO. 95
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may be annually appropriated by the legislature only for the purposes of retirement1
in advance of maturity through redemption, purchase, or repayme nt of debt of the2
state, pursuant to a plan proposed by the State Bond Commission to maximize the3
savings to the state; for payments against the unfunded accrued liability of the public4
retirement systems which are in addition to any payments required for the annual5
amortization of the unfunded accrued liability of the public retirement systems,6
required by Article X, Section 29 of this constitution; however, any such payment7
to the public retirement systems shall not be used, directly or indirectly, to fund8
cost-of-living increases for such systems; and for deposit in the Coastal Protection9
and Restoration Fund.10
§10.6. Oilfield Site Restoration Fund11
Section 10.6.(A) Oilfield Site Restoration Fund. Effective January 4, 1996,12
there shall be established in the state treasury, as a special fund, the Oilfield Site13
Restoration Fund, hereinafter referred to as the restoration fund. Out of the funds14
remaining in the Bond Security and Redemption Fund after a sufficient amount is15
allocated from that fund to pay all obligations secured by the full faith and credit of16
the state which become due and payable within any fiscal year as required by Article17
VII, Section 9(B) of this constitution, the treasurer secretary of state shall pay into18
the restoration fund all of the following:19
* * *20
(C) All unexpended and unencumbered monies in the restoration fund at the21
end of the fiscal year shall remain in the fund. The monies in the fund shall be22
invested by the treasurer secretary of state in the manner provided by law. All23
interest earned on monies invested by the treasurer secretary of state shall be24
deposited in the fund. The treasurer secretary of state shall prepare and submit to25
the department on a quarterly basis a printed report showing the amount of money26
contained in the fund from all sources.27
* * *28
§10.7. Oil Spill Contingency Fund29 SB NO. 95
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Section 10.7.(A) Oil Spill Contingency Fund. Effective January 4, 1996, there1
shall be established in the state treasury, as a special fund, the Oil Spill Contingency2
Fund, hereinafter referred to as the contingency fund. Out of the funds remaining in3
the Bond Security and Redemption Fund after a sufficient amount is allocated from4
that fund to pay all obligations secured by the full faith and credit of the state which5
become due and payable within any fiscal year as required by Article VII, Section6
9(B) of this constitution, the treasurer secretary of state shall pay into the7
contingency fund all of the following, on the effective date of this Section:8
* * *9
§10.8. Millennium Trust10
Section 10.8. Millennium Trust.11
(A) Creation.12
(1) There shall be established in the state treasury as a special permanent trust13
the "Millennium Trust". After allocation of money to the Bond Security and14
Redemption Fund as provided in Article VII, Section 9(B) of this constitution, the15
treasurer secretary of state shall deposit in and credit to the Millennium Trust16
certain monies received as a result of the Master Settlement Agreement, hereinafter17
the "Settlement Agreement", executed November 23, 1998, and approved by Consent18
Decree and Final Judgment entered in the case "Richard P. Ieyoub, Attorney19
General, ex rel. State of Louisiana v. Philip Morris, Incorporated, et al.", bearing20
Number 98-6473 on the docket of the Fourteenth Judicial District for the parish of21
Calcasieu, state of Louisiana; and all dividend and interest income and all realized22
capital gains on investment of the monies in the Millennium Trust. The treasurer23
secretary of state shall deposit in and credit to the Millennium Trust the following24
amounts of monies received as a result of the Settlement Agreement:25
* * *26
(2) The Health Excellence Fund shall be established as a special fund within27
the Millennium Trust. The treasurer secretary of state shall credit to the Health28
Excellence Fund one-third of the Settlement Agreement proceeds deposited each29 SB NO. 95
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year into the Millennium Trust, and one-third of all investment earnings on the1
investment of the Millennium Trust. The treasurer secretary of state shall report2
annually to the legislature as to the amount of Millennium Trust investment earnings3
credited to the Health Excellence Fund.4
