?NOTICE
Proposed Constitutional Amendments to be voted on at the Gubernatorial Primary Election October 14, 2023
CODING: Words which are struck through are deletions from existing law; words in boldface type and/or
underscored are additions.
Proposed Amendment No. 1
Regular Session, 2023
ACT No. 200
HOUSE BILL NO. 311
BY REPRESENTATIVES MIGUEZ, AMEDEE, BAGLEY, BEAULLIEU,
BUTLER, COUSSAN, CREWS, DESHOTEL, ECHOLS, EDMONDS,
EDMONSTON, EMERSON, FRIEMAN, GAROFALO, GOUDEAU, HODGES,
HORTON, ILLG, MIKE JOHNSON, MACK,
MCCORMICK, MCFARLAND, MUSCARELLO,
ORGERON, CHARLES OWEN, RISER,
SCHAMERHORN, SEABAUGH, TARVER,
AND THOMPSON
A JOINT RESOLUTIONProposing to add Article XI, Section 6 of the Constitution of Louisiana, to generally prohibit the use of funds and resources from a foreign government or a nongovernmental source for the conduct of elections and for the functions and duties established in the election code except under specified circumstances; to provide for submission of the proposed amendment to the electors; and to provide for related matters. Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members elected to each house concurring, that there shall be submitted to the electors of the state of Louisiana, for their approval or rejection in the manner provided by law, a proposal to add Article XI, Section 6 of the Constitution of Louisiana, to read as follows: §6. Use of Monies, Goods, or Services for Conduct of Elections; Prohibitions Section 6. No funds, goods, or services donated by a foreign government or a nongovernmental source shall be used to conduct elections unless provided for in the election code and subject to restrictions provided by general law. Section 2. Be it further resolved that this proposed amendment shall be submitted to the electors of the state of Louisiana at the statewide election to be held on October 14, 2023. Section 3. Be it further resolved that on the official ballot to be used at the election, there shall be printed a proposition, upon which the electors of the state shall be permitted to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as follows: Do you support an amendment to prohibit the use of funds, goods, or services from a foreign government or a nongovernmental source to conduct elections and election functions and duties unless the use is authorized by the secretary of state through policies established in accordance with law? (Adds Article XI, Section 6)
Proposed Amendment No. 2
Regular Session, 2023
ACT No. 30
SENATE BILL NO. 63
BY SENATORS MIZELL, ABRAHAM, ALLAIN,
BARROW, CATHEY,
CLOUD, CONNICK, CORTEZ, FESI, FOIL, HENRY, HENSGENS,
HEWITT, JACKSON,
KLEINPETER, LAMBERT, MCMATH, MILLIGAN, ROBERT MILLS, PEACOCK, POPE, REESE, STINE, TARVER, WHITE AND WOMACK AND
REPRESENTATIVES AMEDEE, BACALA, BAGLEY, BEAULLIEU, BOYD, BUTLER, CARRIER, COX, CREWS, DAVIS, DESHOTEL, DEVILLIER, ECHOLS, EDMONDS,
EDMONSTON, EMERSON, FARNUM, FIRMENT, FISHER, FONTENOT,
FRIEMAN, GADBERRY, GAROFALO, GOUDEAU, HARRIS, HODGES,
HOLLIS, HORTON, ILLG, IVEY, MIKE JOHNSON,
KERNER, KNOX,
MACK, MCCORMICK,
MCFARLAND, MCKNIGHT, MCMAHEN, MIGUEZ, MINCEY, MOORE, CHARLES OWEN, RISER, ROMERO, SCHAMERHORN, SEABAUGH, SELDERS,
ST. BLANC, TARVER, THOMAS, WHEAT,
WHITE AND WRIGHTPrefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
A JOINT RESOLUTIONProposing to add Article XII, Section 17 of the Constitution of Louisiana, relative to religious freedom; to provide that the freedom of worship in churches or other places of worship is a fundamental right that is worthy of the highest order of protection; to provide for the highest level of scrutiny by a court; to provide for intent; and to specify an election for submission of the proposition to electors and provide a ballot proposition. Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members elected to each house concurring, that there shall be submitted to the electors of the state, for their approval or rejection in the manner provided by law, a proposal to add Article XII, Section 17 of the Constitution of Louisiana, to read as follows: §17. Freedom of worship in churches or other places of worship Section 17.