Latest news with #ConstitutionofLouisiana
Yahoo
12-03-2025
- Politics
- Yahoo
Constitutional amendment to overhaul Louisiana tax code
SHREVEPORT, La. (KTAL/KMSS) – Election day in Louisiana quickly approaches. Voters are tasked with deciding whether to overhaul the state's tax system. Constitutional amendment two is considered the most controversial of the four amendments facing voters on the ballot. It reads: 'Do you support an amendment to revise article VII of the Constitution of Louisiana including revisions to lower the maximum rate of income tax, increase income tax deductions for citizens over sixty-five, provide for a government growth limit, modify operation of certain constitutional funds, provide for property tax exemptions retaining the homestead exemption and exemption for religious organizations, provide a permanent teacher salary increase by requiring a surplus payment to teacher retirement debt, and make other modifications?' Election to decide constitutional amendement on March 29 – Learn what they are This amendment would significantly change the current tax structure. It is the result of the special session on tax reform. Democratic lawmakers say the bill was initially 117 pages long and not every detail is included in the ballot description for voters. Free time? Read the full text of Constitutional Amendment Two here. Governor Jeff Landry is asking residents to pass the amendment. 'Amendment two is a game changer, and it will build upon the successes that we have had in lowering crime and fixing education. Amendment two will also streamline government by merging duplicate savings accounts, and it creates a permanent government growth limit, which helps us build on our efforts to eliminate government waste and inefficiencies,' Landry (R) said. Amendment two would give teachers pay raises through their retirement, with cuts to several early childhood education funds. Residents file lawsuit challenging Louisiana constitutional amendments State Representative Tammy Phelps said she's not in favor of the amendment because of this and the way it is written. 'Those funds would be repealed in the same amendment. So, as we're saying yes, teachers, you will get this $2,000 increase. But we will be repealing three of these educational funds.' It's very misleading. I think it's outright a false narrative,' Phelps (D) District 3 said. Election day is March 29. Early voting is March 15 through the 22. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
24-02-2025
- Business
- Yahoo
Louisiana voters to decide on major tax code changes in March election
BATON ROUGE, La. (Louisiana First) — Pending a lawsuit, Louisiana voters will vote on a large swath of tax code changes under one constitutional amendment. The 115-page bill encompasses the closure of some funds, merging the state's emergency money, and paying down teacher retirement debt. There are four constitutional amendments on the March 29 ballot. Amendment 2 contains tax code changes and reads as follows: 'Do you support an amendment to revise Article VII of the Constitution of Louisiana including revisions to lower the maximum rate of income tax, increase income tax deductions for citizens over sixty-five, provide for a government growth limit, modify operation of certain constitutional funds, provide for property tax exemptions retaining the homestead exemption and exemption for religious organizations, provide a permanent teacher salary increase by requiring a surplus payment to teacher retirement debt, and make other modifications? (Amends Article VII, Sections 1 through 28; Adds Article VII, Sections 29 through 42).' The PAR Louisiana Constitutional Amendment Guide lays out the key points all wrapped up in this one amendment: • Require a two-thirds vote for lawmakers to enact new tax break programs and mandate that enactment of any new sales tax exclusions and exemptions apply to both state and local sales tax. • Double the standard individual income tax deduction for anyone 65 and older and lower the cap on the overall individual income tax rate that can be charged. • Remove the cap that limits how much in severance tax revenue local governments can receive from the state for oil, gas and other mineral activity on their lands. • Enact new limits on annual growth in state general fund spending on ongoing programs and services, with the limit tied to state population changes and inflationary factors. Lawmakers could spend money above the limit but only on one-time items that don't grow ongoing expenses. • Merge two state trust funds, the Budget Stabilization Fund (commonly known as the state's rainy day fund) and the Revenue Stabilization Trust Fund. The Budget Stabilization Fund would grow larger and reach its cap so no new deposits likely would be added for several years. The Revenue Stabilization Trust Fund would eventually disappear. New dollars that otherwise would have flowed into the Revenue Stabilization Trust Fund instead would be available to lawmakers for immediate spending, with few restrictions. • Use nearly $2 billion stored in education trust funds to pay down retirement debt for employees of K-12 public school systems and public colleges, eliminate the funds and require public school systems to use their retirement payment savings to provide up to a $2,000 permanent teacher pay raise and $1,000 school support worker pay raise. Teachers and support workers have been receiving those payments as one-time stipends that weren't guaranteed to reappear year after year. • Remove several trust funds from the constitution and enact them instead in state law, where