Monday, November 04, 2024

Nov 5, 2024 Constitutional Amendment

 

Source: Public Domain

I'm writing this on the eve of the 2024 Election day, in which the United States will be electing the following across the nation:
  • 1 President/Vice President
  • 34 US Senators
  • 435 US Representatives
  • 11 Governors
  • 9 Lt. Governors
  • 7 Secretaries of State
  • 10 Attorneys General
  • 85 State Legislatures across 44 states
  • 304 Local and State Judicial seats
  • 147 Ballot Initiatives across 41 states
    (SOURCE: Ballotpedia)
There's a LOT of important things on the ballot on Tuesday, including one Constitutional Amendment in Louisiana that will be on ballots across the state. Over the years I have attempted to provide a layman's guide to the amendments, because they can be difficult to understand, since they are written by lawyers to be factual, precise, and enforceable. Unfortunately, sometimes that means that us NON-lawyers aren't sure what a yes and a no means when we vote for them. That's where this little guide comes in.

I'll tell you up front that I base a lot of my research on the excellent "PAR Guide to the 2024 Constitutional Amendments" put out by the non-partisan Public Affairs Research organization, an independent nonprofit research organization. But I also have spoken with  such experts as John Sabo, an expert in Coastal Erosion, and David Carmadelle, the Mayor of Grand Isle, LA for almost 30 years, who has been very effective in protecting that unique barrier island from washing away into the sea.

After reading all the material I could find and talking with the experts, I still don't have a recommendation to make for you. However, I'm going to try to explain it as best as I can, so I'll start with just quoting what will be on the ballot:
  • Constitutional Amendment 1:  "Do you support an amendment to require that federal revenues received by the state generated from Outer Continental Shelf alternative or renewable energy production be deposited into the Coastal Protection and Restoration Fund?"
So what does that mean? First a little history. Most folks understand that Louisiana is loosing its coast at an alarming rate. Since the 1930's, Louisiana has lost almost 2,000 square miles of land, and is expected to lose another 3,000 square miles over the next 50 years. (Source) One reason is the levees that were built to prevent the Mississippi River from flooding neighboring communities is no longer allowed to spread through the delta, distributing silt and replenishing the marshes and swamps. Another reason is the man-made canals and dredging that crisscrosses the swamps, making them vulnerable to erosion. All of this contributes to increased flooding, greater damage from hurricanes, loss of habitat for millions of migratory birds and wildlife, and an impact on ports and water commerce creating an additional economic strain on Louisiana.

Thankfully a lot of work has been done in the past decade to mitigate the damage. The majority of the funding has come from a settlement with BP after the Deepwater Horizon oil spill in 2010. Louisiana received billions of dollars to use in restoration and improvement projects across the coast. However, that money is running out. Which leads to this constitutional amendment.

Technology has identified the Outer Continental Shelf as having great potential for renewable energy production, including solar, wind, tidal, wave, and geothermal energy. Companies that gain the valuable contracts will be paying new taxes to both the Federal government and the states that border the Gulf of Mexico. This constitutional amendment directs how that money would be spent in Louisiana. And here's how your vote would affect that money:

  • A vote FOR the amendment would mean that the new revenues from these alternative energy technologies (think offshore windmills, etc) could ONLY be used for coast restoration.
  • A vote AGAINST the amendment would mean that the new revenues would go into the General Fund and be used however the Legislature sees fit.
There are two schools of thought. 
  • One says that we already restrict the Legislature too much when it comes to spending and the only things they can cut in times of economic downturn are healthcare and education. Those who feel this way would vote AGAINST the amendment.
  • The other school of thought is that coastal erosion is such an important issue, and the BP money is about to run out, so this is an opportunity to capture a NEW source of revenue and dedicate it to coastal restoration. Those who feel this way would vote FOR the amendment.

I know that's a lot of words and a very long explanation. But it's necessary to explain the backstory so that you'll know what you're voting for. This is one of those years where I'm not making a recommendation. I could probably argue for both sides of the issue because I believe there is validity to both sides. Hopefully my explanation does not reveal my perspective and only informs your decision, based on your perspective, or school of thought. But whichever way you choose to vote - please VOTE!!!


