CONSTITUTION OF 1974
Louisiana State Senate
January, 2004
ARTICLE IV. EXECUTIVE BRANCH
$1. Composition; Number of
Departments; Reorganization
$2. Qualifications
$3. Election; Term
$4. Compensation
$5. Governor; Powers and Duties
$6. Lieutenant Governor; Powers and
Duties
$7. Secretary of State; Powers and
Duties
$8. Attorney General; Powers and
Duties
$9. Treasurer; Powers and Duties
$10. Commissioner of Agriculture;
Powers and Duties
$11. Commissioner of Insurance; Powers
and Duties
$12. Commissioner of Election; Powers
and Duties
$13. First Assistants; Appointment
$14. Vacancy in Office of Governor
$15. Vacancy in Office of Lieutenant
Governor
$16. Vacancies in Other Statewide
Elective Offices
$17. Declaration of Inability by
Statewide Elected Officials
$18. Determination of Inability of
Statewide Elected Official
$19. Temporary Absences
$20. Appointment of Officials; Merger,
Consolidation of Offices and Departments
$21. Public Service Commission
Article IV
ARTICLE IV. EXECUTIVE BRANCH
$1. Composition; Number of Departments;
Reorganization
Section 1.(A) Composition. The
executive branch shall consist of the governor, lieutenant governor,
secretary of state, attorney general, treasurer, commissioner of
agriculture, commissioner of insurance, superintendent of education,
commissioner of elections, and all other executive offices, agencies,
and instrumentalities of the state.
(B) Number of Departments. Except for
the offices of governor and lieutenant governor, all offices,
agencies, and other instrumentalities of the executive branch and
their functions, powers, duties, and responsibilities shall be
allocated according to function within not more than twenty
departments. The powers, functions, and duties allocated by this
constitution to any executive office or commission shall not be
affected or diminished by the allocation provided herein except as
authorized by Section 20 of this Article.
(C) Reorganization. Reallocation of the
functions, powers, and duties of all departments, offices, agencies,
and other instrumentalities of the executive branch, except those
functions, powers, duties, and responsibilities allocated by this
constitution, shall be as provided by law.
$2. Qualifications
Section 2. To be eligible for any
statewide elective office, a person, by the date of his qualification
as a candidate, shall have attained the age of twenty-five years, be
an elector, and have been a citizen of the United States and of this
state for at least the preceding five years. In addition, the
attorney general shall have been admitted to the practice of law in
the state for at least the five years preceding his election. During
his tenure in office, a statewide elected official shall hold no
other public office except by virtue of his elected office.
$3. Election; Term
Section 3.(A) Election. Except as
provided in Section 20 of this Article, the governor, lieutenant
governor, secretary of state, attorney general, treasurer,
commissioner of agriculture, commissioner of insurance,
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superintendent of education, and commissioner of elections each shall
be elected for a term of four years by the electors of the state at
the time and place of voting for members of the legislature. The term
of each such official shall begin at noon on the second Monday in
January next following the election.
(B) Limitation on Governor. A person
who has served as governor for more than one and one-half terms in
two consecutive terms shall not be elected governor for the
succeeding term.
(C) Additional Limitation. Except as
provided by this constitution, no official shall be elected
statewide. (D) Notwithstanding any other provision of this
constitution or of law to the contrary, statewide elected officials
and members of the legislature elected in 1987 shall hold office from
and after the second Monday in March, 1988. These statewide elected
officials and any successor elected to the unexpired term of any of
them shall serve for terms which shall expire at noon on January 13,
1992. These members of the legislature and any successor elected to
the unexpired term of any of them shall serve for terms which shall
expire at ten o'clock a.m. on January 13, 1992. Thereafter, statewide
elected officials and members of the legislature shall be elected for
terms of four years. For purposes of retirement, the statewide
elected officials and members of the legislature elected in 1987
shall be deemed to be elected for a four-year term.
Acts 1986, No. 1082, $1, approved Sept.
27, 1986, eff. Oct. 30, 1986.
$4. Compensation
Section 4. Except as otherwise provided
by this constitution, the compensation of each statewide elected
official shall be provided by law.
$5. Governor; Powers and Duties
Section 5.(A) Executive Authority. The
governor shall be the chief executive officer of the state. He shall
faithfully support the constitution and laws of the state and of the
United States and shall see that the laws are faithfully executed.
(B) Legislative Reports and
Recommendations. The governor shall, at the beginning of each regular
session, and may, at other times, make reports and recommendations
and give information to the legislature concerning the affairs of
state, including its complete financial condition.
(C) Departmental Reports and
Information. When requested by the governor, a department head shall
provide him with reports and information, in writing or otherwise, on
any subject relating to the department, except matters concerning
investigations of the governor's office.
(D) Operating and Capital Budget. The
governor shall submit to the legislature an operating budget and a
capital budget, as provided by Article VII, Section 11 of this
constitution.