lawmakers would have more flexibility to change their rules and use in the future. • Try to move parish governments away from charging property taxes on business inventory by offering them a one-time financial payment to end the tax. Parishes also would receive the ability to give partial exemptions of the tax to businesses by reducing the assessed value of the property. • Make it harder for lawmakers to pass new property tax breaks Amendment 2 is an all-or-nothing vote. While many parts are interwoven within Article VII of the state constitution, voters can't vote for only some changes. PAR breaks down the hefty amendment into a few main topics. Below is a summary of some of the major parts of the amendment. Tax Authority Should the amendment pass the cap for the individual income tax rate would be lowered from 4.75% down to 3.75%. Taxpayers would not feel any difference in this because the rate has already been lowered by the legislature to a flat 3%. This would just change the cap should the state ever need to raise it again. The amendment doubles the standard deduction for anyone over the age of 65 starting in the 2026 tax year. It also aims to raise the vote requirement within the legislature to add tax exemptions or credits, It also aims to remove the limit on the amount of money local governments can get from severance taxes generated by the oil and gas industry, and other mineral production. This could mean more money to local governments, and less in the state general fund for the legislature to spend. Gov. Jeff Landry unveils standstill budget, emphasizing fiscal responsibility Government Growth Limit The state already has a limit on how much it can spend each budget cycle. There are mechanisms for the state to vote to lift the cap if there is a windfall of money like the state saw in 2023 from federal assistance and surplus dollars coming through after the pandemic. This amendment will create a new 'Government Growth Limit' which would be lower than the expenditure limit already in place. The number would be calculated through population change and inflation. Once the state reaches that spending limit, anything over it can only be spent on one-time investments, not recurring expenses. This limit has some exceptions such as federal money, money transfers, money spent from dedicated funds, etc. It is not clear, according to PAR, how much this could constrain spending on government programs. If lawmakers wanted to spend over the growth limit they would need a ⅔ vote of the House and Senate to do so. Merger of Savings Accounts The proposed amendment would combine the Budget Stabilization Fund and Revenue Stabilization Funds, both containing billions of dollars. This would increase the cap on deposits into the singular account. However since the cap would be met in the Budget Stabilization Fund with the combination of the two funds, new money would likely not need to be deposited into the account for years. It could be seen as a way to free up spending money for the legislature rather than squirreling it away for a rainy day. Teacher Pay and Trust Funds There are a number of education-related funds that are used for various needs. The amendment would close down the Louisiana Education Quality Trust Fund, Louisiana Quality Education Support Fund, and Education Excellence Fund to use their balances to pay down teacher retirement debt. That cost savings for districts will be required to make the teacher pay stipend of $2,000 for teachers and $1,000 for support staff. This is not a new pay raise, only keeping the previous stipend as a permanent fixture. If this is not done teachers would face either a pay cut or the legislature would have to find another way to cover the difference in the budget. Any district that does not pay into the teacher retirement accounts, such as charter schools, or those who won't make enough to cover the full stipends have been verbally promised by the legislature they will pay for it. Another section of the amendment makes various organizational changes to numerous fund accounts. What is DOGE, and what's it doing? Property Taxes The amendment looks to move some of the property tax exemptions to state law to make it easier for the legislature to change them, with some guardrails of higher vote counts needed. While the homestead exemption will not be touched, the state is urging parishes to move away from charging the inventory tax on businesses. The state would offer one-time payments to each parish should the move to phase out the tax. If the Sheriff, school board, and parish governing authority approve the phase-out, they could be paid $10-15 million depending on how fast the tax is phased out. If the amendment does not pass, the tax code will remain in its current form. The funds are not closed or organized, and there will not be a new growth limit, etc. The lawsuit filed in the 19th JDC argues the ballot language is biased and does not fully encapsulate all that it entails. The plaintiffs plan to file a motion for an injunction later this week. Read more about the breakdown of the amendments on the March 29 ballot and the background on the arguments in the PAR Louisiana guide. Ross Chastain hopes Austin gives him another reason to destroy a watermelon President Trump and French President Macron meet to discuss war in Ukraine Louisiana voters to decide on major tax code changes in March election Federal workers face deadline to justify their jobs How is a new pope selected? Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
18-02-2025
- Politics
- Yahoo
Lawsuit challenges Louisiana ballot measure seeking tax law rewrite
