Our Views: Our positions on proposals
 |
| Advocate Columnists |
 |
Print
Email
Save
Reprints
Twitter
Share
Del.icio.us
Digg
Facebook
Reddit
On Nov. 4, Louisiana voters will be asked to decide the fate of seven proposed amendments to the Louisiana Constitution.
Early voting for the Nov. 4 election begins Tuesday and concludes on Oct. 28.
Here are our recommendations concerning the proposed amendments:
Amendment 1: Term limits for members of state boards and commissions No
The amendment would limit to three the number of consecutive terms a person could serve on a number of state boards and commissions. We generally are opposed to term limits in government. We do not see that lack of turnover is usually a problem on the state’s most important boards.
Amendment 2: Time limits for calling special sessions of the Legislature Yes
This amendment is aimed at clarifying language regarding how much notice a governor must give in calling a special session of the Legislature. While the proposed amendment would not clear up all the ambiguities in the law, we believe approving the amendment would help advance adequate public notice for legislative sessions.
Amendment 3: Temporary successors for legislators ordered to active military duty No
Passage of this amendment would allow the Legislature to appoint a temporary successor for any lawmaker called to active military service that prevents performance of duties of the office. While sympathetic to those called to active military duty, we believe the public has a compelling interest to be represented by those whom voters elect, not someone appointed by the Legislature.
Amendment 4: Mineral severance tax allocations to parishes and Atchafalaya Basin Conservation Fund No
The state constitution dedicates 20 percent of severance tax revenue, up to a maximum of $850,000 per year, to the parish in which the production or severance occurs. The $850,000 cap is adjusted annually for inflation. The proposed amendment would raise the cap by $1 million in a single year, skipping an estimated 26 years of inflationary adjustments. This seems excessive, particularly since the affected parishes already receive other revenue from the economic activity associated with severance operations.
Amendment 5: Transfer of special property tax assessment level Yes
The state constitution gives special property tax breaks to homeowners who are senior citizens, permanently and totally disabled, and certain members of the military and their surviving spouses. The proposed amendment would allow these homeowners to keep their tax breaks if they sell or forfeit their homes because of expropriation by state, federal or local authorities. We don’t believe tax breaks such as these should be cemented into the constitution. But this amendment, at the very least, would help advance the fair application of a tax policy voters already have approved.
Amendment 6: Resale of expropriated property Yes
If a public authority expropriates a blighted property to clean it up and remove a threat to public health or safety, the law now requires officials to give the previous owner or his heirs a first crack at repurchasing the property before it can be offered to someone else. The proposed amendment would remove this requirement. Government authorities already must cross a number of hurdles before expropriating blighted property. Requiring government officials to first offer the blighted property back to the previous owners would further slow the redevelopment of blighted properties.
Amendment 7: Investment of nonpension benefit trusts Yes
The state constitution allows certain trusts, such as the Louisiana Education Quality Trust Fund, to invest up to 35 percent of their funds in stocks. Though the stock market has been troubled lately, allowing such trusts to invest a portion of their money in stocks can help them grow more quickly over the long term. This amendment would allow trusts established by state and local governments for their retirees’ health care and other nonpension benefits to invest a portion of the money in stocks. That seems reasonable, although it’s worth noting that no trusts of this kind have been established in the state.
Early voting for the Nov. 4 election begins Tuesday and concludes on Oct. 28.
Here are our recommendations concerning the proposed amendments:
Amendment 1: Term limits for members of state boards and commissions No
The amendment would limit to three the number of consecutive terms a person could serve on a number of state boards and commissions. We generally are opposed to term limits in government. We do not see that lack of turnover is usually a problem on the state’s most important boards.
Amendment 2: Time limits for calling special sessions of the Legislature Yes
This amendment is aimed at clarifying language regarding how much notice a governor must give in calling a special session of the Legislature. While the proposed amendment would not clear up all the ambiguities in the law, we believe approving the amendment would help advance adequate public notice for legislative sessions.
Amendment 3: Temporary successors for legislators ordered to active military duty No
Passage of this amendment would allow the Legislature to appoint a temporary successor for any lawmaker called to active military service that prevents performance of duties of the office. While sympathetic to those called to active military duty, we believe the public has a compelling interest to be represented by those whom voters elect, not someone appointed by the Legislature.
Amendment 4: Mineral severance tax allocations to parishes and Atchafalaya Basin Conservation Fund No
The state constitution dedicates 20 percent of severance tax revenue, up to a maximum of $850,000 per year, to the parish in which the production or severance occurs. The $850,000 cap is adjusted annually for inflation. The proposed amendment would raise the cap by $1 million in a single year, skipping an estimated 26 years of inflationary adjustments. This seems excessive, particularly since the affected parishes already receive other revenue from the economic activity associated with severance operations.
Amendment 5: Transfer of special property tax assessment level Yes
The state constitution gives special property tax breaks to homeowners who are senior citizens, permanently and totally disabled, and certain members of the military and their surviving spouses. The proposed amendment would allow these homeowners to keep their tax breaks if they sell or forfeit their homes because of expropriation by state, federal or local authorities. We don’t believe tax breaks such as these should be cemented into the constitution. But this amendment, at the very least, would help advance the fair application of a tax policy voters already have approved.
Amendment 6: Resale of expropriated property Yes
If a public authority expropriates a blighted property to clean it up and remove a threat to public health or safety, the law now requires officials to give the previous owner or his heirs a first crack at repurchasing the property before it can be offered to someone else. The proposed amendment would remove this requirement. Government authorities already must cross a number of hurdles before expropriating blighted property. Requiring government officials to first offer the blighted property back to the previous owners would further slow the redevelopment of blighted properties.
Amendment 7: Investment of nonpension benefit trusts Yes
The state constitution allows certain trusts, such as the Louisiana Education Quality Trust Fund, to invest up to 35 percent of their funds in stocks. Though the stock market has been troubled lately, allowing such trusts to invest a portion of their money in stocks can help them grow more quickly over the long term. This amendment would allow trusts established by state and local governments for their retirees’ health care and other nonpension benefits to invest a portion of the money in stocks. That seems reasonable, although it’s worth noting that no trusts of this kind have been established in the state.
 | ||||
| Most Popular | Most Emailed | Hot Topics | ||