(3) The Education Excellence Fund shall be established as a special fund5
within the Millennium Trust. The treasurer secretary of state shall credit to the6
Education Excellence Fund one-third of the Settlement Agreement proceeds7
deposited each year into the Millennium Trust, and one-third of all investment8
earnings on the investment of the Millennium Trust. The treasurer secretary of state9
shall report annually to the legislature and the state superintendent of education as10
to the amount of Millennium Trust investment earnings credited to the Education11
Excellence Fund.12
(4) The TOPS Fund shall be established as a special fund within the13
Millennium Trust. The treasurer secretary of state shall deposit in and credit to the14
TOPS Fund one-third of the Settlement Agreement proceeds deposited into the15
Millennium Trust, and one-third of all investment earnings on the investment of the16
Millennium Trust. The treasurer secretary of state shall report annually to the17
legislature as to the amount of Millennium Trust investment earnings credited to the18
TOPS Fund.19
* * *20
(B) Investment. Monies credited to the Millennium Trust pursuant to21
Paragraph (A) of this Section shall be invested by the treasurer secretary of state22
with the same authority and subject to the same restrictions as the Louisiana23
Education Quality Trust Fund. However, the portion of monies in the Millennium24
Trust which may be invested in stock may be increased to no more than fifty percent25
by a specific legislative instrument which receives a favorable vote of two-thirds of26
the elected members of each house of the legislature. The legislature shall provide27
for procedures for the investment of such monies by law. The treasurer secretary of28
state may contract, subject to the approval of the State Bond Commission, for the29 SB NO. 95
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management of such investments and, if a contract is entered into, amounts necessary1
to pay the costs of the contract shall be appropriated from the Millennium Trust.2
(C) Appropriations.3
* * *4
(3) Appropriations from the Education Excellence Fund shall be limited as5
follows:6
* * *7
(i) The treasurer secretary of state shall maintain within the state treasury8
a record of the amounts appropriated and credited for each entity through9
appropriations authorized in this Subparagraph and which remain in the state10
treasury. Notwithstanding any other provisions of this constitution to the contrary,11
such amounts, and investment earnings attributable to such amounts, shall remain to12
the credit of each recipient entity at the close of each fiscal year.13
* * *14
§10.9. Louisiana Fund15
Section 10.9. Louisiana Fund.16
A. The Louisiana Fund is established in the state treasury as a special fund.17
After allocation of money to the Bond Security and Redemption Fund as provided18
in Article VII, Section 9(B) of this constitution, the treasurer secretary of state shall19
deposit in and credit to the Louisiana Fund all remaining monies received as a result20
of the Settlement Agreement after deposits into the Millennium Trust as provided in21
Section 10.8 of this Article, and all interest income on the investment of monies in22
the Louisiana Fund. Monies in the Louisiana Fund shall be invested by the treasurer23
secretary of state in the same manner as the state general fund.24
* * *25
§10.10. Millennium Leverage Fund26
* * *27
B. Investment. Monies deposited in the Leverage Fund shall be invested and28
administered by the treasurer secretary of state. Notwithstanding any provision of29 SB NO. 95
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this constitution to the contrary, a portion of the monies in the Leverage Fund, not1
to exceed fifty percent, may be invested in stock. The legislature shall provide for2
the procedure for the investment of such monies by law. The treasurer secretary of3
state shall contract, subject to approval of the State Bond Commission, for the4
management of such investments. The monies in the Leverage Fund shall be5
available for appropriation to pay expenses incurred in the investment and6
management of monies in the fund.7
C. Revenue Bonds. The State Bond Commission, or its successor, may issue8
and sell bonds, notes, or other obligations, hereinafter the "bonds" secured by a9
pledge of a portion of the monies received by the state as a result of the Settlement10
Agreement which are otherwise to be deposited in the Leverage Fund as provided11
in this Section. Such bonds may be issued only in amounts authorized by the12