Voters leave the Bricolage Academy gym after casting their ballots in New Orleans, Tuesday, Nov. 5, 2024. (Matthew Perschall for Louisiana Illuminator) A group of Louisiana voters filed suit against Louisiana Secretary of State Nancy Landry on Monday, seeking to halt a vote on a state constitutional amendment scheduled for next month that would drastically change state tax law. According to the language that is scheduled to appear on statewide ballots during the March 29 election, the proposal will lower income taxes, increase tax deductions for those over 65 and provide for a permanent pay bump for Louisiana schoolteachers. But if passed, the amendment would do much more, including narrowing certain property tax exemptions and liquidating education trust funds. And that, say the plaintiffs, is the problem. They argue that the single-sentence description that will appear on voters' ballots — which was based on a bill that runs more than 100 pages — not only fails to fully represent the breadth of changes that would be made, but also actively misrepresents what those changes would be. Because of this, they are asking a judge to issue an injunction and stop the ballot measure from going to voters. 'Democracy only works if state officials are transparent with voters about what they are being asked to vote on. This proposed amendment flunks the basic honesty test,' said William Most, lead attorney on the case, in a press release. Proposed ballot language Do you support an amendment to revise Article VII of the Constitution of Louisiana, including revisions to lower the maximum rate of income tax, increase income tax deductions for citizens over sixty-five, provide for a government growth limit, modify operation of certain constitutional funds, provide for property tax exemptions retaining the homestead exemption and exemption for religious organizations, provide a permanent teacher salary increase by requiring a surplus payment to teacher retirement debt, and make other modifications? (Amends Article VII, Sections 1 through 28; Adds Article VII, Sections 29 through 42) Gov. Jeff Landry has argued that the amendment is necessary to complete the work begun by the Louisiana Legislature in the special session last year. During the session, which the governor called in a bid to make the state's tax code more business-friendly, lawmakers lowered the state's corporate tax rate and raised the sales tax rate, among a number of other items. But the changes that will appear in the March 29 proposal require a change to the state's constitution, which can only be approved by voters. 'As the chief elections officer for Louisiana, the Secretary of State is normally named in any lawsuit relating to the administration of an election,' said a spokesperson for Nancy Landry in a written statement. 'The legislature is responsible for drafting constitutional amendment ballot language. Any questions regarding the ballot language should be directed to the legislature.' Jeff Landry's office did not immediately respond to requests for comment Monday. In November, the governor called the proposed amendment 'a big win' for the state of Louisiana. At the time, the Louisiana Illuminator reported that Jeff Landry hoped to motivate the public to vote for the amendment by tying it to a provision that would make permanent a $2,000 stipend for public school teachers. But the lawsuit alleges that the framing of the ballot language unfairly biases voters. 'Of the hundreds of changes to [the constitution] that are proposed, only a few of the most appealing changes are included in the ballot language,' the lawsuit states. 'None of the unappealing changes are included. The ballot language is all dessert, no vegetables.' The lawsuit further alleges that the ballot language is factually incorrect. The ballot language for the proposed amendment states that it would retain property tax exemptions for religious organizations, provide a permanent teacher salary increase and modify certain constitutional funds, among other revisions. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX Plaintiffs argue that despite the claims in the ballot language, the amendment would actually narrow property tax exemptions for religious organizations, only allowing exemptions on properties used for an explicitly religious purpose. Further, the lawsuit claims that the permanent teacher salary increase cited on ballots won't apply to all teachers – and comes at the cost of other educational funding in the state. And though the ballot language says the amendment would 'modify' constitutional funds, the lawsuit alleges that it would actually 'liquidate and drain' three constitutionally protected education trust funds that support a variety of educational programming and services. The lawsuit further claims that the ballot measure as written violates the Louisiana Constitution, which requires that proposed amendments be confined to 'one object' or fully revise an entire article of the Constitution. The lawsuit claims that this ballot measure does neither: it proposes changes to multiple objects in the constitution's Article VII, which covers revenue and finance, but doesn't wholly overhaul that article. 'Although the proposed amendment revises less than an entire article, it contains many objects,' the lawsuit states. 'There is no 'single plan' underlying all of these changes.' The suit was filed in state court in Baton Rouge. SUPPORT: YOU MAKE OUR WORK POSSIBLE This article first appeared on Verite News New Orleans and is republished here under a Creative Commons license.