You can get details on all the items that will be on your ballot at the LA Secretary of State's website or by going to http://GeauxVote.com

Thursday, November 02, 2023

Nov 18 Constitutional Amendments

Source: Public Domain

Election day is soon approaching and with it comes another round of proposed Amendments to the Louisiana Constitution. We voted on four back on October 14 (all of which were passed), and there will be another four on the November 18 ballot (along with a few remaining statewide runoffs (Secretary of State, Attorney General, and Treasurer), and a Rapides Parish 20-year tax proposal to support the Renaissance Home. You can get details on your ballot at the Secretary of State's website or by going to http://GeauxVote.com

 For the past several years I have sought to provide a layman's guide to the amendments because they are (rightfully so) written in legalize in order to be factual, precise, and enforceable. Unfortunately, that means that sometimes they are not easily understood!

To guide my research I read as much as I can about the amendments as well as take in PAR's excellent guide to the amendments. However, as hard as they work to boil the language down to understandable terms, this year's guide is still 17 pages long! (Granted, that includes covering the four on the Oct 14 ballot and the four on the Nov 18 ballot.) My goal is to summarize each amendment in one or two paragraphs. So let's dive right in!
  • Constitutional Amendment 1 would allow lawmakers to try to override a governor's veto without calling a separate session if they are already in a legislative session. In the past few years the Legislature has often called special sessions immediately after regular sessions to deal with pressing issues. This has caused some confusion as to the time limit requirements of veto sessions, so this amendment would clarify the language, especially dealing with special sessions. (I'm voting YES because I think the rules need to be clarified regarding special sessions.)

  • Constitutional Amendment 2 would remove six inactive funds with zero or near-zero balances from the Constitution. These six funds are not being used and no longer fulfill their original purpose. Five of the funds have $0 in them and the sixth has $604 and hasn't had a deposit in over 20 years. (The $604 would be transferred to the general fund.) (I'm voting YES because I think it helps streamline the Constitution by removing these no-longer-used funds.)

  • Constitutional Amendment 3 would allow property tax exemptions for First Responders. Most property owners receive a $75,000 property tax exemption for the home they live in, and some other specific exemptions are allowed (such as homeowners with disabilities, some military veterans, and homeowners of certain income levels who are 65 and older.) This amendment would allow parish governing authorities to approve an additional $25,000 exemption to qualified first responders who live in the parish in an effort to help recruit and retain first responders. I'm very conflicted about this because while I fully support first responders, this has the potential for confusion and abuse. And currently there is not an understanding of the financial impact so I'm withholding my recommendation until I can research it more fully.

  • Constitutional Amendment 4 would tighten the rules on how money from the Revenue Stabilization Trust Fund could be used by the Legislature. Currently funds can be accessed by a vote of 2/3 of the legislature for undefined "emergencies". The proposed changes would make it harder to access these funds by defining which "emergencies" it can be used for and limiting it to a certain amount of usage, only after the states separate "rainy day fund" was accessed. I'm leaning towards a YES vote, but I'm still researching the potential impact of this amendment and am withholding my recommendation until I gain some additional perspective.
Well, there you have it, a brief look at the four amendments coming up on the Nov 18 ballot. I will try to update this post later after I've had more time to take a closer look at 3 and 4. But I wanted to share this now since early voting starts Nov 3 and runs through on Veteran's Day, Nov 11 (excluding Sunday, Nov 5 and Veteran's Day holiday on Nov 10). I'd love to hear your thoughts on the constitutional amendments. Who knows, maybe you'll change my mind! But regardless of whether you agree with me or not, I hope everyone will educate themselves on the amendments and geaux vote!!!

Monday, October 02, 2023

October 14, 2023 Constitutional Amendments


Source: Public Domain


It's election season again! Louisianians will be headed to the polls Oct 14 to vote for a new Governor, Lt Governor, Secretary of State, Attorney General, Treasurer, Commissioner of Agriculture and Forestry as well as Commissioner of Insurance! Plus there are seats on the Board of Elementary and Secondary Education (BESE Board), a few judges, and many state Senators and Representatives. Rapides Parish will also be voting for Sheriff, Clerk of Court, Tax Assessor, and several Policy Jury seats. You can find out what's on YOUR ballot at the Secretary of State's website or by going to GeauxVote.com.