(A) The freedom to worship in a church or other place of worship is a fundamental right that is worthy of the highest order of protection. (B) This Section shall not alter or limit Article 1, Section 8 of this constitution in any way. The free exercise of religion guaranteed by Article 1, Section 8 of this constitution shall not be limited to the fundamental right to worship in a church or other place of worship. (C) If a state or local governmental body or official acts in a manner that is contrary to the provisions of this Section and a challenge is brought related to that governmental action, the court shall apply strict scrutiny in order to protect the fundamental right to worship in a church or other place of worship, unless there is a higher level of protection or scrutiny recognized and applied by the court. Section 2. Be it further resolved that this proposed amendment shall be submitted to the electors of the state at the statewide election to be held on October 14, 2023. Section 3. Be it further resolved that on the official ballot to be used at the election there shall be printed a proposition, upon which the electors of the state shall be permitted to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as follows: Do you support an amendment to provide that the freedom of worship in a church or other place of worship is a fundamental right that is worthy of the highest order of protection? (Adds Const. Article XII, Section 17)
Proposed Amendment No. 3
Regular Session, 2023
ACT No. 107
HOUSE BILL NO. 47
BY REPRESENTATIVE NELSON AND SENATOR PEACOCK
A JOINT RESOLUTIONProposing to amend Article VII, Section 10(D)(2)(b)(ii) and (iii) of the Constitution of Louisiana, to provide relative to payment of certain state retirement system unfunded accrued liability; to provide for the amount of nonrecurring state revenue that is required to be appropriated to such debt; to repeal provisions relative to the amount and distribution of such payments required in prior fiscal years; to provide for submission of the proposed amendment to the electors; and to provide for related matters. Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members elected to each house concurring, that there shall be submitted to the electors of the state of Louisiana, for their approval or rejection in the manner provided by law, a proposal to amend Article VII, Section 10(D)(2)(b)(ii) and (iii) of the Constitution of Louisiana, to read as follows: §10. Expenditure of State Funds Section 10.
(D) Appropriations.
(2) Except as otherwise provided in this constitution, the appropriation or allocation of any money designated in the official forecast as nonrecurring shall be made only for the following purposes:
(b)
(ii) For Fiscal Years 2013-2014 and 2014-2015 the legislature shall appropriate no less than five percent of any money designated in the official forecast as nonrecurring to the Louisiana State Employees' Retirement System and the Teachers' Retirement System of Louisiana for application to the balance of the unfunded accrued liability of such systems existing as of June 30, 1988, in proportion to the balance of such unfunded accrued liability of each such system. Any such payments to the public retirement systems shall not be used, directly or indirectly, to fund cost-of-living increases for such systems. (iii) For Fiscal Year 2015-2016 and every fiscal year thereafter through Fiscal Year 2023-2024, the legislature shall appropriate no less than ten percent of any money designated in the official forecast as nonrecurring to the Louisiana State Employees' Retirement System and the Teachers' Retirement System of Louisiana for application to the balance of the unfunded accrued liability of such systems existing as of June 30, 1988, in proportion to the balance of such unfunded accrued liability of each such system. Any such payments to the public retirement systems shall not be used, directly or indirectly, to fund cost-of-living increases for such systems. (iii) For Fiscal Year 2024-2025 and each fiscal year thereafter, the legislature shall appropriate no less than twenty-five percent of any money designated in the official forecast as nonrecurring to the state retirement systems for application to their unfunded accrued liability. Money appropriated pursuant to this Item shall be applied by the receiving system to its outstanding positive amortization bases in the order in which they were created, from oldest to newest. The legislature may provide by law for a formula to distribute the nonrecurring money between those state retirement systems that have unfunded accrued liability. If the legislature has not provided by law for a distribution formula, nonrecurring money shall be appropriated pursuant to this Item to each system in the proportion that the system's total unfunded accrued liability bears to the total of all state system unfunded accrued liability, using the most recent system valuations adopted by the Public Retirement Systems' Actuarial Committee or its successor. Any payment to a state retirement system made pursuant to the provisions of this Item shall not be used, directly or indirectly, to fund cost-of-living increases for such system.
