Summary of Constitutional Amendments for November 8, 2022, Election

• CA 1 - HB 154 (Zeringue) - Act 130 of 2021 – To limit the amount of certain state funds that
may be invested in equities
Do you support an amendment to increase to 65% the cap on the amount of monies in certain state funds that
may be invested in stocks? (Amends Article 7 VII, Sections 10.1(B), 10.8(B), 10.11(D), and 14(B))
The change would adjust the provisions of the Constitution to allow for up to 65% of the monies in the following
state funds to be invested in stock: La. Education Quality Trust Fund, Millennium Trust, Artificial Reef
Development Fund, Rockefeller Wildlife Refuge Trust and Protection Fund, Russell Sage or Marsh Island Refuge
Fund, and the Lifetime License Endowment Trust Fund.
• CA 2 - HB 599 (Beaullieu) - Act 172 of 2022 – To enact a range of ad valorem property tax
exemptions for veterans with disabilities
Do you support an amendment to expand certain property tax exemptions for property on which the homestead
exemption is claimed for certain veterans with disabilities? (Amends Article VII, Section 21(K))
This replaces the current parish opt-in system with mandatory property tax exemption on a sliding scale for
disabled veterans as follows (in addition to the first $75K homestead exemption; add a “0” to the amounts):
(1) For a veteran with a disability rating of 50% or more but less than 70%, the next $2,500 of the assessed
valuation of the property shall be exempt. Provides that if property eligible for the exemption has an assessed
value in excess of $10,000, ad valorem property taxes shall apply to the assessment in excess of $10,000.
(2) For a veteran with a disability rating of 70% or more but less than 100%, the next $4,500 of the assessed
valuation of the property shall be exempt. Provides that if property eligible for the exemption has an assessed
value in excess of $12,000, ad valorem property taxes shall apply to the assessment in excess of $12,000.
(3) For a veteran with a disability rating of 100% unemployability or totally disabled, the total assessed
valuation of the property shall be exempt.
It shall apply to the surviving spouse of the veteran, even if they predeceased this amendment; the exemption
shall not be treated as taxable property for purposes of any subsequent reappraisals and valuation for millage
adjustment purposes; the decrease in the total amount of ad valorem tax collected by a taxing authority as a result
of the exemption shall be absorbed by the taxing authority and shall not create any additional tax liability for other
taxpayers in the taxing district as a result of any subsequent reappraisal and valuation or millage adjustment; and
implementation of the exemption shall neither trigger nor be cause for a reappraisal of property, or an adjustment
of millages.
• CA 3 - HB 315 (Goudeau) - Act 156 of 2021 – To allow civil service employees to support
the election of family members
Do you support an amendment to allow classified civil service employees to support the election to public office
of members of their own families? (Amends Article X, Sections 9 and 20)
This amounts to a partial repeal of the “Little Hatch Act,” which generally prohibits civil servants from
participating in political activities. The proposed change would authorize people to support the election of an
“immediate family member,” defined as a parent (+step), grandparent (+step), spouse, spouse's parent (+step),
child (+step), child's (+step) spouse, grandchild (+step), grandchild's (+step) spouse, sibling (+step), or sibling’s
(+step) spouse. It further limits “support” to attending events and appearing in campaign advertisements and
photographs, and it specifically excludes civil service employees of registrars of voters and of the Elections
Division of Secretary of State’s Office.
• CA 4 - HB 59 (LaCombe) - Act 155 of 2021 – To enable local governments to waive excessive
water charges caused by damage unattributable to customers
Do you support an amendment to allow local governments to waive water charges that are the result of damage
to the water system not caused by the customer? (Amends Article VII, Section 14(B))
Currently, Article VII, Sec. 14 of the Constitution prohibits a municipality from waiving water utility fees, though
reasonable payment plans are allowed. The AG has opined that local governments do have such authority in cases
of natural disasters, since there is an expectation that the government will receive something of value in exchange
for the waiver: economic recovery, community stability, and the like. This change would expressly empower
municipalities to develop a process and framework to waive excessive water fees created by damage to private
lines that are not the fault of the customer – e.g., natural disasters such as floods, hurricanes, ice storms, etc. This
is completely permissive, and the municipality may establish whatever process it desires, including mandating
proof of the defect and proof that the defect has been remedied.
• CA 5 - SB 154 (Smith) - Act 133 of 2021 – To revise “use it or lose it” millage roll forward
provisions to provide more flexibility for local taxing authorities
Do you support an amendment to allow the levying of a lower millage rate by a local taxing authority while
maintaining the authority's ability to adjust to the current authorized millage rate? (Amends Article VII,
Section 23(C))
Currently, the Constitution authorizes municipalities to “roll forward” their millage rates to the prior year’s
maximum authorized millage rate by 2/3 vote of the council (without voter approval). Because there is essentially
a one-year prescription on the rate, municipalities must choose to either roll forward to that rate (whether they
need the revenue or not) or risk losing access to that rate after one year. This change would provide municipalities
with access to the maximum authorized millage rate until it expires (until reassessment), not just for one year, by
2/3 vote of the council, allowing them to tax conservatively when a roll forward is not needed. All other provisions
regarding voter approval for higher millages, open meetings, and notices remain the same.