Along with all those important statewide and local races there are four constitutional amendments. For the past several years I have sought to provide a layman's guide to the amendments because they are (rightfully so) written in legalize in order to be factual, precise, and enforceable. Unfortunately, that means that sometimes they are not easily understood!

To guide my research I read as much as I can about the amendments as well as take in PAR's excellent guide to the amendments. However, as hard as they work to boil the language down to understandable terms, this year's guide is still 17 pages long! (Granted, that includes covering the four on the Oct 14 ballot and the four on the Nov 18 ballot.) My goal is to summarize each amendment in one or two paragraphs. So let's dive right in.
  • Constitutional Amendment 1 would prohibit the use of private funds to pay for elections in Louisiana. This came out of the COVID-19 pandemic era when elections were more expensive because of the need for protective equipment, expanded hours, and increased use of absentee ballots. A nonprofit funded by Facebook offered to help pay for the elections. But since Louisiana law is silent as to whether this is allowable or not, the Attorney General recommended that no private funds be used in public elections and to allow the legislature to address the issue. The legislature has twice passed legislation outlawing the practice and both times Governor Edwards has vetoed it. So the legislature has proposed a Constitutional Amendment to allow the people to speak to the issue. (I'm voting YES because I think private funding could skew the results by pouring more money into certain areas that might vote a certain way.)

  • Constitutional Amendment 2 would add additional levels of protection to the constitutionally protected freedom of religion. This also comes out of the COVID-19 pandemic era when Governor Edwards shut down churches while allowing many businesses to remain open. One pastor was repeatedly arrested for violating the restrictions and his case went to the Louisiana Supreme Court where charges were dismissed on a 5-2 vote. Some say we don't need this additional protection while others point to the fact that it took a Supreme Court decision (that actually was split) to preserve religious rights, so this amendment is needed. (I'm voting YES because I think I believe freedom of religion needs the greatest protections available.)

  • Constitutional Amendment 3 would require that 25% of any state surplus be used to pay down the retirement debt (or "unfunded accrued liability") for the four state retirement systems. Currently the state is required to pay 10% of surpluses to TWO of the four systems, but that requirement expires in 2029. Those against the amendment say the state has too many other priorities, such as unfunded bridge and road construction, water system repairs and other infrastructure issues and this would limit surplus monies from being used for those important projects. (I'm voting YES because paying down this liability in the short-term will free up money in the long term and make our state more financially sound.)

  • Constitutional Amendment 4 would allow local governments to revoke property tax exemptions from non-profits that lease housing and have repeated public health or safety violations. Many non-profits, such as churches, hospitals, cemeteries, etc, receive property tax exemptions because of the benefit they provide to society, including some non-profits that provide rental housing for low-income families. However, some of them have allowed their properties to fall into disrepair and actually become a danger to the residents and the public. This amendment would allow local governments to rescind the property tax exemption on a non-profit owned entity that leases their property for housing if there have been three or more safety code violations in the last 12 months for specific health and safety issues. Their tax exemption can be restored if the health and safety violations have been fixed.  (I'm voting YES because this could help eliminate "slum lord" conditions by non-profits who take the money but don't provide for the safety and welfare of the residents they are supposed to be serving.)
Well, there you have it, a brief look at the four amendments coming up on the Oct 14 ballot. As I write this, early voting has already begun and will continue through Saturday, Oct 7. I'd love to hear your thoughts on the constitutional amendments. Who knows, maybe you'll change my mind! But regardless of whether you agree with me or not, I hope everyone will educate themselves on the amendments and geaux vote!!!

Wednesday, November 16, 2022

December 10, 2022 Constitutional Amendments Overview

Source: Public Domain

There's another election right around the corner and this time there are 3 Constitutional Amendments on the ballot for Louisiana voters. Each time this happens I try to provide a "plain English" explanation of the amendments because they are often written in "legalize" which essentially means they are written by lawyers, for lawyers. I'm not knocking that because it's very important for the language to be correct. But sometimes it makes them difficult to understand by the layperson.

