Louisiana CONSTITUTION
ARTICLE XII
GENERAL PROVISIONS
Art. XII §1 | STATE CAPITAL
Art. XII §2 | CIVILIAN-MILITARY RELATIONS
Art. XII §3 | RIGHT TO DIRECT PARTICIPATION
Art. XII §4 | PRESERVATION OF LINGUISTIC AND CULTURAL ORIGINS
Art. XII §5 | SUCCESSIONS; FORCED HEIRSHIP AND TRUSTS
(B) The legislature shall provide for the classification of descendants, of the first degree, twenty-three years of age or younger as forced heirs. The legislature may also classify as forced heirs descendants of any age who, because of mental incapacity or physical infirmity, are incapable of taking care of their persons or administering their estates. The amount of the forced portion reserved to heirs and the grounds for disinherison shall also be provided by law. Trusts may be authorized by law and the forced portion may be placed in trust.
Art. XII §6 | LOTTERIES; GAMING, GAMBLING, OR WAGERING
(2) A law providing for the creation and operation of a state lottery, once enacted, may be modified only by a law enacted by two-thirds of the elected members of each house but may be repealed in its entirety by a law enacted by a majority thereof. If such a law has been repealed, the legislature thereafter may provide for the creation and operation of a state lottery only by law enacted by two-thirds of the elected members of each house.
(3) No state general funds may be expended for the primary purpose of inducing persons to participate in the lottery. However, state general funds may be expended for the purpose of reasonably informing the public solely about the following factors pertaining to the operation and administration of the lottery:
(b) The price or prices of tickets or shares in the lottery.
(c) The numbers and sizes of prizes.
(d) The approximate odds of winning.
(e) The manner of payment.
(f) Frequency and time of awarding of prizes.
(g) Location of sites for sale of tickets or shares and sites of determination of winners and awarding of prizes.
(C) Gaming, Gambling, or Wagering Referendum Elections.
(b) No form of gaming, gambling, or wagering authorized by law on the effective date hereof* shall be licensed or permitted to be conducted in a parish in which it was not heretofore being conducted, except licensed charitable gaming which may be conducted in any parish provided it is conducted in compliance with the law, pursuant to a state license or permit unless a referendum election on a proposition to allow such gaming, gambling, or wagering is held in the parish and the proposition is approved by a majority of those voting thereon.
(3) The legislature may at any time repeal statutes authorizing gaming, gambling, or wagering.
(4) Notwithstanding Article III, Section 12, or any other provision of this constitution, the legislature by local or special law may provide for elections on propositions relating to allowing or prohibiting one or more forms of gaming, gambling, or wagering authorized by legislative act.
Notes
Art. XII §7 | STATE PENAL INSTITUTIONS; REIMBURSEMENT OF PARISH EXPENSE
Art. XII §8 | WELFARE, UNEMPLOYMENT COMPENSATION, AND HEALTH
Art. XII §8.1 | WORKERS' COMPENSATION
(2) Once the full faith and credit of the state for the payment of the corporation's legal obligations is extinguished, and the corporation provides security, as required by law, to hold the state harmless from all claims arising from any legal obligation of the corporation to which the full faith and credit of the state is applicable, including all costs associated therewith:
(b) Exclusive power to dissolve or otherwise terminate the corporation shall rest solely with the commissioner of insurance or the corporation's policyholders. Such dissolution or termination shall be in accordance with law.
(c) The corporation shall not be sold or converted to a domestic stock insurer, nor shall ownership or control be transferred.
(d) The corporation shall not be subject to any legislation directed exclusively at the corporation which impairs the corporation's ability to provide a competitive market for workers' compensation insurance to Louisiana employers.
(e) Upon the failure of the corporation to maintain security as required herein and as certified by the commissioner of insurance, the provisions of Subsubparagraphs (a), (b), (c), and (d) shall be null.
(2) Full Faith and Credit. The corporation may rely on the full faith and credit of the state of Louisiana for the payment of legal obligations, for a period of five years or until such time as the United States Department of Labor approves United States Longshore and Harbor Worker's Compensation Act coverage by the corporation without such security, whichever occurs later.
(b) One person from a list of three names submitted by the Louisiana Association of Business and Industry, or by a successor organization representative of organized business to be designated by the legislature in the event that the Louisiana Association of Business and Industry ceases to exist.
(c) Four persons, all residents of Louisiana, each of whom represents a for-profit business, provided that at least one of these persons represents a business with ten or fewer employees, one of these persons represents a business with at least eleven but not more than fifty employees, one of these persons represents a business with over fifty employees, and one of these persons represents a business with over one hundred employees.
(d) A member of the Senate who has management experience in a for-profit business, who shall be a nonvoting ex officio member.
(e) A member of the House of Representatives who has management experience in a for-profit business, who shall be a nonvoting ex officio member.