(E) Pardon, Commutation, Reprieve, and
Remission; Board of Pardons. (1) The governor may grant reprieves to
persons convicted of offenses against the state and, upon favorable
recommendation of the Board of Pardons, may commute sentences, pardon
those convicted of offenses against the state, and remit fines and
forfeitures imposed for such offenses. However, a first offender
convicted of a non-violent crime, or convicted of aggravated battery,
second degree battery, aggravated assault, mingling harmful
substances, aggravated criminal damage to property, purse snatching,
extortion, or illegal use of weapons or dangerous instrumentalities
never previously convicted of a felony shall be pardoned
automatically upon completion of his sentence, without a
recommendation of the Board of Pardons and without action by the
governor.
(2) The Board of Pardons shall consist
of five electors appointed by the governor, subject to confirmation
by the Senate. Each member of the board shall serve a term concurrent
with that of the governor appointing him.
(F) Receipt of Bills from the
Legislature. The date and hour when a bill finally passed by the
legislature is delivered to the governor shall be endorsed thereon.
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(G) Item Veto. (1) Except as otherwise provided by this constitution,
the governor may veto any line item in an appropriation bill. Any
item vetoed shall be void unless the veto is overridden as prescribed
for the passage of a bill over a veto.
(2) The governor shall veto line items
or use means provided in the bill so that total appropriations for
the year shall not exceed anticipated revenues for that year.
(H) Appointments. (1) The governor
shall appoint, subject to confirmation by the Senate, the head of
each department in the executive branch whose election or appointment
is not provided by this constitution and the members of each board
and commission in the executive branch whose election or appointment
is not provided by this constitution or by law.
(2) Should the legislature be in
regular session, the governor shall submit for confirmation by the
Senate the name of an appointee within forty-eight hours after the
appointment is made. Failure of the Senate to confirm the
appointment, prior to the end of the session, shall constitute
rejection.
(3) If the legislature is not in
regular session, the governor may make interim appointments, which
shall expire at the end of the next regular session, unless submitted
to and confirmed by the Senate during that session.
(4) A person not confirmed by the
Senate shall not be appointed to the same office during any recess of
the legislature.
(I) Removal Power. The governor may
remove from office a person he appoints, except a person appointed
for a term fixed by this constitution or by law.
(J) Commander-in-Chief. The governor
shall be commander-in-chief of the armed forces of the state, except
when they are called into service of the federal government. He may
call out these forces to preserve law and order, to suppress
insurrection, to repel invasion, or in other times of emergency.
(K) Other Powers and Duties. The
governor shall have other powers and perform other duties authorized
by this constitution or provided by law.
Amended by Acts 1999, No. 1398, $1,
approved Oct. 23, 1999, eff. Nov. 25, 1999; Acts 1999, No. 1401, $1,
approved Nov. 20, 1999, eff. Dec. 27, 1999.
$6. Lieutenant Governor; Powers and
Duties
Section 6. The lieutenant governor
shall serve ex officio as a member of each committee, board, and
commission on which the governor serves. He shall exercise the powers
delegated to him by the governor and shall have other powers and
perform other duties in the executive branch authorized by this
constitution or provided by law.
$7. Secretary of State; Powers and
Duties
Section 7. There shall be a Department
of State. The secretary of state shall head the department and shall
be the chief election officer of the state. He shall prepare and
certify the ballots for all elections, promulgate all election
returns, and administer the election laws, except those relating to
voter registration and custody of voting machines. He shall
administer the state corporation and trademark laws; serve as keeper
of the Great Seal of the State of Louisiana and attest therewith all
official laws, documents, proclamations, and commissions; administer
and preserve the official archives of the state; promulgate and
publish all laws enacted by the legislature and retain the originals
thereof; and countersign and keep an official registry of all
commissions. He may administer oaths, and shall have other powers and
perform other duties authorized by this constitution or provided by
law.
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$8. Attorney General; Powers and Duties
Section 8. There shall be a Department
of Justice, headed by the attorney general, who shall be the chief
legal officer of the state. The attorney general shall be elected for
a term of four years at the state general election. The assistant
attorneys general shall be appointed by the attorney general to serve
at his pleasure.
As necessary for the assertion or
protection of any right or interest of the state, the attorney
general shall have authority (1) to institute, prosecute, or
intervene in any civil action or proceeding; (2) upon the written
request of a district attorney, to advise and assist in the
prosecution of any criminal case; and (3) for cause, when authorized
by the court which would have original jurisdiction and subject to
judicial review, (a) to institute, prosecute, or intervene in any
criminal action or proceeding, or (b) to supersede any attorney
representing the state in any civil or criminal action.
The attorney general shall exercise
other powers and perform other duties authorized by this constitution
or by law.
$9. Treasurer; Powers and Duties
Section 9. There shall be a Department
of the Treasury. The treasurer shall head the department and shall be
responsible for the custody, investment, and disbursement of the
public funds of the state, except as otherwise provided by this
constitution. He shall report annually to the governor and to the
legislature at least one month before each regular session on the
financial condition of the state, and shall have other powers and
perform other duties authorized by this constitution or provided by
law.