Thankfully that is not the case with the three amendments before us on the December 10, 2022 ballot. They really are fairly easy to understand. What's harder to understand is the motive behind the amendments! There's always a backstory, which is also important to understanding the amendments and why you should vote for or against them. So here's my best attempt at explaining the amendments and why you might vote for or against them:

  • Constitutional Amendment 1 would ban people who are not US citizens from registering to vote or casting ballots in Louisiana elections. While that seems to be a good idea, the LA Constitution already requires a person to be at least 18 years old and a citizen of Louisiana in order to register to vote and to cast a ballot. Plus, the election code requires people applying to register to vote to attest they are US citizens. So this really seems to be a redundancy. Apparently this is a knee-jerk reaction to the fact the some municipalities in other states have allowed non-US citizens to vote in local elections. But that loophole does not exist in LA as municipalities do not have the legal authority to change the rules to allow non-citizens to vote. (I'm voting NO because I believe this is a needless change that only seeks to stir up emotions and gain political points.)

  • Constitutional Amendment 2 would require that the governor's appointees to the State Civil Service Commission be confirmed by the LA Senate. Backstory: 6 of the 7 members of the State Civil Service Commission are appointed by the Governor. (The 7th is elected by the states classified employees themselves.) The governor receives 3 recommendations from six different private universities (including Louisiana Christian University). He then selects one from each region of the state, making sure there is at least one representative from each of the 6 congressional districts. This amendment would require that his appointees go through a Senate confirmation process, which would slow down the process and introduce politics into what should be an apolitical process. (I'm voting NO because I think this just gums up the works.)

  • Constitutional Amendment 3 would require that the governor's appointees to the State Police Commission be confirmed by the LA Senate. Pretty much the same backstory as the previous amendment with recommendations coming from six private universities, including LCU, and the 7th being elected by the classified state police officers. I find it interesting that both of these amendments seek to limit the governor's discretion so it makes me wonder if these two are more about disagreements between the current legislature and governor than about policy. I trust the presidents of the various universities (Centenary, Dillard, LCU, Loyola, Tulane, and Xavier) to put forth good candidates that are above reproach, and I don't think we need to insert additional politics into the process. (I'm voting NO because I think this just gums up the works.)
Well, there you have it! I don't expect you to agree with me on everything. I've often found that the elections often don't go the way of my recommendations - and I'm ok with that! My goal is to try to explain things as simply as I can in hopes that folks will at least be more informed on the amendments and not skip over them. I HIGHLY recommend the PAR Louisiana guide to the amendments which gives a wonderfully balanced approach to explaining them (although they use a lot more words than I do! LOL!).

Don't forget there are several other very important runoff elections on the ballot, including:
  • Alexandria City Council, District 2: Gary Johnson or Roosevelt Johnson
  • School Board District G: Keith Breazeale or Wally Fall
  • Forest Hill Chief of Police: Glynn Dixon or Jay Molinary
  • Lecompte Alderman: Top 2 among Alex Baker, Michael Busch, Butch Butler and Nancy Phillips
Early voting is Nov 26-Dec 3 (excluding Sunday, Nov 27) from 8:30AM-6PM and the deadline to request an absentee ballot is Dec 6 from Louisiana's Voter Portal or your Registrar of Voters Office. (Absentee ballots must be received by 4:30PM on Dec 9 and election day is Dec 10 from 7AM-8PM. Don't forget to VOTE!!!

Monday, October 24, 2022

Nov 8, 2022 Constitutional Amendments Overview

  

Source: Public Domain

I've become a rather irregular blogger, apparently. Over the past 3-4 years I've only been posting my thoughts on the Louisiana Constitutional Amendments that appear on our ballots each year. I do not claim to be an expert on the amendments at all. I simply read the various resources available and try to make an informed decision. And since I am both a pastor and an elected official, I often get asked to share my perspective - and thus this blog post. (BTW, it's ok to disagree with me. I disagree with myself sometimes! LOL!)

This year there are ELEVEN proposed amendments to the Louisiana Constitution, eight on the November ballot and three on the December runoff ballot. And, as usual, they can be a bit cumbersome. Below I am providing a very brief overview of the eight that will appear on the November 8 ballot, along with my personal recommendation. Early voting runs Oct 25-Nov 1 from 8:30AM-6:00PM daily, excluding Sunday, at the Rapides Parish Courthouse or at Kees Park Community Center in Pineville.

