In addition to electing a new governor Oct. 4, voters also are responsible for voting on 15 proposed constitutional amendments.
James Brandt, president of the Public Affairs Research Council of Louisiana, said of the 15 proposed amendments, the first four are the most critical.
The first amendment involves the Wetlands Conservation and Restoration Fund established in 1989.
PAR’s 2003 Guide to the Constitutional Amendments said the fund provides a constant source of revenue for the wetlands. This money comes from production of or exploration of mineral revenues. The more minerals found, the more money that goes to the fund. While the funds in the account roll over each year, there currently is $40 million cap on mineral revenues.
A vote for this amendment would authorize an annual $35 million to be placed in the fund, raise the cap to no less than $500 million and add highway construction and Wetland Fund deposits to the list of allowable uses of nonrecurring state revenue.
A vote against would maintain the cap at $40 million, and highway construction would not be added to the list of allowable uses of nonrecurring state revenue.
The second amendment involves the formation of the Louisiana Coastal Restoration Fund.
The PAR guide said two years ago Louisiana sold 60 percent of the its share in the 1998 tobacco settlement for $1 billion. The remaining 40 percent is valued by the State Bond Commission to be an estimated $600 million. Currently tobacco settlements are divided among the Health Excellence Fund, the Education Excellence Fund and TOPS.
A vote in favor would create the Louisiana Coastal Restoration Fund and authorize 20 percent of any future sale of the state’s tobacco settlement to be deposited in this fund first, and the remaining would be split among the other three funds.
If not approved, the Health, Education and TOPS funds still would split the revenue, and the Louisiana Coastal Restoration Fund would not be created.
The third amendment determines how responsible the state should be if a coastal restoration project causes past or future damages to a person’s or business’s private property.
A vote for would limit the state’s liability and the amount to be paid to purchase the property, while a vote against would not limit the state’s liability or the amount paid for private property.
The fourth amendment addresses concerns with failing schools. If it is passed, the State Board of Elementary and Secondary Education would take temporary control of failing K-12 schools, said PAR’s guide said.
The guide said votes against this proposed amendment would not allow BESE to have any control in these schools.
According to research from PAR’s 2003 Constitutional Amendments Guide, 65 schools received the “Academically Unacceptable” label. Eleven of the 65 did not achieve their growth target for a consecutive three years.
According to PAR’s guide, the fifth amendment calls for a change in how members are selected to the Louisiana Workers’ Compensation Corporation’s Board of directors.
Amendment six would change the TIMED highway widening program to add and switch segments to connect to a four-lane highway in Arkansas.
Amendment seven would allow banks to use public funds to make loans to parishes or a state agency to build roads and highways.
Amendment eight is for an offshore drilling rig tax break.
Currently, lottery revenues can be used for any purpose, but amendment nine aims to reserve these funds exclusively for K-12 education and for gambling addiction programs.
Amendment 10 proposes to give the state Legislature the power to deny state agencies the right to appeal administrative law judges’ decisions.
The 11th amendment is for the stabilization of the Rainy Day Fund’s budget.
Amendment 12 is to allow for the seizure of all contraband items related to illegal activities, not just drug-related crimes.
Amendment 13 would allow local governments to donate the use of their property to a new or expanding industry below market rates.
The 14th amendment would limit the political activity of legislative auditors and place restrictions on when they could run for public office.
The 15th amendment would allow judges who turn 70 years old while in office to finish their terms, whereas the existing law requires them to retire immediately upon turning 70.
Voters face lengthy list of amendments
September 30, 2003
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