Louisiana Amendment 4, Waiving Water Charges Measure (2022)

Louisiana Amendment 4
Election date November 8, 2022
Topic Water
Status a Approved
Type Constitutional amendment	Origin State legislature

Louisiana Amendment 4, the Waiving Water Charges Measure, was on the ballot in Louisiana as a legislatively referred constitutional amendment on November 8, 2022. The measure was approved.

A "yes" vote supported allowing local governments to waive water charges for customers if water is lost due to water delivery infrastructure damages that were not caused by the customer's actions or the customer's failure to act.

A "no" vote opposed allowing local governments to waive water charges for customers if water is lost due to water delivery infrastructure damages that were not caused by the customer's actions or the customer's failure to act.

Election results

Louisiana Amendment 4
Result		Votes	Percentage
Yes		994,361	74.95%
No		332,306	25.05%

Results are officially certified.

Source

Overview

What did Amendment 4 do?

See also: Ballot language and constitutional changes

Going into the election, the Louisiana Constitution prohibited the state or any local government from "loaning, pledging, or donating its funds, credit, property, or things of value," to any person, association, or corporation; though it provided certain exceptions. The amendment added a new exception to this requirement in order to allow local governments to waive water charges for customers if water is lost due to water delivery infrastructure damages if such damages are not caused by the customer's actions or the customer's failure to act.

The Office of the Legislative Auditor estimated that approximately 600 political subdivisions provide water to customers. The Louisiana Rural Water Association estimated that, under the amendment, each water system could see an approximate annual reduction in revenue ranging from $3,000 to $22,000, dependent on the water system's number of connections, population, rate structure, and water sourcing.

How did this measure get on the ballot?

See also: Path to the ballot

In Louisiana, a two-thirds vote is needed in each chamber of the Louisiana State Legislature to refer a legislatively referred constitutional amendment to the ballot for voter consideration.

This amendment was introduced as House Bill 59 (HB 59) by Rep. Jeremy LaCombe (D) on March 4, 2021. On May 19, 2021, the House passed HB 59 in a vote of 102-0, with one Democratic and three Republican representatives absent. The Senate approved the amendment in a vote of 36-1 with one Democratic member absent. The single no vote came from Democratic Senator Karen Carter.

Text of measure

Ballot title

The ballot question was as follows:

“

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)))

”

Constitutional changes

See also: Article VII, Louisiana Constitution

The measure amended Section 14(B) of Article VII of the state constitution. The following struck-through text was deleted and underlined text was added. Note: Use your mouse to scroll over the text below to see the full text.

Text of Section 14: Donation, Loan, or Pledge of Public Credit (A) Prohibited Uses. Except as otherwise provided by this constitution, the funds, credit, property, or things of value of the state or of any political subdivision shall not be loaned, pledged, or donated to or for any person, association, or corporation, public or private. Except as otherwise provided in this Section, neither the state nor a political subdivision shall subscribe to or purchase the stock of a corporation or association or for any private enterprise. (B) Authorized Uses. Nothing in this Section shall prevent (1) the use of public funds for programs of social welfare for the aid and support of the needy; (2) contributions of public funds to pension and insurance programs for the benefit of public employees; (3) the pledge of public funds, credit, property, or things of value for public purposes with respect to the issuance of bonds or other evidences of indebtedness to meet public obligations as provided by law; (4) the return of property, including mineral rights, to a former owner from whom the property had previously been expropriated, or purchased under threat of expropriation, when the legislature by law declares that the public and necessary purpose which originally supported the expropriation has ceased to exist and orders the return of the property to the former owner under such terms and conditions as specified by the legislature; (5) acquisition of stock by any institution of higher education in exchange for any intellectual property; (6) the donation of abandoned or blighted housing property by the governing authority of a municipality or a parish to a nonprofit organization which is recognized by the Internal Revenue Service as a 501(c)(3) or 501(c)(4) nonprofit organization and which agrees to renovate and maintain such property until conveyance of the property by such organization; (7) the deduction of any tax, interest, penalty, or other charges forming the basis of tax liens on blighted property so that they may be subordinated and waived in favor of any purchaser who is not a member of the immediate family of the blighted property owner or which is not any entity in which the owner has a substantial economic interest, but only in connection with a property renovation plan approved by an administrative hearing officer appointed by the parish or municipal government where the property is located; (8) the deduction of past due taxes, interest, and penalties in favor of an owner of a blighted property, but only when the owner sells the property at less than the appraised value to facilitate the blighted property renovation plan approved by the parish or municipal government and only after the renovation is completed such deduction being canceled, null and void, and to no effect in the event ownership of the property in the future reverts back to the owner or any member of his immediate family; (9) the donation by the state of asphalt which has been removed from state roads and highways to the governing authority of the parish or municipality where the asphalt was removed, or if not needed by such governing authority, then to any other parish or municipal governing authority, but only pursuant to a cooperative endeavor agreement between the state and the governing authority receiving the donated property; (10) the investment in stocks of a portion of the Rockefeller Wildlife Refuge Trust and Protection Fund, created under the provisions of R.S. 56:797, and the Russell Sage or Marsh Island Refuge Fund, created under the provisions of R.S. 56:798, such portion not to exceed thirty-five percent of each fund; (11) the investment in stocks of a portion of the state-funded permanently endowed funds of a public or private college or university, not to exceed thirty-five percent of the public funds endowed; or (12) the investment in equities of a portion of the Medicaid Trust Fund for the Elderly created under the provisions of R.S. 46:2691 et seq., such portion not to exceed thirty-five percent of the fund; (13) the investment of public funds to capitalize a state infrastructure bank to be utilized solely for transportation projects; or (14) pursuant to a written agreement, the donation of the use of public equipment and personnel by a political subdivision upon request to another political subdivision for an activity or function the requesting political subdivision is authorized to exercise.;(15) a political subdivision from waiving charges for water if the charges are the result of water lost due to damage to the water delivery infrastructure and that damage is not the result of any act or failure to act by the customer being charged for the water. (C) Cooperative Endeavors. For a public purpose, the state and its political subdivisions or political corporations may engage in cooperative endeavors with each other, with the United States or its agencies, or with any public or private association, corporation, or individual. (D) Prior Obligations. Funds, credit, property, or things of value of the state or of a political subdivision heretofore loaned, pledged, dedicated, or granted by prior state law or authorized to be loaned, pledged, dedicated, or granted by the prior laws and constitution of this state shall so remain for the full term as provided by the prior laws and constitution and for the full term as provided by any contract, unless the authorization is revoked by law enacted by two-thirds of the elected members of each house of the legislature prior to the vesting of any contractual rights pursuant to this Section. (E) Surplus Property. Nothing in this Section shall prevent the donation or exchange of movable surplus property between or among political subdivisions whose functions include public safety.