By the way, I get most of my information from the excellent non-partisan 21-page guide put out by the Public Affairs Research Council of Louisiana, which goes into great lengths to explain each one and give the pros and cons for each one without taking a side. I also draw on the 12-page guide from the Council for A Better Louisiana (CABL) which does offer their recommendations. Based on that research, here's my brief take on the 8 constitutional amendments that will appear on our ballot on Tuesday, Nov 8, 2022, (and I'll provide a later post on the 3 constitutional amendments that will appear on the Dec 10, 2022):

  • Constitutional Amendment 1 would allow seven different state-controlled trust funds to invest up to 65% of their funds in the stock market. Currently these 7 funds have different caps, from 0% to 35% (or 50% with 2/3 vote from lawmakers) and are largely limited to investing in low-earning instruments like government bonds, CDs, etc. (I'm voting YES because these long term trust funds need long term tools to ensure they keep up with inflation.)

  • Constitutional Amendment 2 would increase the local property tax exemption for veterans with a service-connected disability greater than 50% as verified by the VA. Currently local parishes can call for a vote to double the exemption from $75,000 to $150,000. This amendment does not call for a local vote and would give 100% exemption for 100% service-connected disabilities, $120,000 exemption for 70-99% service-connected disabilities, and $100,000 exemption for 50-69% service connected disabilities. (I'm voting YES because the sacrifices of our men and women disabled in the service of our country should be recognized and rewarded.)

  • Constitutional Amendment 3 would allow civil service employees to support political campaigns of immediate family members. Currently civil service (classified) employees are prohibited from almost all involvement in the political process, primarily based on Louisiana's sordid past of political corruption. (I'm voting NO because the definition of "immediate family member" is too broad (21 different classifications) and this could erode the public's trust in the political system. It is also opposed by most civil service organizations.)

  • Constitutional Amendment 4 would allow local water systems to waive charges for excess water use not caused by the customer. Currently the state constitution says that if the water went through the meter the customer must pay for it (outside of specific circumstances). This amendment would allow local water systems to waive the excess fees if the usage was caused by damage to the water lines outside the control of the customer - for example, flooding, ice storms, etc. (I'm voting YES because it is unfair to force a customer to pay for something outside of his/her control.)

  • Constitutional Amendment 5 would allow local taxing districts more time to decide whether to "roll forward" millages (property taxes) after assessment years. Property values must be reassessed at least every 4 years by the local tax assessor. When the district-wide assessment increases property values local governments either adjust their taxes down to generate the same revenue as previously or "roll forward" the millage to generate more revenue. (I'm voting YES because this is the only way local governments can keep up with inflation Otherwise new taxes would need to be enacted.)

  • Constitutional Amendment 6 would limit increases in property taxes to no more than 10% per year in Orleans Parish. Property values in Orleans Parish have been soaring, sometimes over 50% in the post-Katrina build-back. This has created a burden on taxpayers who have seen their property taxes increase correspondingly. This amendment would phase in property tax increases to no more than 10% per year. Although the situation appears to be unique to Orleans Parish due to post-Katrina issues, because it is a property tax issue, it has to be addressed through the constitution. (I'm voting YES because this is a reasonable approach to a unique situation.)

  • Constitutional Amendment 7 places limits on the definition of "involuntary servitude."  Currently the LA Constitution states that "slavery and involuntary servitude are prohibited, except in the latter case as a punishment for a crime." The new language reads “Slavery and involuntary servitude are prohibited, (but this) does not apply to the otherwise lawful administration of criminal justice.” While the wording seems similar, the author of the amendment says the wording was changed after he introduced it and now is overly ambiguous and he now opposes passage of it. (I'm voting NO because the author himself opposes it.)

  • Constitutional Amendment 8 would remove the requirement that those receiving a freeze on their property tax assessments have to annually recertify their income status. Individuals with 100% disabilities who also have an annual tax income of under $100,000 can have their property taxes "frozen" at the current levels, provide that they provide an annual recertification of their income. This amendment would make their frozen property tax assessment permanently without any recertification of income.  (I'm voting NO because the steps to receive this benefit are not overly onerous and provide for checks and balances in the property tax system.)
Well, there you have it! Whether you agree with me or not, hopefully my explanation helps you understand the four amendments you'll be asked to vote on this weekend. By the way, there are quite a few other races on the ballot, including US Senate, US House and Public Service Commission, plus a whole host of local races in Rapides Parish (Police Jury and School Board), plus Alexandria, Ball, Boyce, Forest Hill, Glenmora, Lecompte, McNary, and Woodworth.  You can find your sample ballot by going to the GeauxVote website.