(f) One person, from a list of three submitted by the board of directors of the Louisiana Workers' Compensation Corporation, who is an agent licensed by the Department of Insurance to sell workers' compensation insurance in Louisiana and who possesses executive level experience in the field of workers' compensation insurance.
(g) Two persons, each from a list of three submitted by the board of directors of Louisiana Workers' Compensation Corporation, who are residents of the state of Louisiana and who shall represent the interest of the citizens of the state at large.
(h) Repealed by Acts 2003, No. 1294, §2, approved Oct. 4, 2003, eff. Nov. 6, 2003.
(i) The insurance commissioner or his designee, who shall be a nonvoting ex officio member.
(3) The legislature shall provide by law for staggered terms of board members. Those who hold policies issued by the corporation will elect the successors to the four charter members representing for-profit businesses. The president of the Senate shall appoint the successors to the charter Senate member and the speaker of the House of Representatives shall appoint the successors to the charter House of Representatives member. The governor shall continue to appoint all other members as initially provided.
(4) All gubernatorial appointees shall be confirmed by the Senate in conformity with the procedures of Article IV, Section 5(H) of this constitution.
(E) Solvency. The corporation shall adopt actuarially sound rates and underwriting policies that insure the corporation's solvency.
(F) Guaranty Fund. The corporation shall be exempt from participation in and shall not join or contribute financially to or be entitled to the protection of any plan, pool, association, or guaranty fund or insolvency fund authorized or required pursuant to the Insurance Code. However, upon the extinguishment of the full faith and credit guarantee of the state, the corporation shall no longer be exempt from participation in, contribution to, and protection under the insurance guaranty association fund created and operating under R.S. 22:1375 et seq., of the Insurance Code. The corporation's participation in, contribution to, and protection under the insurance guaranty association fund shall be on a prospective basis only. This prospective participation, contribution, and protection shall only apply to claims arising from injuries occurring after the extinguishment of the full faith and credit guarantee.
Art. XII §9 | EXEMPTIONS FROM SEIZURE AND SALE
Art. XII §10 | SUITS AGAINST THE STATE
(B) Waiver in Other Suits. The legislature may authorize other suits against the state, a state agency, or a political subdivision. A measure authorizing suit shall waive immunity from suit and liability.
(C) Limitations; Procedure; Judgments. Notwithstanding Paragraph (A) or (B) or any other provision of this constitution, the legislature by law may limit or provide for the extent of liability of the state, a state agency, or a political subdivision in all cases, including the circumstances giving rise to liability and the kinds and amounts of recoverable damages. It shall provide a procedure for suits against the state, a state agency, or a political subdivision and provide for the effect of a judgment, but no public property or public funds shall be subject to seizure. The legislature may provide that such limitations, procedures, and effects of judgments shall be applicable to existing as well as future claims. No judgment against the state, a state agency, or a political subdivision shall be exigible, payable, or paid except from funds appropriated therefor by the legislature or by the political subdivision against which the judgment is rendered.
Art. XII §11 | CONTINUITY OF GOVERNMENT
Art. XII §12 | CORPORATIONS; PERPETUAL OR INDEFINITE DURATION; DISSOLUTION; PERPETUAL FRANCHISES OR PRIVILEGES
Art. XII §13 | PRESCRIPTION AGAINST STATE
Art. XII §14 | ADMINISTRATIVE AGENCY CODES
Art. XII §15 | DEFENSE OF MARRIAGE
Art. XII §16 | PATIENT'S COMPENSATION FUND
(B) Patient's Compensation Fund assets. The assets of a fund, when established pursuant to this Section, shall not be state property, shall not be subject to appropriation by the legislature, and shall not be required for deposit in the state treasury pursuant to Article VII, Section 9(A) of this constitution. Assets of such a fund shall consist of all surcharges collected from health care provider members and filing fees collected from claimants, all reserves to pay future claims, all interest earned upon any monies invested by the board, any securities acquired through the investment of fund monies, all earnings on such securities, and all other monies and assets deposited into the fund.
(C) Guaranty fund. Any such fund created pursuant to this Section shall be exempt from participation in and shall not join or contribute financially to or be entitled to the protection of any plan, pool, association, or guaranty fund or insolvency fund.
(D) Full faith and credit. No fund nor board that may be created pursuant to this Section may rely on the full faith and credit of this state for the payment of legal obligations.
(E) State general funds. Any such fund or board created pursuant to this Section shall not be entitled to an appropriation of state general funds without a specific appropriation approved by the legislature.
Art. XII §17 | FREEDOM OF WORSHIP IN CHURCHES OR OTHER PLACES OF WORSHIP
(B) This Section shall not alter or limit Article I, Section 8 of this Constitution in any way. The free exercise of religion guaranteed by Article I, 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.
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