$10. Commissioner of Agriculture;
Powers and Duties
Section 10. There shall be a Department
of Agriculture. The commissioner of agriculture shall head the
department and shall exercise all functions of the state relating to
the promotion, protection, and advancement of agriculture, except
research and educational functions expressly allocated by this
constitution or by law to other state agencies. The department shall
exercise such functions and the commissioner shall have other powers
and perform other duties authorized by this constitution or provided
by law.
$11. Commissioner of Insurance; Powers
and Duties
Section 11. There shall be a Department
of Insurance, headed by the commissioner of insurance. The department
shall exercise such functions and the commissioner shall have powers
and perform duties authorized by this constitution or provided by
law.
$12. Commissioner of Elections; Powers
and Duties
Section 12. There shall be a Department
of Elections and Registration. The commissioner of elections shall
head the department and shall administer the laws relating to custody
of voting machines and voter registration. He shall have other powers
and perform other duties authorized by this constitution or provided
by law.
$13. First Assistants; Appointment
Section 13. Each statewide elected
official except the governor and lieutenant governor shall appoint a
first assistant, subject to public confirmation by the Senate, and
may remove him at his pleasure. The official shall submit the
appointment to the Senate in the manner and subject to the procedures
and limitations applicable to appointments submitted by the governor.
The first assistant shall possess the qualifications required for
election to the office.
$14. Vacancy in Office of Governor
Section 14. When a vacancy occurs in
the office of governor, the order of succession shall be (1) the
elected lieutenant governor, (2) the elected secretary of state, (3)
the elected attorney general, (4) the elected treasurer, (5) the
presiding officer of the Senate, (6) the presiding officer of the
House of Representatives, and then (7) as provided by law. The
successor shall serve the remainder of the term for which the
governor was elected.
$15. Vacancy in Office of Lieutenant
Governor
Section 15. Should a vacancy occur in
the office of lieutenant governor, the governor shall nominate a
lieutenant governor, who shall take office upon confirmation by a
majority vote of the elected members of each house of the
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legislature.
$16. Vacancies in Other Statewide
Elective Offices
Section 16. A vacancy in a statewide
elective office other than that of governor or lieutenant governor
shall be filled by the first assistant. If the unexpired term exceeds
one year, the office shall be filled by election at the next
regularly scheduled congressional or statewide election, and the
first assistant shall serve only until the person then elected takes
office.
$17. Declaration of Inability by
Statewide Elected Officials
Section 17. When a statewide elected
official transmits to the presiding officers of the Senate and House
of Representatives a written declaration of his inability to
discharge the powers and duties of his office, and until he transmits
to them a written declaration to the contrary, the person who would
succeed to the office when a vacancy occurs shall assume the powers
and duties of the office as acting official.
$18. Determination of Inability of
Statewide Elected Official
Section 18.(A) Declaration and
Counter-Declaration. When a majority of the statewide elected
officials determine that any other such official is unable to
discharge the powers and duties of his office, they shall transmit a
written declaration to this effect to the presiding officer of each
house and to the official, and shall file a copy of the declaration
in the office of the secretary of state. Thereafter, the
constitutional successor shall assume the office as acting official
unless, within forty-eight hours after the declaration is filed in
the office of the secretary of state, the elected official files in
that office and transmits to the presiding officer of each house his
written counter-declaration of his ability to exercise the powers and
perform the duties of his office.
(B) Determination by the Legislature.
The legislature shall convene at noon on the third calendar day after
the filing of any counter-declaration, which may be filed by the
official at any time. Should two-thirds of the elected members of
each house fail to adopt a resolution within seventy-two hours
declaring probable justification for the determination that inability
exists, the official shall continue in or resume office.
(C) Assumption of Office by
Constitutional Successor. If two-thirds of the elected members of
each house adopt a resolution declaring that probable justification
exists for the declaration of inability, the constitutional successor
shall assume the powers and duties of the office and a copy of the
resolution shall be transmitted forthwith to the supreme court.
(D) Determination by Supreme Court. By
preference and with priority over all other matters, the supreme
court shall determine the issue of inability after due notice and
hearing, by a majority vote of members elected to the court, under
such rules as it may adopt.
(E) Reconsideration by Supreme Court. A
judgment of the supreme court affirming inability may be reconsidered
by the court, after due notice and hearing, either upon its own
motion or upon the application of the official. Upon proper showing
and by majority vote of its elected members, the court may determine
that no inability then exists, whereupon the official shall
immediately resume the powers and duties of his office.
$19. Temporary Absences
Section 19. When the governor is
temporarily absent from the state, the lieutenant governor shall act
as governor. When any other statewide elected official is temporarily
absent from the state, the appointed first assistant shall act in his
absence.
$20. Appointment of Officials; M erger,
Consolidation of Offices and Departments
Section 20. After the first election of
state officials following the effective date of this constitution,
the legislature may provide, by law enacted by two-thirds of the
elected members of each house, for appointment, in lieu of election,
of the commissioner of agriculture, the commissioner of insurance,
the superintendent of education, the commissioner of elections, or
any of them. In that event, the legislature shall prescribe
qualifications and method of appointment and by similar vote, may
provide by law for the merger or consolidation of any such office,
its department, and functions with any other office or department in
the executive branch. No action of the legislature
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