legislature by two-thirds of the elected members of each house of the legislature. If13
settlement revenues are pledged to secure any revenue bonds issued pursuant to this14
Section, any portion thereof needed to pay principal, interest, or premium, if any, and15
other obligations incident to the issuance, security, prepayment, defeasance, and16
payment in respect thereof may be expended by the treasurer secretary of state17
without the need for an appropriation, provided that the prepayment or defeasance18
has been approved by the legislature. Bonds so issued may also be further secured19
by a collateralization of all or a portion of monies in the Leverage Fund. If bonds are20
issued subject to such a collateralization, the treasurer secretary of state may pay21
from the Leverage Fund any principal, interest, or premium, if any, and other22
obligations incident to the issuance, security, prepayment, defeasance, and payment23
in respect thereof without the need for an appropriation, provided that the24
prepayment or defeasance has been approved by the legislature. The net proceeds of25
any bonds issued pursuant to this Section shall be deposited in and credited to the26
Leverage Fund. Any revenue bonds issued under authority of this Section shall not27
be general obligation bonds secured by the full faith and credit of the state.28
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§10.12. Farmers and fishermen assistance programs; Agricultural and Seafood1
Products Support Fund2
* * *3
(B) (1) The Agricultural and Seafood Products Support Fund is hereby4
established in the state treasury as a special fund, hereinafter referred to as the5
"fund". The source of monies in this fund shall be any monies received by the state6
from the licensing of trademarks or labels for use in promoting Louisiana7
agricultural and seafood products; grants, gifts, and donations received by the state8
for the purposes of this Section; any other revenues as may be provided by law; and9
other monies which may be appropriated by the legislature to the fund. After10
compliance with the requirements of Article VII, Section 9(B) of this constitution11
relative to the Bond Security and Redemption Fund, and prior to monies being12
placed in the state general fund, an amount equal to that deposited into the state13
treasury from the foregoing sources shall be deposited in and credited to the fund.14
Monies in the fund shall be subject to appropriation in accordance with Paragraph15
(2) of this Section. All unexpended and unencumbered monies remaining in the fund16
at the end of the fiscal year shall remain in the fund. The monies in the fund shall be17
invested by the state treasurer secretary of state in the same manner as monies in18
the state general fund.19
* * *20
§13. Investment of State Funds21
Section 13. All money in the custody of the state treasurer secretary of state22
which that is available for investment shall be invested as provided by law.23
* * *24
§27. Transportation Trust Fund25
Section 27.(A) Creation of fund. Effective January 1, 1990, there shall be26
established in the state treasury as a special permanent trust fund the Transportation27
Trust Fund ("the trust fund") in which shall be deposited the "excess revenues" as28
defined herein which are a portion of the avails received in each year from all taxes29 SB NO. 95
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levied on gasoline and motor fuels and on special fuels (said avails being referred to1
as the "revenues") as provided herein. After satisfying pledges respecting that portion2
of the revenues attributable to the tax rates in effect at the time of such pledges for3
the payment of obligations for bonds or other evidences of indebtedness on the4
effective date of this Section, the treasurer secretary of state shall allocate such5
portion of the revenues received in each year as necessary to pay all principal,6
interest, premium, if any, and other obligations incident to the issuance, security, and7
payment in respect of bonds as authorized in Paragraph (C) hereof. Thereafter, the8
portion of the revenues remaining shall be deposited in the Bond Security and9
Redemption Fund in the state treasury. After (1) the payment of any obligations for10
bonds or other evidences of indebtedness in existence on the effective date of this11
Section which are secured by revenues; (2) payments in respect of bonds authorized12
in Paragraph (C) hereof; and (3) credit to the Bond Security and Redemption Fund,13
the treasurer secretary of state shall deposit in and credit to the trust fund all of the14