Section 2. Be it further resolved that this proposed amendment shall be submitted to the electors of the state of Louisiana at the statewide election to be held on October 14, 2023. Section 3. Be it further resolved that on the official ballot to be used at the election, there shall be printed a proposition, upon which the electors of the state shall be permitted to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as follows: Do you support an amendment to require that a minimum of twenty-five percent of any money designated as nonrecurring state revenue be applied toward the balance of the unfunded accrued liability of the state retirement systems? (Amends Article VII, Section 10(D)(2)(b)(ii) and (iii))
Proposed Amendment No. 4
Regular Session, 2023
ACT No. 48
HOUSE BILL NO. 46
BY REPRESENTATIVES HUGHES AND KNOX
A JOINT RESOLUTIONProposing to amend Article VII, Section 21(B) of the Constitution of Louisiana, relative to ad valorem tax exemptions; to provide for eligibility of certain nonprofit organizations for such exemptions; to prohibit the exemption from ad valorem taxation of certain residential property owned by a nonprofit corporation or association based upon the condition of the property; to provide for determinations by local governing authorities with respect to the condition of certain property owned by a nonprofit corporation or association and leased as housing; to authorize the issuance or reinstatement of a property tax exemption to a nonprofit corporation or association in certain circumstances; to make technical changes and corrections; to provide for applicability; to provide for submission of the proposed amendment to the electors; and to provide for related matters. Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members elected to each house concurring, that there shall be submitted to the electors of the state of Louisiana, for their approval or rejection in the manner provided by law, a proposal to amend Article VII, Section 21(B) of the Constitution of Louisiana, to read as follows:
§21. Other Property Exemptions
Section 21. In addition to the homestead exemption provided for in Section 20 of this Article, the following property and no other shall be exempt from ad valorem taxation:(B)(1)(a)(i) Property owned by a nonprofit corporation or association organized and operated exclusively for religious, dedicated places of burial, charitable, health, welfare, fraternal, or educational purposes, no part of the net earnings of which inure to the benefit of any private shareholder or member thereof and which that is declared to be exempt from federal or state income tax; and (ii) medical Medical equipment leased for a term exceeding five years to such a nonprofit corporation or association which that owns or operates a small, rural hospital and which that uses the equipment solely for health care purposes at the hospital, provided that the property shall be exempt only during the term of the lease to such corporation or association, and further provided that "small, rural hospital" shall mean a hospital which that meets all of the following criteria: (aa) It has less than fifty Medicare-licensed acute care beds. (bb) It is located in a municipality with a population of less than ten thousand which that has been classified as an area with a shortage of health manpower by the United States Health Service; and (b) property Property leased to such a nonprofit corporation or association for use solely as housing for homeless persons, as defined by regulation adopted by the tax commission or its successor provided that the term of such lease shall be for at least five years, that as a condition of entering into the lease the property be in compliance with all applicable health and sanitation codes for use as housing for homeless persons, that the lease shall provide that compensation to be paid the lessor shall not exceed one dollar per year, and that such contract of lease shall recite that the property shall be used exclusively for the purpose of housing the homeless, and further provided that at such time as the property is no longer used solely as housing for homeless persons, the property shall no longer be exempt from taxation; (2) property Property of a bona fide labor organization representing its members or affiliates in collective bargaining efforts; and (3) property Property of an organization such as a lodge or club organized for charitable and fraternal purposes and practicing the same, and property of a nonprofit corporation devoted to promoting trade, travel, and commerce, and also property of a trade, business, industry or professional society or association, if that property is owned by a nonprofit corporation or association organized under the laws of this state for such purposes. (4)(a) None of the property listed in this Paragraph (B) shall be exempt if owned, operated, leased, or used for commercial purposes unrelated to the exempt purposes of the corporation or association. (b)(i) None of the property listed in this Paragraph shall be exempt if the property is owned by a nonprofit corporation or association and the governing authority of the municipality or parish in which the property is located determines all of the following: (aa) The property is leased as housing, is in a state of disrepair, and manifests conditions which endanger the health or safety of the public. (bb) The owner of the property habitually neglects maintenance of the property as evidenced by three or more sustained code enforcement violations issued for the property in the prior twelve months for matters that endanger the health or safety of residents of the property or of persons in the area surrounding the property. For purposes of this Item, matters deemed to endanger health or safety include structural instability due to deterioration; injurious or toxic ventilation; contaminated or inoperable water supply; holes, breaks, rotting materials, or mold in walls; roof defects that admit rain; unsecured overhang extensions in danger of collapse; a hazardous electrical system; improper connection of fuel-burning appliances or equipment; an inactive or inoperable fire detection system; an unsecured or contaminated swimming pool; or any combination of these. (ii) An ad valorem tax exemption denied or revoked pursuant to the provisions of Item (i) of this Subsubparagraph may be issued or reinstated if the governing authority of the municipality or parish in which the property is located determines that the conditions enumerated in Item (i) of this Subsubparagraph no longer exist.
Section 2. Be it further resolved that the provisions of the amendment contained in this Joint Resolution shall be applicable to all tax years beginning on or after January 1, 2024. Section 3. Be it further resolved that this proposed amendment shall be submitted to the electors of the state of Louisiana at the statewide election to be held on October 14, 2023. Section 4. Be it further resolved that on the official ballot to be used at the election, there shall be printed a proposition, upon which the electors of the state shall be permitted to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as follows: Do you support an amendment to deny a property tax exemption to a nonprofit corporation or association that owns residential property in such a state of disrepair that it endangers public health or safety? (Amends Article VII, Section 21(B))
RUN: Aug. 31(Au 42)