I hope this is helpful! I would love to hear your thoughts on the amendments, even if you disagree with me! And whether we agree or not, don't forget to vote!!!

Thursday, November 11, 2021

2021 Constitutional Amendments Summary

 

Source: Public Domain

Readers of this blog pretty much know that I am both a pastor and an elected official. I've explained my view on wearing the distinct hats of "politics and religion" in a previous blog post so I'm not going to rehash that here. But because of the uniqueness of those dual roles I'm often asked for my thoughts about elections. I no longer give out recommendations on individual candidates, but many still ask me what I think about the constitutional amendments in Louisiana - whether they agree with me or not! 😂

This year there are four proposed amendments to the Louisiana Constitution and, as usual, they can be a bit cumbersome. I'm planning on voting "yes" on 3 of the 4 and I'll explain why below. By the way, I get most of my information from the excellent non-partisan guide put out by the Public Affairs Research Council of Louisiana, which goes into great lengths to explain each one and give the pros and cons for each one. With thanks to their 14-page guide, here's my brief take on the 4 constitutional amendments that will appear on our ballot on Saturday, Nov 13, 2021:

  • Constitutional Amendment 1 would create a streamlined sales tax collection system in the state of Louisiana for collecting sales taxes on items purchased on the Internet. Many times internet vendors charge sales taxes but may not remit them back to the state because we have dozens and dozens of different sales tax collection agencies spread across our 64 parishes. Please note that this amendment has nothing to do with our tax rates - they do not change! This simply makes it easier for out-of-state companies to accurately return the sales taxes to the state and local governments (municipalities, police juries, school boards, etc) that they are already collecting by providing them with a "one-stop-shop" way to pay those sales taxes. (I'm voting YES because our state and local governments need this lost revenue to avoid raising taxes in the future.)

  • Constitutional Amendment 2 would lower income tax rates in Louisiana in exchange for eliminating the deduction for federal income tax payments, a requirement that only one other state in the US has. This would lower the maximum income tax rate in Louisiana from 6% to 4.25%, with other tiers lowering as well. In addition, corporate income taxes are reduced across the board, and the "franchise tax" (on retained earnings and investment capital) is significantly reduced or eliminated (in many cases). One reason for this is that whenever the federal government changes its deductions it has an effect on state income. This would make revenue more predictable while lowering the taxes for most folks and make them simpler for everyone. (I'm voting YES because our tax code needs to be simplified and made more fair across the board. This is a good first step in tax reform.)

  • Constitutional Amendment 3 would allow levee districts created since 2006 to raise up to a 5-mill property tax without voter approval. (Districts created prior to 2006 already have this authorization, but the law was changed in 2006 preventing taxing being levied without a vote of the people.)  While flood control is a critical issue in Louisiana, giving any governmental authority the ability to raise taxes without the consent of those taxed is bad public policy, in my opinion. If I recall correctly we fought a war over "taxation without representation" a couple of hundred years ago! (I'm voting NO because I think people should always have the right to vote on any tax that is assessed.)

  • Constitutional Amendment 4 would allow the state to transfer a small amount of money from dedicated funds to fix a shortfall in the state budget. Currently in times of financial crisis the State of LA can only make unrestricted cuts to the general fund, which is why we've seen such drastic cuts in education and healthcare in the last decade. All other "dedicated funds" are protected and can only be cut by 5%, even in times of severe financial shortfall. This amendment would allow the legislature to cut dedicated funds by an additional 5% (for a total of up to 10%) to solve budget problems during periods of financial downturn. Th fact that there are literally dozens, if not hundreds, of constitutionally protected funds essentially ties the hands of the legislature when cuts are needed. This would allow cuts to be spread across all of government rather than just healthcare and higher education. (I'm voting YES because we can't afford to keep cutting healthcare and higher education in times of financial hardship - all of government should be able to share the load together.)
Well, there you have it! Whether you agree with me or not, hopefully my explanation helps you understand the four amendments you'll be asked to vote on this weekend. By the way, there are a few special elections in the area to fill vacant seats, such Rapides Parish Police Jury District I, vacated by the death of Scott Perry and Alexandria City Council District 4, vacated by the retirement of 99-year-old Harry Silver. If you live in those districts you'll be given the opportunity to select who will serve out those unfulfilled terms. You can find your sample ballot by going to the GeauxVote website.