revenues remaining (the "excess revenues") from the avails of all taxes levied on15
gasoline and motor fuels and on special fuels, as follows: for the fiscal year16
beginning July 1, 1989, the avails of twelve cents per gallon of said taxes received17
on and after January 1, 1990; for the fiscal year beginning on July 1, 1990, the avails18
of fourteen cents per gallon of said taxes; for the fiscal year beginning on July 1,19
1991, and thereafter, the avails of all taxes levied on gasoline and motor fuels and20
on special fuels. Purchases of gasoline, diesel fuel, or special fuels which are subject21
to excise tax under Chapter 7 of Subtitle II of Title 47 of the Louisiana Revised22
Statutes of 1950 shall be exempt from the state sales tax and any sales tax levied by23
a political subdivision as defined by Article VI, Section 44(2). All monies24
appropriated by the Federal Highway Administration and the Federal Aviation25
Administration, or their successors, either reimbursed or paid directly, shall be paid26
directly or deposited in and credited to the trust fund.27
* * *28
(C) The State Bond Commission or its successor, may issue and sell bonds,29 SB NO. 95
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notes, or other obligations ("Bonds") secured by a pledge of a portion of the revenues1
not to exceed the avails of four cents per gallon of the taxes on gasoline and motor2
fuels and on special fuels received by the state treasurer secretary of state. Bonds3
so issued may also be secured by a pledge of all or a portion of excess revenues as4
additional security therefor, and if so pledged any portion thereof needed to pay5
principal, interest, or premium, if any, and other obligations incident to the issuance,6
security, and payment in respect to Bonds may be expended by the treasurer7
secretary of state without the need for legislative appropriation. The Bonds may be8
issued in the manner set forth in this Section to provide for the costs for and9
associated with construction and maintenance of the roads and bridges of the state10
and federal highway systems, Statewide Flood-Control Program, ports, airports, and11
for any other purpose for which monies in the trust fund may be expended as12
provided by law. Such Bonds shall not be considered to be debt under Article VII,13
Section 6, unless the provisions of Article VII, Section 6, relative to incurring debt14
by the state are met, in which case the full faith and credit of the state may also be15
pledged in addition to the revenues received by the treasurer secretary of state.16
(D) The State Bond Commission or its successor may also issue and sell17
bonds, notes, or other obligations secured by a pledge of the excess revenues18
deposited in the trust fund, which shall otherwise be issued in the manner and for the19
purposes provided for in this Section, and if so pledged any portion thereof needed20
to pay principal, interest, or premium, if any, and other obligations incident to the21
issuance, security, and payment in respect thereof may be expended by the treasurer22
secretary of state without the need for legislative appropriation.23
* * *24
Section 3. Be it further resolved by the Legislature of Louisiana, two-thirds of the25
members elected to each house concurring, that there shall be submitted to the electors of26
the state, for their approval or rejection in the manner provided by law, a proposal to amend27
Article IX, Sections 9(A)(1), (2)(b), (B), (C), and (D), 10(A), (B)(2), and (C) of the28
Constitution of Louisiana, to read as follows:29 SB NO. 95
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§9. First Use Tax Trust Fund1
Section 9.(A)(1) Creation. The First Use Tax Trust Fund is hereby created2
and established in the state treasury as a special and irrevocable trust fund for the3
deposit of the proceeds, and interest derived therefrom, of the first use tax imposed4
by law in 1978 or thereafter and any other tax imposed by law which would have the5
effect of imposing any new or alternative tax on uses of those resources subject to6
the tax levied by the first use tax. The treasurer secretary of state shall pay into the7
state general fund, from the total proceeds of the first use tax, as imposed by law in8
1978 or thereafter such amounts as are necessary to fully reimburse the state general9
fund for tax credits granted in 1978 against that tax pursuant to Part I-B of Chapter10
6 of Title 47 of the Louisiana Revised Statutes. The remainder of such tax proceeds11
shall be credited to the following accounts within the First Use Tax Trust Fund and12