Readability score

See also: Ballot measure readability scores, 2022

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 10, and the FRE is 52. The word count for the ballot title is 33.

Support

Supporters

The following legislators sponsored the amendment in the state legislature.

Officials

• State Rep. Jeremy LaCombe (R)

Opposition

Ballotpedia did not identify committees, organizations, or individuals opposing the amendment. If you are aware of any opponents or opposing arguments, please send an email with a link to [email protected].

Campaign finance

See also: Campaign finance requirements for Louisiana ballot measures

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	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$0.00	$0.00	$0.00	$0.00	$0.00
Oppose	$0.00	$0.00	$0.00	$0.00	$0.00

Ballotpedia has not identified political action committees registered to support or oppose this measure. If you are aware of one, please email [email protected].

Background

Constitutional restrictions and exceptions for use of public funds

Section 14 of Article VII of the Louisiana Constitution prohibits the state or any local government from "loaning, pledging, or donating its funds, credit, property, or things of value," to any person, association, or corporation; though it provides certain exceptions. The exceptions allow the state and local governments to use public funds for the following purposes:

• social welfare programs;
• pension and insurance programs for public employees;
• issuing bonds as provided by law;
• returning property or mineral rights to a previous owner after the property was expropriated;
• acquiring stock by a higher education institution in exchange for intellectual property;
• donating abandoned or blighted property to a nonprofit organization for renovation and maintenance;
• waiving any tax, interest, penalty, or other charges on blighted property for a owners who sell their property for less-than-appraised value and for purchasers who plans to renovate the property;
• donating asphalt removed from state highways and roads from the state to local governments;
• investing a portion of the Rockefeller Wildlife Refuge Trust and Protection Fund and the Russell Sage or Marsh Island Refuge Fund in stocks
• investing a portion of permanently endowed college or university funds in stocks;
• investing a portion of the Medicaid Trust Fund for the Elderly in equities;
• investing public funds for a state infrastructure bank to be used for transportation projects; and
• donating or using public equipment or personnel to another political subdivision under a written agreement.

Amendments to Section 14, Article VII

Section 14 of Article VII of the Louisiana Constitution has been amended 12 times since 1983. The most recent amendment was approved by voters in 2018. The amendment allowed political subdivisions of the state, through a written agreement, to exchange public equipment and personnel for an action or function the receiving subdivision is authorized to exercise. Voters approved the amendment by a vote of 56.03% to 43.97%. In 2015, voters approved an amendment to Section 14 that allowed public funds to be invested to establish a state transportation infrastructure bank, a bank owned by the state that offers loans and credit for public and private transportation infrastructure projects.