I hope this is helpful! I would love to hear your thoughts on the amendments, even if you disagree with me! And whether we agree or not, don't forget to vote on Saturday!!!

Friday, October 16, 2020

2020 Constitutional Amendment Thoughts


Source: Public Domain
Because I'm a pastor AND an elected official I’m often asked for my take on elections. I used to give recommendation on candidates but several years ago I stopped doing that. Partly because I often know many of the candidates personally and also because I have friends that support opposing candidates - both of which can create tension! I'm grateful to know that so many good people seek to serve others through political service and I honor them all. So in the last few years I’ve limited my postings to discussing the Constitutional Amendments, mainly because they are often hard to understand.

This year there are seven proposed constitutional amendments to the Louisiana Constitution, and once again some of them are hard to understand. (Except for number 1 - that one's VERY easy to understand!) I'm planning to vote "Yes" on 6 of the 7. I'm voting "No" on number 6 and on the "sports betting" (i.e., gambling) proposition. Below I'm going to briefly discuss each of these based on my research, which includes the excellent non-partisan guide put out by the Public Affairs Research Council of Louisiana, and I'll share my reasons for why I'm voting yes or no. So here is my take on the 7 amendments, plus a proposition that will be on every ballot across the state this fall:
  • Constitutional Amendment 1 would declare that nothing in the Louisiana Constitution protects the right to abortion. Louisiana already has laws in place that would ban abortion if Roe v. Wade were overturned by the U.S. Supreme Court. However, the Louisiana Constitution has no language that specifically mentions abortion. Some feel that Louisiana’s constitutional rights to privacy or due process may be interpreted by state courts to allow abortion. This amendment seeks to place clear and specific language in the LA Constitution that would prohibit abortion in Louisiana. (I'm voting YES! because I believe strongly that there should be no provision for abortion in the Louisiana Constitution.)

  • Constitutional Amendment 2 changes the way that oil and gas wells are assessed for property taxes. Currently the production of a well is not taken into account when property taxes are assessed and has caused disagreement between producers and assessors as to how to properly assess these wells for property tax purposes. This amendment authorizes the LA Tax Commission to create rules for how the gas and oil well’s production would be included into a method used by local assessors. Interestingly, both producers and assessors have backed this bill as a more fair way of assessing these properties. (I'm voting YES because I believe this is a fairer way to assess property taxes - especially since both sides affected by this agree on it!)

  • Constitutional Amendment 3 allows the state’s Budget Stabilization Fund to be used when there is a federally declared disaster, as opposed to only when there are revenue shortfalls. The “Rainy Day Fund” is a financial cushion the state can use when revenues fall below forecasts that were used to set the budget. This amendment would allow the state to tap into the “Rainy Day Fund” to front the costs associated with a federally declared disaster, with the understanding that those funds would be reimbursed from federal emergency relief funds that typically come into the state some period of time after a disaster. Some feel this amendment passed out of committees without a full vetting due to Covid-19 restrictions on meetings and should go through a fuller review process and are concerned that the “payback” provisions may not have enough teeth. (I'm voting YES because I know the financial burden of placed on governmental bodies to have to "front" the money that will eventually be reimbursed.)

  • Constitutional Amendment 4 establishes a new, more conservative, budget spending limit. The current limit has an upper limit of 5% and is based on changes in the average personal income in Louisiana. The new limit adds three more factors which would seemingly restrict the fluctuations in a single factor limit and create a limit that doesn’t fluctuate as much, making budgeting more consistent. Opponents feel it would constrain government too much, but fiscal conservatives have promoted this as a way to rein in state spending. (I'm voting YES because this will give forecasters more tools to make realistic budget projections.)