shall not be deposited into the Bond Security and Redemption Fund or the general13
fund.14
(2) Distribution; debt accounts. Seventy-five percent of the proceeds, and15
interest derived therefrom, shall be deposited into the following accounts:16
* * *17
(b) Debt Retirement and Redemption Account. All proceeds of this portion18
of the tax over and above the amount required to be maintained in the Initial19
Proceeds Account shall be maintained in an account in the First Use Tax Trust Fund20
to be known as the "Debt Retirement and Redemption Account". Monies in the Debt21
Retirement and Redemption Account shall be invested and the investment earnings22
shall accrue to that account. Except for investment, monies on deposit in the Debt23
Retirement and Redemption Account shall be used only to purchase, in advance of24
maturity, on the open market any outstanding obligations of the state, or to call, pay25
or redeem in advance of maturity any outstanding bonds, notes or other evidence of26
state debt, or both. No purchase or redemption of state debt shall occur with the27
monies unless the purchase or redemption results in interest savings to the state. The28
methods used for retiring such future debt shall be determined by the state treasurer29 SB NO. 95
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secretary of state, with concurrence of two-thirds of the members of the State Bond1
Commission acting in open session.2
* * *3
(B) Investments. The state treasurer secretary of state shall invest all4
monies on deposit in the accounts established under Paragraph (A) in accordance5
with the law governing the investment of idle funds of the state.6
(C) Use of Investment Earnings of Initial Proceeds Account. If in the7
judgment of the state treasurer secretary of state the best interest of the state would8
be served, and only if the Debt Retirement and Redemption Account is depleted or9
otherwise not funded, the treasurer secretary of state may, with concurrence of10
two-thirds of the members of the State Bond Commission, acting in open session,11
expend the investment earnings which have accrued in excess of five hundred12
million dollars in the Initial Proceeds Account for any purpose for which the Debt13
Retirement and Redemption Account may be used.14
(D) The funds deposited in the First Use Tax Trust Fund shall be considered15
escrowed and shall not be used for the purposes enumerated herein until the proceeds16
of the first use tax are determined to be available for such uses by the treasurer17
secretary of state with concurrence of two-thirds of the members of the State Bond18
Commission, acting in open session. During the time these funds are escrowed such19
funds may be ordered remitted upon final action by a court of last resort, with the20
interest earned thereon, as provided by law, if the tax is held to be invalid as to any21
taxpayer who has paid the tax.22
§10. Louisiana Investment Fund for Enhancement23
Section 10.(A) The Louisiana Investment Fund for Enhancement is24
established as a special fund in the state treasury. All revenues received by the state25
from the production of oil and gas within the state shall be deposited in the state26
treasury and credited to the Bond Security and Redemption Fund in accordance with27
the provisions of Article VII, Section 9, and shall be remitted to the political28
subdivisions of the state pursuant to Article VII, Section 4. In each fiscal year out29 SB NO. 95
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of the funds remaining in the Bond Security and Redemption Fund, after a sufficient1
amount has been allocated for the payment of obligations secured by the full faith2
and credit of the state which become due and payable within the fiscal year, the3
treasurer secretary of state shall credit an amount equal to the windfall revenues4
from oil and gas price deregulation to the Louisiana Investment Fund for5
Enhancement.6
(B) As used in this Section, "windfall revenues from oil and gas price7
deregulation" means those revenues received by the state in a fiscal year which are8
in excess of the base for that particular fiscal year, as calculated in accordance with9
this Paragraph. The base for fiscal year 1981-1982 shall be the estimated level of10
collections for oil, gas, and other severance taxes and from oil and gas production11
royalties in fiscal year 1980-1981, which for the purposes hereof shall be one billion12
eighty-five million dollars, calculated as follows:13
(1) Seven hundred sixty million dollars from oil, gas, and other severance14
taxes; and15
