Monday, October 29, 2012

The Amendments

  Thanks for those who have asked for help with the amendments.  As you recall, I usually frown upon amendments to the state constitution.  The document was intended to give us general principles and consistency, but it is changed more times than a baby's diaper.  In fact, it has been amended over 160 times in its 38 year history. 

   Real change will come when we apply 2 Chronicles 7:14. 
    At every opportunity amendments are offered to help "get the vote out" when we have a major election.  To energize the base, so to speak.  So if you have been living under a rock and aren't enthusiastic about voting for president, maybe gun rights, veterans or term limits will get you to the polls.
This year there are Nine Amendments and one Local Option Vote
Amendment 1: Protect Medicaid Trust Fund for Elderly -  YES
Passage would keep the legislature from raiding the Medicaid Trust Fund for the Elderly to help balance the budget.  This really reveals a lot about our leaders if we think it through.  Many of our elderly rely on this funding for real and personal needs. 
The current House and Senate members need us to pass a Constitutional Amendment that tells them not to raid the Medicaid Trust Fund for the Elderly to balance their out of control spending--we should oblige them.   More than likely, this is on the ballot to make sure seniors vote early and in high numbers in the presidential election. 
Amendment 2: Right to Keep and Bear Arms -  YES

   It is highly unlikely that any member of Louisiana's judicial, legislative or executive branches would infringe upon the right to keep and bear arms.  It is often opined that the largest army in the world at any given time is the American Hunter.  Gun rights are more sacred in America than the rights of the unborn.  This would make Louisiana the best place for a law abiding citizen to own a gun. 
  On the other hand, the passage of this amendment will change the way courts interpret certain restrictions on gun laws under the criminal code.  For instance, It may be tougher to pass gun laws against criminals because the government must prove a compelling interest and show that the law is narrowly tailored under a strict scrutiny analysis.  This is a high burden. 
   Make no mistake, this is on the ballot to make sure that everyone interested in gun rights shows up to vote in the presidential election. 

Amendment 3: Extended Notice for Prefiling of Retirement Bills- NO
  This increases the number of days that that bill affecting Public Retirement would be prefiled.  Among other changes, publication of the bill would change from 30 days before the bill is introduced to 45 days before the session.  This bill may affect public retirement reform.  Not a good bill. 
   This bill assumes that if everyone had more time to discuss the bills, then an informed vote would be taken.  Not likely.  This just adds more deadlines and prefiling requirements. 

Amendment 4: Exemptions for Spouses of Veterans-  YES
This is a good law that allows the spouse or surviving spouse of a disabled veteran to claim the $150,000.00 homestead exemption.  Clears up a previous amendment and might be the only germane Constitutional amendment on the ballot.  ( Side note:  Don't you agree that this special group of men and women who meet the criteria, should be given a transferable lifetime FULL exemption from the property tax dealing with their home.)

Amendment 5: Public Officials Convicted of Felony Lose Part of Retirement- YES
  Once again, the fact that this is on the ballot reveals much about the state we are in.  Any person participating in the retirement system who is convicted of a felony that is related to their office or job could lose a significant portion of their retirement benefits.  The issue is whether this would apply only to elected officials or if it could apply to teachers.  For instance a teacher who has an inappropriate relationship with a student and is later convicted of a felony could lose some retirement benefits under this law. 
  The retirement systems are in dire straits so I anticipate it will pass and be aggressively enforced. 

Amendment 6: New Iberia Tax Issue-  NO

   This idea should be applied to the entire state or not at all.  If it passes, then every city in the state will be on the amendment list next time to garner exemption power. 

Amendment 7: Service on Commissions- YES

  The population has changed and we dropped from 7 congressional districts to 6.  The selections process for State Boards is based on Congressional Districts.  So with the change from 7 to 6, the process must be changed. 

Amendment 8: Non-Manufacturing Tax Exemption-  YES

   Anything that will help a business locate in our state should be supported.  Not a complete exemption of all taxes and really doesn't go far enough-- but might help someone relocate or start a business here.  

Amendment 9:  Notice for creating a Crime Prevention District- NO

   This deals with an idea that is only popular in New Orleans and Baton Rouge. The formation of these districts allowed a fee to be assessed to a homeowner whether they want to pay it or not.  The current notification process is not adequate for some, so they need more notice.  Not proper issue for a constitutional amendment. 


Local Option 1:  Term Limits for School Board Members-YES
  
   States that school board members would be term limited to three four year terms.  This is a significant change.  But the law would not become law until January 1, 2014.  So no immediate change would occur. 
  The idea of term limits was started by the great Pres. George Washington.  If he could limit himself to eight years, then we can limit our current leaders to twelve.  He used a quill pen not a computer. 

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