Yahoo
14-02-2025
- Politics
- Yahoo
Explainer: What is the constitutional amendment 2?
LOUISIANA (KTAL/KMSS)—Louisiana, the fight is not over yet. On March 29, the state will vote on four constitutional amendments, including changing the state's taxation power, trialing juveniles as adults, and more. Here's what you need to know to make your voice heard at the polls. Proposed Constitutional Amendment 2 Proposed amendment 2 focuses on changing the revenue and finances of the state of Louisiana, including: potentially lowering the maximum income tax rate (higher earners would pay less tax); spending limit to essential services such as education and healthcare, affecting property tax assessments, and more. The Power Coalition says it could allow cities and parishes to levy their own taxes on income, inheritance, and fuel—something they aren't currently allowed to do. It underscores adjusting the interim emergency board, state bond commission, and fund handling. This includes provisions regarding how revenue is managed, appropriated, and invested, affecting education, health, and conservation funds. La. new tax plan includes you paying more for streaming 'Do you support an amendment to revise Article VII of the Constitution of Louisiana, including revisions to lower the maximum rate of income tax, increase income tax deductions for citizens over sixty-five, provide for a government growth limit, modify operation of certain constitutional funds, provide for property tax exemptions retaining the homestead exemption and exemption for religious organizations, provide a permanent teacher salary increase by requiring a surplus payment to teacher retirement debt, and make other modifications? (Amends Article VII, Sections 1 through 28; Adds Article VII, Sections 29 through 42) This proposed constitution proposes that the Louisiana Supreme Court could create specialized trial courts and give the Supreme Court the authority to discipline all out-of-state lawyers. A vote no would allow the Louisiana Supreme Court to discipline only lawyers who are members of the Louisiana Bar. Out-of-state lawyers would not fall under their authority. 'Do you support an amendment granting the Louisiana Supreme Court jurisdiction to discipline out-of-state lawyers for unethical legal practices in the state of Louisiana, and to grant the legislature the authority to establish trial courts of limited and specialized jurisdiction? (Amends Article V, Sections 5(B), 15(A) and 16(A))' A Louisiana bill could send more minors to adult prisons Proposed Constitutional Amendment 3 Amendment 3's proposed change allows lawmakers to decide which crimes juveniles can be tried as adults for. In the present constitution, crimes such as 1st or 2nd-degree murder, manslaughter, aggravated rape, or armed robbery would be removed, giving the lawmaker the decision to decide if a minor is to be tried as an adult. Do you support an amendment to provide the legislature the authority to determine which felony crimes, when committed by a person under the age of seventeen, may be transferred for criminal prosecution as an adult? (Amends Article V, Section 19) Proposed Constitutional Amendment 4 Amendment 4 proposes filling the judge's vacancies as soon as possible, at the earliest date state law allows. If a major congressional or gubernatorial election is within 12 months of the date of the vacancy, then a special election shall be held to fill said vacancy. Do you support an amendment to provide for the use of the earliest election date to fill judicialvacancies? (Amends Article V, Section 22(B) Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
30-01-2025
- Politics
- Yahoo
Judge orders LSU to reinstate law professor after suspension over political remarks
BATON ROUGE, La. (Louisiana First) — A district judge has ordered Louisiana State University (LSU) to immediately reinstate law professor Ken Levy, ruling that his suspension violated his constitutional rights. Levy was removed from teaching on Jan. 16 following student complaints about remarks he made during a discussion on First Amendment issues. A student reportedly complained to Governor Jeff Landry, prompting LSU to take immediate action. Levy then sued the university, arguing that his suspension violated his free speech, academic freedom, and due process rights. In a ruling issued Thursday, 19th Judicial District Court Judge Don Johnson granted Levy's request for a temporary restraining order, stating that LSU must reinstate him without interference or further disciplinary action