(2) Three hundred twenty-five million dollars from oil and gas royalty16
payments, excluding bonuses and rentals.17
In each subsequent fiscal year, the state treasurer secretary of state shall18
calculate the windfall revenues from oil and gas price deregulation for that fiscal19
year by determining a new base as follows: The base for the previous fiscal year20
shall be multiplied by the most recent annual change in the consumer price index and21
then the product shall be added to the base for the previous fiscal year.22
(C) The state treasurer secretary of state shall invest the monies in the23
Louisiana Investment Fund for Enhancement in the manner provided by law.24
Interest from the investment shall be credited to the general fund.25
* * *26
Section 4. Be it further resolved by the Legislature of Louisiana, two-thirds of the27
members elected to each house concurring, that there shall be submitted to the electors of28
the state, for their approval or rejection in the manner provided by law, a proposal to amend29 SB NO. 95
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Article X, Sections 2(B)(10), 25, 29(E)(2)(d) of the Constitution of Louisiana, to read as1
follows:2
§2. Classified and Unclassified Service3
* * *4
(B) Unclassified Service. The unclassified service shall include the following5
officers and employees in the state and city civil service:6
* * *7
(10) employees, deputies, and officers of the legislature and of the offices of8
the governor, lieutenant governor, attorney general, each mayor and city attorney,9
of police juries, school boards, assessors, and of all offices provided for in Article10
V of this constitution except the offices of clerk of the municipal and traffic courts11
in New Orleans;12
* * *13
§25. Removal by Suit; Officials Subject14
Section 25. For the causes enumerated in Paragraph (A) of Section 24 of this15
Article, the legislature shall provide by general law for the removal by suit of any16
state, district, parochial, ward, or municipal official except the governor, lieutenant17
governor, and judges of the courts of record.18
* * *19
§29. Retirement and Survivor's Benefits20
Section 29. * * *21
(E) Actuarial Soundness.22
* * *23
(2) For public retirement systems whose benefits are guaranteed by this24
constitution as is specified in Paragraphs (A) and (B) of this Section:25
* * *26
(d) Amounts provided for under (b) and (c) above are hereby guaranteed27
payable, each fiscal year, to each retirement system covered herein. If, for any fiscal28
year, the legislature fails to provide these guaranteed payments, upon warrant of the29 SB NO. 95
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governing authority of the retirement system, following the close of said fiscal year,1
the state treasurer secretary of state shall pay the amount guaranteed directly from2
the state general fund.3
* * *4
Section 5. Be it further resolved by the Legislature of Louisiana, two-thirds of the5
members elected to each house concurring, that there shall be submitted to the electors of6
the state, for their approval or rejection in the manner provided by law, a proposal to amend7
Article XIV, Sections 10 and 31 of the Constitution of Louisiana, to read as follows:8
§10. Offshore Mineral Revenues; Use of Funds9
Section 10. Funds derived from offshore mineral leases and held in escrow10
under agreement between the state and the United States pending settlement of the11
dispute between the parties shall be deposited in the state treasury when received.12
Upon such settlement, these funds and the interest from their investment, except the13
portion otherwise allocated or dedicated by this constitution, shall be used by the14
state treasurer secretary of state to purchase, retire, or pay in advance of maturity15
the existing bonded indebtedness of the state or shall be invested for that purpose.16
If any of these funds cannot be so expended within one year, the legislature may17
appropriate annually, for capital improvements or for the purchase of land, ten18
percent of the remaining funds, not to exceed ten million dollars in one year.19
* * *20
§31. Pardon Board21
Section 31. Until a pardon board is appointed under the terms of this22
constitution, the lieutenant governor, the attorney general, and presiding judge of the23
sentencing court shall continue to serve as a board of pardons.24
Section 6. Be it further resolved by the Legislature of Louisiana, two-thirds of the25
members elected to each house concurring, that there shall be submitted to the electors of26
the state of Louisiana, for their approval or rejection in the manner provided by law, a27