Constitutional amendments on the ballot, 2000-2020

See also: List of Louisiana ballot measures

The following statistics are based on legislatively referred constitutional amendments on the even-year ballot in Louisiana between 2000 and 2020:

• During the 20-year period between 2000 and 2020, the statewide ballot in Louisiana featured 104 constitutional amendments.
• An average of 10 amendments appeared on the ballot.
• The number of amendments on the ballot ranged from four to 21.
• Voters approved 71.15% (74 of 104) and rejected 28.85% percent (30 of 104) of the constitutional amendments.

Legislatively-referred constitutional amendments in even-years, 2000-2020
Total number	Approved	Percent approved	Defeated	Percent defeated	Even-year average	Even-year median	Even-year minimum	Even-year maximum
104	74	71.15%	30	28.85%	9.45	8.0	4	21

Path to the ballot

See also: Amending the Louisiana Constitution

To put a legislatively referred constitutional amendment before voters, a two-thirds (66.67%) vote is required in both the Louisiana State Senate and the Louisiana House of Representatives.

This amendment was introduced as House Bill 59 (HB 59) on March 4, 2021. On May 19, 2021, the House passed HB 59 in a vote of 102-0, with three members absent. The Senate approved the amendment in a vote of 36-1 with one absent.

Vote in the Louisiana House of Representatives May 19, 2021
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 70  a
	Yes	No	Not voting
Total	102	0	3
Total percent	97.14%	0.00%	2.86%
Democrat	34	0	1
Republican	66	0	2
Independent	2	0	0

Vote in the Louisiana State Senate June 6, 2021
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 26  a
	Yes	No	Not voting
Total	36	1	1
Total percent	94.75%	2.63%	2.63%
Democrat	9	1	1
Republican	27	0	0

How to cast a vote

See also: Voting in Louisiana

Click "Show" to learn more about voter registration, identification requirements, and poll times in Louisiana.

How to cast a vote in Louisiana

Poll times In Louisiana, polls are open from 6:00 a.m. to 8:00 p.m. Central time for Tuesday elections. For Saturday elections, polls open at 7:00 a.m. If the polls close while a voter is in line, he or she will still be permitted to vote. Registration requirements Check your voter registration status here. To vote in Louisiana, one must be a United States citizen who resides in the state and parish in which he or she registers. A voter must be at least 18 years old by Election Day. Registration completed via mail or in person must occur at least 30 days before Election Day. Registration completed online must occur at least 20 days before Election Day. Registrants must present a valid form of identification to register. Pre-registration is available beginning at age 16. Voters may register in person at any Registrar of Voters office or any of the following places: Louisiana Office of Motor Vehicles Louisiana Department of Social Services WIC offices Food stamp offices Medicaid offices Offices and agencies serving people with disabilities Military recruitment offices Automatic registration Louisiana does not practice automatic voter registration. Online registration See also: Online voter registration Louisiana has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registration Louisiana does not allow same-day voter registration. Residency requirements Louisiana law requires 20 days of residency in the state before a person may vote. Verification of citizenship See also: Laws permitting noncitizens to vote in the United States Louisiana does not require proof of citizenship for voter registration. An individual must attest that they are a U.S. citizen when registering to vote. According to the state's voter registration application, a voter who provides false information "may be subject to a fine of not more than $2,000 ($5,000 for subsequent offense) or imprisonment for not more than 2 years (5 years for subsequent offense), or both." All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. As of November 2024, five states — Alabama, Arizona, Georgia, Kansas, and New Hampshire — had passed laws requiring verification of citizenship at the time of voter registration. However, only two of those states' laws were in effect, in Arizona and New Hampshire. In three states — California, Maryland, and Vermont — at least one local jurisdiction allowed noncitizens to vote in some local elections as of November 2024. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters. Verifying your registration The site Geaux Vote, run by the Louisiana Secretary of State office, allows residents to check their voter registration status online. Voter ID requirements Louisiana requires voters to present photo identification while voting. Voters can present the following forms of identification. This list was current as of August 14, 2024. Click here to ensure you have the most current information. Louisiana driver's license Louisiana special identification card LA Wallet digital driver's license Military ID or other generally recognized picture identification card that contains the name and signature of the voter Voters who do not have accepted ID may vote by completing a voter identification affidavit. By law, voters who sign an affidavit may be challenged. Registered voters can bring their voter information card to the Office of Motor Vehicles to receive a free Louisiana special identification card.

See also

2022 measures

• 2022 ballot measures
• Water on the ballot
• 2022 legislative sessions

Louisiana

• Louisiana ballot measures
• Louisiana ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• House Bill 59 (2021)