  • Constitutional Amendment 5 creates a new economic development tool called “PILOTs” (Payment in Lieu of Taxes) which are used by many other states to attract new developments. This allows for public/private partnerships in economic development where the governmental entity becomes the owner of the property and leases it to the private sector, which makes the property exempt from property taxes. The business then makes scheduled payments back to  the local government bodies in place of property taxes. While it may not generate as much income to the local governments the money is bondable and it’s often viewed as being better for local governments than the 10-year ITEP exemption which is one of the only economic development tools available. Those who support this say it would both attract new businesses and allow existing major industrial sites to expand capacity or add equipment. Those opposed typically point to tax breaks being given to businesses which then shifts the tax burden to others. These agreements must be approved by the local taxing authority (school district, parish, municipality, etc) which provides for local input and control over the process. (I'm voting YES because I believe we need more economic development tools to attract manufacturers to Louisiana. And the jobs created by these new businesses or expansions of existing businesses offset the negatives, in my opinion.)

  • Constitutional Amendment 6 allows homeowners with higher incomes to qualify for the existing property tax assessment freeze that is currently available to homeowners with lower incomes. Currently homeowners with incomes of $77,030 or less can request that the assessment of their primary residence be “frozen” and not be raised during reassessment years. This amendment raises the threshold to $100,000 and would be adjusted each year for inflation beginning in 2026. Proponents argue that this would make Louisiana more attractive to retirees. Detractors argue that since the median household income for those aged 65-74 is $52,465 this amendment is unnecessary since most people over 65 already qualify for the existing assessment freeze. (I'm voting NO on this because I think it extends the freeze protection beyond the original intention of protecting seniors on limited budgets. Through the Homestead Exemption Louisiana already exempts the property tax on the first $75,000 of every owner-occupied home in Louisiana. This relief would be minimal to a small number of individuals but the impact on school systems, parishes and other local governments could be significant.) (P.S. I expect my position to be an unpopular one and I expect this amendment to pass overwhelmingly. But I'm simply sharing MY opinion and why I'm voting the way I am.)

  • Constitutional Amendment 7 could create a new fund in which to place unclaimed property money. Each year the LA Treasury Department receives millions of dollars in unclaimed moneys from companies that can’t find the people those moneys are owed to. (Examples include unclaimed bank accounts, insurance payments, utility bill excesses, etc.) The Treasurer’s office receives these moneys and holds them in trust, allowing for citizens to search for and recover their unclaimed property. Current law allows for a percentage of the unclaimed money to be used for state general fund appropriations. This bill would create a fund for all excess unclaimed property funds and then only the interest and investment earnings would be eligible to be passed on to the State General Fund. This would prevent a situation that has already happened twice where more claims came in than were available in the Treasurer’s escrow account since the surplus had been used by the State General Fund. (I'm voting YES on this because it protects the property rights of Louisiana citizens. While much of this money goes unclaimed forever, it's still NOT the property of the state and should be held in trust for the original property owner and their heirs. In the short-term the state will have to plug the hole this creates because they've come to depend on this extra "free" money. But it's not right. The state will receive the interest and earnings off of investing this money, which eventually will be significant. But in the short-term I believe in protecting the property of the citizens that is held in trust for them.)

  • "Proposition to allow sports betting by parish." Although this is not a constitutional amendment, this proposition will appear on all ballots throughout the state on November 3. A vote for this proposition would allow sports betting in the voter’s parish. While “gambling” is forbidden under the LA Constitution, courts have ruled that many forms of “gaming” (including casinos, video poker, lotteries, racetracks, and fantasy sports contests) are allowed. Voting for this proposition will legalize and formalize sports wagering, bringing in new tax revenues to state and local governments, but is also an overt effort to attract younger people, expanding gambling to homes and mobile devices across the state. According to Wallethub, Louisiana is the fifth most gambling addictive state and this vote will decide if this major expansion of gambling will be allowed. (As you can tell by my description, I'm voting NO on this proposition as the negative side of gambling does not outweigh whatever financial windfall the state receives. In my opinion.)  

Well, there you have it - those are my recommendations for the seven proposed constitutional amendments and the sports betting proposition. There is a lot more on the ballot, including the President, Senate, House of Representatives, LA Supreme Court Justice, Rapides Parish District Attorney, as well as Alexandria City Marshal, Pineville City Marshal and Alexandria City Council races ... and maybe more! One resource on the various candidates you may appreciate is the Louisiana Voter Guide published by the Louisiana Family Forum

Don't forget you can find your sample ballot by going to the GeauxVote website. You can even print it out to help you remember how you plan to vote when you go into the voting booth, since you'll only have a limited time there to cast your vote. And that's the important thing - whether you agree with me or not, please remember to cast your vote in this important election!!!