proposal to amend Article XIV of the Constitution of Louisiana, by adding a new Part IV,28
comprised of Section 38, to read as follows:29 SB NO. 95
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PART IV1
§38. Abolition of the Offices of Lieutenant Governor and State Treasurer;2
Reallocation of Functions of Certain Executive Branch Departments;3
Effectiveness of Amendments Approved in 20114
Section 41. The provisions of Article IV, Sections 1(A) and (B), 3(A), 7,5
9, 13, 14, 16(A), and 19, Article VII, Sections 7(A), the introductory paragraph6
of 10-A(A) and (C), 10.1(A)(1), (B), and the introductory paragraphs of (D)(1)7
and (2), the introductory paragraph of 10.2(A), (B)(1) and (2), (E)(1), and (F)(1),8
10.4(A)(2), the introductory paragraph of 10.5(A), (B) and (C), the introductory9
paragraph of 10.6(A) and (C), the introductory paragraph of 10.7(A), the10
introductory paragraph of 10.8(A)(1), (2), (3), and (4), (B), (C)(3)(i), 10.9(A),11
10.10(B) and (C), 10.12(B)(1), 13, and 27(A), (C), and (D), Article IX, Sections12
9(A)(1), (2)(b), (B), (C), and (D), 10(A), (B)(2), and (C), Article X, Sections13
2(B)(10), 25, 29(E)(2)(d), and Article XIV, Sections 10 and 31, all amended as14
approved in 2011, and the repeal of Article IV, Sections 6 and 15, as approved15
in 2011, shall be effective at noon on January 10, 2011, and thereafter.16
Section 7. Be it further resolved by the Legislature of Louisiana, two-thirds fo the17
members elected to each house concurring, that there shall be submitted to the electors of18
the state of Louisiana, for their approval or rejection in the manner provided by law, a19
proposal to repeal Article IV, Sections 6 and 15 of the Constitution of Louisiana.20
Section 8. Be it further resolved that this proposed amendment shall be submitted21
to the electors of the state of Louisiana at the statewide election to be held on November 2,22
2010.23
Section 9. Be it further resolved that on the official ballot to be used at said election24
there shall be printed a proposition, upon which the electors of the state shall be permitted25
to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall26
read as follows:27
To abolish the offices of lieutenant governor and state treasurer and to28
transfer the powers and duties of those offices to the secretary of state,29 SB NO. 95
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beginning at noon on January 10, 2011. (Amends Article IV, Sections 1(A)1
and (B), 3(A), 7, 9, 13, 14, 16(A), and 19, Article VII, Sections 7(A), the2
introductory paragraph of 10-A(A) and (C), 10.1(A)(1), (B), and the3
introductory paragraphs of (D)(1) and (2), the introductory paragraph of4
10.2(A), (B)(1) and (2), (E)(1), and (F)(1), 10.4(A)(2), the introductory5
paragraph of 10.5(A), (B) and (C), the introductory paragraph of 10.6(A) and6
(C), the introductory paragraph of 10.7(A), the introductory paragraph of7
10.8(A)(1), (2), (3), and (4), (B), (C)(3)(i), 10.9(A), 10.10(B) and (C),8
10.12(B)(1), 13, and 27(A), (C), and (D), Article IX, Sections 9(A)(1), (2)(b),9
(B), (C), and (D), 10(A), (B)(2), and (C), Article X, Sections 2(B)(10), 25,10
29(E)(2)(d), and Article XIV, Sections 10 and 31; adds Part IV of Article11
XIV, comprised of Section 38; and repeals Article IV, Sections 6 and 15)12
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Present constitution provides for a lieutenant governor who has the following specific
powers and duties:
(1)Service as an ex officio member of each committee, board, and commission on
which the governor serves.
(2)Exercise of powers delegated to him by the governor.
(3)Performance of other duties authorized by the constitution or provided by law
including:
(a) Service as first in the line of succession when a vacancy occurs in the office of
governor.
(b) Acting as governor when the governor is temporarily absent from the state.
Present constitution creates the Department of the Treasury and provides for a state treasurer
to head the department, who has the following specific powers and duties:
(1)Responsible for the custody, investment, and disbursement of the public funds of the
state.
(2) Report annually to the governor and to the legislature at least one month before each
regular session on the financial condition of the state.
(3)Other powers and duties authorized by this constitution or provided by law,
including: SB NO. 95
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(a)Service as second in the line of succession when a vacancy occurs in the
office of governor, following the lieutenant governor.
