Monday, November 1, 2010

Guide to Louisiana's 2010 Constitutional Amendments

 by Roman Lewis 

AMENDMENT 1, Delays Legislator Raises -- YES
  • What a YES vote would do:  If approved, any increases in the salaries of statewide elected officials and legislators would not take effect until the beginning of the next term after the increases were approved. 
  • Why it's an issue: This stems from the 2008 effort by lawmakers to increase their salary more than 130%, which after public outcry was vetoed by Bobby Jindal.
  • Lagniappe: This also prevents last-term lawmakers from padding their pension by increasing their salaries without regard to voter fallout.

AMENDMENT 2, Rewards Mineral-rich Parishes -- YES
  • What a YES vote would do:  If approved, mineral-producing parishes would keep more of the severance tax revenue than they currently get from Baton Rouge.  In addition, it would dedicate a portion of severance taxes collected on state lands to the Atchafalaya Basin Conservation Fund.
  • Why it's an issue: Rural parishes want their "fair share" and the basin is our state's greatest natural resource.
  • Lagniappe -- If you support Louisiana getting more offshore royalties from the federal government, you should support this amendment.

AMENDMENT 3, Veterans Homestead Exemption -- NO
  • What a YES vote would do:  If approved, military veterans who have become 100 percent disabled as a result of their active duty can receive an additional $7,500 homestead exemption.
  • Why It's an Issue: Don't really know, as it would affect only 2,000 or so Louisiana veterans. 
  • Lagniappe:  Louisiana has some of the lowest property taxes in the country -- and our school and roads suffer because of it. In addition, state law already allows veterans to freeze their homestead indefinitely if they make less than $60,000 a year. 

AMENDMENT 4, Cap Millage Increases -- NO
  • What a YES vote would do:  If approved, this would cap property tax increases (by non elected taxing authorities) to no more than 2.5 percent over a four-year period. 
  • Why it's an issue:  Proponents want to limit the taxing authority of such boards, and it is an argument that has merit. That being said, the cap is too low and we already have some of the lowest property taxes in the country.  
  •  Lagniappe:  This amendment would not affect fire districts, port commissions and certain levee districts.

AMENDMENT 5, Katrina Homestead Exemptions -- YES
  • What a YES vote would do:  If approved, homeowners unable to reoccupy their homes because of a pending appeal on damage claims would be granted a five to 10 year extension for special assessment levels and homestead exemptions.
  • Why it's an issue:   There are still thousands of families who have not returned to their homes post Katrina.
  • Lagniappe:  This is a very specific tool for a very specific group of people who are still waiting on the appeals process to wind its way through the system. They should not be punished because the government moves so slowly.

AMENDMENT 6, Public Raises Tougher -- YES
  • What a YES vote would do:  If approved, it would take a two thirds vote by legislators to increase retirement benefits for public employees.
  • Why it's an issue:  Public officials too often forget how to say "no" to public employees and this makes that knee-jerk "yes" vote a little harder to get.
  • Lagniappe: this would not affect COLAs, or cost-of-living-adjustments that public retirement systems can already grant without legislative approval. 

AMENDMENT 7, Tax Sale Bidding -- NO (IF YOU DON'T UNDERSTAND IT VOTE 'NO')
  • What a YES vote would do:  If approved, it would simplify tax sale bidding to make it easier for bidders to buy a property outright. It would also allow tax collectors to impose fees and collect penalties on property being auctioned for delinquent taxes.    
  • Why it's an issue:  Proponents rail that currently tax auctions are more about bidders securing "redemption payments" than actually purchasing a property. This is expected to change that to an extent, but even PAR of Louisiana say it is so complex no one really knows what it will do. My rule -- when in doubt, vote NO.
  • Lagniappe:  Check out these two links if you want to learn more about it. The first is an Advocate opinion on Amendment 7, the second is PAR's review of all 10 amendments.

AMENDMENT 8, Broadens Taking Power -- NO
  • What a YES vote would do:  If approved, it would make it easier for the government to take land for public safety reasons (which are unconstitutionally vague already) and it would remove language that requires the government to grant the original owner right-of-first-refusal when it is sold or leased. 
  • Why it's an issue:  The government wants more and more power to expropriate and this is yet another step in that direction.
  • Lagniappe:  Louisiana keeps piling on more and more tools for unfettered taking of land -- but no checks and balances to prevent such land grabs from enriching developers with close ties to those same renegade agencies. My most adamant NO, NO, NO here.  

AMENDMENT 9, Workers Comp Hearings -- PICK 'EM
  • What a YES vote would do:  If approved, this would allow those who lose an appeal before the typical three-judge panel to take it to the full appeals court. This type of hearing is already part of nearly all civil proceedings and should be extended to workers' compensation cases. 
  • Why it's an issue: Proponents say the full court appeal should be standard operating procedure. Opponents say adding another level to the process will bog down and further delay resolution of such cases. 
  • Lagniappe:  Sometimes due process takes longer than you want.
AMENDMENT 10, Jury Trial Waiver -- NO
  • What a YES vote would do: if approved, it would require a defendant to decide whether to have a jury trial 45 days prior to the trial date.
  • Why this is an issue:  Proponents say last-second requests to waive a jury trial or demand one after initially waiving it tie up the system and cost money.
  • Lagniappe:  This addresses a legitimate issue, but is not the solution. When it comes to one's right to a fair trial, always err on the side of the Constitution. 


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