related to his speech. The order states that LSU is prohibited from 'suspending Petitioner, or taking any tangible employment action against Petitioner on account of his expressions afforded protection under the Constitution of Louisiana and of the United States.' The ruling also protects Levy from 'further harassment or retaliation by LSU on account of his protected academic freedom and free speech.' Louisiana environmental activist loses freedom of speech lawsuit against parish officials Levy, a tenured professor at LSU's Paul M. Hebert Law Center, filed his lawsuit after being suspended without prior notice or a hearing. According to his attorney, Jill Craft, Levy's comments referenced former LSU professor Nicholas Bryner's case, where state officials, including Landry and Attorney General Liz Murrill, called for disciplinary action over political remarks made in class. Levy's lawsuit argued that his remarks—some of which included profanity—were made in a joking manner and used to reinforce his classroom's no-recording policy. He contended that LSU's decision to remove him was unconstitutional and lacked due process. In response to Levy's suspension, Attorney General Liz Murrill issued a statement defending LSU's right to enforce faculty policies but also acknowledging Levy's right to due process. 'Facts, details, and law matter,' Murrill said. 'Professor Levy is entitled to a full appeals process and a hearing to determine where his behavior falls in this analytical framework. And I am confident that he will receive that due process as LSU's investigation runs its course.' The ruling is a temporary measure, preventing LSU from taking further action against Levy while the case moves forward. The next phase of the legal process will determine whether the suspension was legally justified or a violation of Levy's rights. A hearing is scheduled for Feb. 10. Levy has been employed at LSU's Paul M. Hebert Law Center since 2009. He was promoted to associate professor in 2012, granted tenure in 2015, and became a full professor in 2017. In a statement, LSU said they will continue to move forward with a thorough investigation and are aware of the temporary restraining order. In a statement, LSU said they are aware of the temporary restraining order and will continue with a thorough investigation. In light of recent concerns regarding Professor Ken Levy, Louisiana State University reaffirms its commitment to upholding academic freedom while maintaining a respectful and professional learning environment. The university values the rights of its faculty to engage in scholarly discourse and express diverse viewpoints. However, as outlined in LSU's Policy Statement on Academic Freedom, Free Speech, and Tenure (PS-15), faculty members are expected to conduct themselves in a civil manner, with respect for the rights, views, and opinions of others. This is a foundational compact in a university setting. If a student reports that a faculty member has broken this compact, we must investigate the concern. While academic freedom protects speech, thought, and expression within the university setting to promote learning and knowledge, it does not provide a license to: Use the classroom as a platform for personal grievances beyond the scope of the course or otherwise. Demean or threaten students with differing viewpoints. Engage in gratuitous use of profanity, particularly in professional training environments such as law, where students are preparing to practice under standards of conduct and civility. PS-15 further emphasizes that faculty members, as both scholars and representatives of LSU, should remain mindful that their words and actions reflect upon the institution. LSU recognizes that faculty status demands professional responsibility and accountability. While we are aware of the temporary restraining order, we will continue forward with a thorough investigation, conducted in accordance with LSU's bylaws and established procedures from which a final determination regarding Professor Levy will be made. Louisiana State University This is a developing story. Check back for updates. Gabbard battles senators over Snowden, Syria in fiery hearing: 5 takeaways How former LSU Tiger Jack Bech is honoring brother killed in New Orleans terror attack Black Caucus blasts Trump's DEI comments after Potomac plane crash Kash Patel grilled on potential Trump pressure, past comments at contentious hearing Authorities work to recover crash victims, identify those lost Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
