BGR POSITIONS ON
CONSTITUTIONAL AMENDMENTS
ON THE NOVEMBER 20, 1999 BALLOT
This is BGR's second report on the constitutional amendments presented to the voters in the 1999 election cycle. It addresses the six amendments that will appear on the November 20 ballot. (A prior report covered the ten amendments presented to the voters on October 23, 1999.)
The web page on the constitutional amendments provides links to the text of each amendment and the applicable legislative history.
BGR has taken a position on two of the six amendments on the November 20 ballot. As a general rule, BGR takes a position when an amendment has a particular effect on the New Orleans metropolitan area, or when it deals with the subject matter of BGR's research. The lack of a position on an amendment should not be taken as a tacit disapproval or approval, nor is it an indication the amendment is not worthy of attention.
The table summarizes BGR's positions. Details on the amendments, and BGR's positions, are outlined in this report.
|
Number |
Description |
BGR Position |
|
1. |
Require favorable pardon board recommendation for gubernatorial pardons |
No position |
|
2. |
Allow wildlife trust funds to be invested up |
No position |
|
3. |
Authorize separate Zachary school system. |
Oppose |
|
4. |
Prohibit sale of the Louisiana Workers |
No position |
|
5. |
Allow Louisiana Workers Compensation Corporation to join Louisiana Guarantee Association (LIGA) |
No position |
|
6. |
Exempt those over 70 years old from |
Oppose |
BGR Position: No position
This amendment would prohibit the Governor from commuting sentences, pardoning persons convicted of offenses against the state, and remitting fines and forfeitures without a favorable recommendation from the Board of Pardons. Currently, a recommendation from the Board of Pardons is required before the Governor may act, but the law does not expressly require that the recommendation be favorable. This amendment would make it clear that an affirmative, favorable recommendation is a prerequisite for the Governor to act.
Legislative Reference: Act 1401, (Enrolled version H424), Legislative history.
No.2: Allow wildlife trust funds to invest up to 35% in stocks
BGR Position: No position
Louisiana maintains two trust funds that receive the revenues produced from 166,000 acres of coastal marshlands conveyed to Louisiana in 1913 and 1919 by the Russell Sage Foundations and the Rockefeller Foundation. Under current law, these trust funds cannot be invested in stock. (The state is generally prohibited from investing in the stock market without specific constitutional authority.) This amendment would authorize the state treasurer to invest up to 35% of the Russell Sage or Marsh Island Refuge Fund and the Rockefeller Wildlife Refuge Trust and Protection Fund in stocks. This would treat these funds similarly to the Education Quality Trust Fund (commonly called the "8(g) trust fund") which may be invested up to 35% in stocks under current law.
Legislative Reference: Act 1402, (Enrolled version H647) Legislative History.
No. 3: Authorize separate Zachary school system
BGR Position: Oppose
This amendment would allow the Zachary community to carve out its own school system in East Baton Rouge Parish, with the same authority as parish schools, including funding through the state's minimum foundation program.
With only a few exceptions, school districts in Louisiana are parish-wide - a situation that promotes funding equity and more opportunities to provide specialized educational programs.
Although this amendment does not affect the New Orleans metropolitan area directly, BGR believes that it is bad policy to Balkanize Louisiana's school districts. Authorizing splintered school systems would be an undesirable precedent that could adversely impact the New Orleans area if similar actions were taken here. For the same reasons, BGR supported an earlier amendment (which passed) on the October 23, 1999 ballot that repealed the constitutional authority for a separate district to in Rapides Parish.
Legislative Reference: Act 1403, (Enrolled version H568) Legislative history.
No. 4: Prohibit Dissolution or Sale of Louisiana Workers Compensation Corporation
BGR Position: No position
In 1991, a constitutional amendment created the Louisiana Workers' Compensation Corporation (LWCC) as a private, non-profit mutual insurance company. This was prompted by the then-dwindling availability of workers compensation insurance for employers. The constitution currently backs the LWCC by the full faith and credit of the state until the LWCC achieves a target level of financial strength. That level will probably be reached in the near future. This amendment would place some limitations on what happens after the full faith and credit guarantee is extinguished, as follows:
t The LWCC would be required to hold the state harmless from claims that arise under the existing full faith and credit guarantee.
t The LWCC could not be dissolved or terminated by legislation, but could only be dissolved or terminated by its policyholders or the Commissioner of Insurance.
t The LWCC could not be sold or converted to a domestic stock insurer.
t The LWCC would be exempt from legislation directed exclusively to the corporation which impairs its ability to provide a competitive market for workers' compensation insurance.
Under the amendment, the restrictions described above would become null if the Commissioner of Insurance certified that the LWCC failed to provide adequate security to hold the state harmless from claims.
Legislative Reference: Act 1404, (Enrolled version H497) Legislative history.
No. 5: Allow La. Workers Compensation Corp. to join guarantee association (LIGA)
BGR Position: No position
This amendment is a companion to No. 4 above. It provides that upon the extinguishments of the full faith and credit guarantee of the state, the LWCC would no longer be exempt or prohibited from participation in any association, guaranty fund, or insolvency fund authorized or required under the Louisiana Insurance Code. It would also provide that the corporation's participation in the guaranty fund association shall be on a prospective basis only.
Legislative Reference: Act 1405, (Enrolled version H492) Legislative history.
No. 6: Exempt 70+ year olds from jury duty
BGR Position: Oppose
This amendment would provide a blanket exemption from jury duty for those over seventy years old, but would give them the option to serve.
The State Supreme Court currently has the constitutional authority to establish jury exemption rules, which do not provide for automatic exemptions for the elderly. The Supreme Court's position is consistent with American Bar Association recommendations.
The proposed amendment would diminish both the representativeness and the size of jury pools by 10% to 12%. This is significant in Orleans Parish because of the high number of jury trials and the declining population. Further, anecdotal evidence indicates that the elderly make good jurors.
The amendment is not necessary. The law already provides exemptions for hardship and medical reasons, and the elderly in need can qualify under these exemptions.
The amendment would not reduce the paperwork of jury selection, as some of its proponents would suggest. Jury notices would still be mailed to the age 70 and over group to allow them the opportunity to serve or to decline jury duty.
Legislative Reference: Act 1406, (Enrolled version H641) Legislative history.
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