• CA 6 - HB 143 (Willard) - Act 129 of 2021 – To limit the increase in the assessed value of
property in Orleans Parish following reassessment for ad valorem property taxes
Do you support an amendment to limit the amount of an increase in the assessed value of residential property
subject to the homestead exemption in Orleans Parish following reappraisal at ten percent of the property's
assessed value in the previous year? (Amends Article VII, Section 18(F)(2)(a) (introductory paragraph) and Adds
Article VII, Section 18(F)(3))
Currently, the Constitution requires a 4-year phase-in of increases in the assessed value of residential property
(subject to homestead exemption) if the new assessed value increases by greater than 50% of the previous year’s
assessment. This change would lower that threshold, in Orleans Parish only, to 10% of the previous year’s
assessment. The decrease in the total amount of ad valorem tax collected by Orleans Parish because of the 10%
cap shall be absorbed by the parish and shall not create any additional tax liability for other parish taxpayers;
implementation of the exemption shall neither trigger nor be cause for a reappraisal of property, or an adjustment
of millages; the limit does NOT apply if the property is sold (the first property tax bill following the sale will be
for the full assessed value); and the limit does NOT apply if the increased value is due to construction or
improvements on the property.
• CA 7 - HB 298 (Jordan) - Act 246 of 2022 – Attempts to prohibit slavery in Louisiana
Do you support an amendment to prohibit the use of involuntary servitude except as it applies to the otherwise
lawful administration of criminal justice? (Amends Article I, Section 3)
The Constitution currently prohibits slavery and involuntary servitude but allows involuntary servitude when used
as “punishment for a crime.” The author attempted to prohibit slavery and involuntary servitude, but inadvertently
worded the CA such that BOTH slavery and involuntary servitude may be implemented in the course of “lawful
administration of criminal justice,” actually expanding the possibility of both occurring. With the US Constitution
preempting any unlawful actions along these lines, this is largely an academic study in drafting legislation, but
Jordan himself is now asking that people do not support his amendment.
• CA 8 - HB 395 (Willard) - Act 171 of 2022 – To remove the annual income certification
requirement for special property tax assessment eligibility for those totally disabled
Do you support an amendment to remove the requirement that homeowners who are permanently totally
disabled must annually re-certify their income to keep their special assessment level on their residences for
property tax purposes? (Amends Article VII, Section 18(G)(1)(a)(iv))
The Constitution currently grants special assessment (i.e., locks in the assessment to the year of eligibility) for
those 65+; those with service-connected disability of 50%+; military personnel who are KIA, MIA, or POWs for
90+ days; and those determined by state or federal agency(ies) to be permanently and totally disabled. Those
persons are not eligible to have their assessment rate locked in if they have annual income of $100K+ (including
spousal income, adjusted for CPI). The Constitution requires that all persons seeking continued special assessment
each year – except for those 65+ - must annually certify that their income does not exceed the cap. This change
would remove the annual income certification requirement for those permanently and totally disabled, as well as
clarify the provisions relating to surviving spouses (corrects cross-reference).
Summary of Constitutional Amendments
for December 10, 2022, Election
• CA 1 - HB 178 (Villio) - Act 279 of 2022 – To limit the right to vote to U.S. citizens
Do you support an amendment to provide that no person who is not a citizen of the United States shall be
allowed to register and vote in this state? (Amends Article I, Section 10)
Currently, the Constitution allows anyone 18+ who is a citizen of the state to vote. This change would add that
the person must also be a citizen of the U.S. and would prohibit anyone who is not a citizen of the U.S. from
registering to vote or voting in Louisiana.
• CA 2 - SB 160 (Fields) - Act 281 of 2022 – To make State Civil Service Commission
gubernatorial appointments subject to Senate confirmation
Do you support an amendment to make appointed members of the State Civil Service Commission subject to
confirmation by the Louisiana Senate? (Amends Article X, Section 3(B)(1) and (C))
Currently, the members of the State Civil Service Commission are appointed by the Governor. This change would
add that those appointments must be confirmed by the Senate but provides no time frame or process for the same.
While La. R.S. 24:14 does provide a timeline and consequences of inaction during the next regular legislative
session, it also excludes appointments made pursuant to Art. 10, Sec. 3 of the Constitution, so it is open-ended.
• CA 3 - SB 75 (Fields) - Act 280 of 2022 – To make State Police Commission gubernatorial
appointments subject to Senate confirmation
Do you support an amendment to make appointed members of the State Police Commission subject to
confirmation by the Louisiana Senate? (Amends Article X, Section 43(C))
Currently, members of the State Police Commission are appointed by the Governor. This change would add that
those appointments must be confirmed by the Senate but provides no time frame or process for the same. While
La. R.S. 24:14 does provide a timeline and consequences of inaction during the next regular legislative session,
it also excludes appointments made pursuant to Art. 10, Sec. 43 of the Constitution, so it is open-ended