PAR explains first two amendments on Nov. 18 ballot

Published 6:24 am Wednesday, November 1, 2023

The Saturday, Nov. 18 election will, once again, give voters the opportunity to “decipher the amendment legal jargon and cast an informed vote, or resort to  eeny, meeny miny moe.

There is one more option, the best option. Review the issues before stepping into the voting booth, and yes, it’s OK to take a “cheat sheet” inside.

The American Press turned to the Public Affairs Research PAR Council of Louisiana for help in understanding the issues at hand, and to find out what a vote “for” or “against” each amendment could mean. PAR’s mission is to be Louisiana’s independent, nonprofit, nonpartisan voice offering solutions to crucial issues for the better of the state. (This article covers two of the four amendments. Look for information about the third and fourth amendments on the ballot in an upcoming issue.)

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Amendment 1. Do you support an amendment to clarify that the timing of gubernatorial action on a bill and his return of a vetoed bill to the legislature is based upon the legislative session in which the bill passed and to authorize the legislature, if it is in session to reconsider vetoed bills without convening a separate veto session?

“This is an amendment only a real government geek could love,” said Jan Moller, Louisiana Budget Project, in the PAR Perspective YouTube video. “It won’t affect the day-to-day life of anyone who is not a legislator or governor.”

“The only thing more confusing than the ballot language is the amendment language,” quipped Steven Procopio, PAR president.

This is an amendment no one knew was needed until recently. How should veto sessions be handled if lawmakers are in a regular or special session. Every veto session had been canceled under the 1974 constitution – until 2021. Since that time, three veto sessions have been called. Several legislators saying they believe veto sessions will be convened more regularly in the future. While it’s possible that a Republican governor and s Republican super majority will mean fewer of both for the next term, the constitution will have a longer shelf life. A change will add language to help lawmakers handle veto timing and sessions.

A vote “FOR” would allow lawmakers to try to override a governor’s bill rejections without calling a separate veto session if they are already in a legislative session and add further details about the deadlines for a governor to veto bills.

A vote “AGAINST” would require lawmakers trying to override a governor’s bill rejections to hold a separate veto session if the vetoes came in a legislative session that has ended and keep the current rules for a governor to issue bill vetoes.

Amendment 2. Do you support an amendment to remove provisions of the Constitution of Louisiana which created the following inactive special funds within the state treasury: Atchafalaya Basin Conservation Fund, Higher Education Louisiana Partnership Fund, Millennium Leverage Fund, Agricultural and Seafood Products Support, First Use Tax Trust Fund, Louisiana Investment Fund for Enhancement and to provide for the transfer of any remaining monies in such funds to the state general fund?

Barry Irwin, Council for a Better Louisiana (CABL) president gave a half-hearted woo-hoo for this amendment ballot item.  “This is the first time I can think of that we’re taking something out of the constitution,” he said in the PAR video, He wishes the list was more extensive. The State Constitution ratified in 1974 had two special funds. Now it has 36.

Five of the funds don’t contain any money: the Agricultural and Seafood Products Support Fund, Atchafalaya Basin Conservation Fund, First Use Tax Trust Fund, Higher Education Louisiana Partnership (HELP) Fund and Millennium Leverage Fund. One fund that would be repealed, the Louisiana Investment Fund for Enhancement (LIFE), contains $604, according to the state treasury. It hasn’t collected money in two decades, with the last deposit made in the 2001-02 budget year. The $604 would be transferred to the state general fund to use however lawmakers choose. Lawmakers and voters added the LIFE fund to the state constitution in 1983 to set aside a portion of “windfall revenues” from the production of oil and gas in Louisiana above a base originally set at nearly $1.1 billion. The base then was adjusted annually using a formula tied to the federal Consumer Price Index. Louisiana appears not to have hit the benchmark in more than 20 years. Spending money out of the fund required a two-thirds vote of state lawmakers. Lawmakers withdrew $361,000 in the 2003-04 budget year, the last withdrawal recorded by the state treasury

A vote “FOR” would remove six inactive funds with zero or near zero balances from the Louisiana Constitution.

A vote “AGAINST” would keep the six inactive finds with zero or near zero balances in the Louisiana Constitution.

Early voting is Nov. 3 through Nov. 11 (excluding Sunday, Nov. 5 and Friday, Nov. 10 for Veterans Day) from 8:30 a.m. – 6 p.m.

The forum can be seen at the PAR YouTube Channel. The PAR information in this article is from parlouisiana.org.