(b)Depositing to the Louisiana Education Quality Trust Fund all money
received after the first $100,000,000 from the federal government under
Section 1337(g) of Title 43 of the United States Code, and investing of such
funds.
(c)Making allocations from the Coastal Protection and Restoration Fund as
provided by present constitution.
(d)Investing all unexpended and unencumbered monies remaining in the Higher
Education Louisiana Partnership Fund at the end of a fiscal year.
(e)Making allocations from the Mineral Revenue Audit and Settlement Fund as
provided by present constitution.
(f)Making payments into the Oilfield Site Restoration Fund and Oil Spill
Contingency Fund as required by present constitution.
(g)Depositing into the TOPS fund proceeds provided for by present constitution.
(h)Investing monies in the Agricultural and Seafood Products Support Fund in
the same manner as monies in the state general fund.
(i)Making payments into the Louisiana Wildlife and Fisheries Conservation
Fund as required by present constitution.
(j)Investing all monies on deposit in the First Use Tax Trust Fund and Debt
Retirement and Redemption Account in accordance with the law governing
the investment of idle state funds.
(k)Using funds, and interest from their investment, derived from offshore
mineral leases and held in escrow under agreement between the state and the
United States pending settlement of the dispute between the parties to
purchase, retire, or pay in advance of maturity the existing bonded
indebtedness of the state, or investing funds for that purpose.
Present constitution also provides for a Department of State, headed by the secretary of state,
who has certain specified powers and duties, including serving as second (after lieutenant
governor) in the line of succession when a vacancy occurs in the office of the governor.
Proposed constitutional amendment abolishes the office of lieutenant governor as of noon
on Jan. 10, 2011 (upon the expiration of the current term of office). Transfers the powers
and duties of the lieutenant governor to the secretary of state. Further deletes all pertinent
references to the office of lieutenant governor from present constitution, including
provisions for election and term of office of the lieutenant governor; provisions exempting
lieutenant governor from appointing or being succeeded by a first assistant; provisions for
succession to the office of governor (substitutes elected secretary of state); provision for
service as governor in the governor's absence (substitutes secretary of state); provision for
service as a member of the Interim Emergency Board (substitutes secretary of state);
provision for unclassified employees in the office of the lieutenant governor; provision
excepting lieutenant governor's office from 20-department limit on executive branch;
provision excepting the lieutenant governor from removal by suit; and provision for
governor's nominating and the legislature's confirming of a person to fill a vacancy in the
office of lieutenant governor.
Proposed constitutional amendment abolishes the office of treasurer as of noon on Jan. 10, SB NO. 95
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2011 (upon the expiration of the current term of office). Transfers the powers and duties of
the treasurer provided for by present constitution to the secretary of state. Further deletes
all pertinent references to the office of treasurer found in present constitution.
Specifies submission of the amendment to the voters at the statewide election to be held on
November 2, 2010.
Effective at noon January 10, 2011.
(Amends Const. Art. IV, Sec. 1(A) and (B), 3(A), 7, 9, 13, 14, 16(A), and 19, Art. VII, Sec.
7(A), the introductory paragraph of 10-A(A) and (C), 10.1(A)(1), (B), and the introductory
paragraphs of (D)(1) and (2), the introductory paragraph of 10.2(A), (B)(1) and (2), (E)(1),
and (F)(1), 10.4(A)(2), the introductory paragraph of 10.5(A), (B) and (C), the introductory
paragraph of 10.6(A) and (C), the introductory paragraph of 10.7(A), the introductory
paragraph of 10.8(A)(1), (2), (3), and (4), (B), (C)(3)(i), 10.9(A), 10.10(B) and (C),
10.12(B)(1), 13, and 27(A), (C), and (D), Art. IX, Sec. 9(A)(1), (2)(b), (B), (C), and (D),
10(A), (B)(2), and (C), Art. X, Sec. 2(B)(10), 25, 29(E)(2)(d), and Art. XIV, Sec. 10 and 31;
adds Part IV of Art. XIV, comprised of Sec. 38; and repeals Article IV, Sec. 6 and 15)