La. voters to decide on extending legislative sessions, changing tax sale process
Breaking down amendments 3 and 4 on Dec. 7 ballot
LAKE CHARLES, La. (KPLC) - Louisiana voters will cast their ballots in just four days in the Dec. 7 general election.
- Find out what’s on your ballot HERE.
- Find all our election coverage HERE.
- For sample ballots, polling locations and more, visit the Secretary of State’s website.
Along with local tax propositions and runoffs, all voters will see four proposed constitutional amendments on their ballots.
We previously explained the first two amendments, and tonight we are breaking down the third and fourth.
The Public Affairs Research Council of Louisiana (PAR), a nonprofit, independent research organization, offers a non-partisan review of each proposed amendment that comes before voters. PAR’s guide to this year’s amendments provides context for each proposal as well as arguments for and against it.
Amendment 3: Extension of regular session to pass budget bills
Amendment 3 would let lawmakers extend the regular legislative session by up to six days if they need more time for a spending bill.
Right now, legislators have 60 or 85 days for a regular session depending on the year. If they don’t finish their work in that timeframe, it leads to a special session.
“The alternative is a special session. Where essentially you would start a new meeting of the legislature, all the bills would have to go back to the committee and be heard again, go to both sides. So the proponents say, ‘Look, this gives us extra time and could save some money because we won’t have to go to a special session,‘” PAR President Steven Procopio said.
The argument against the amendment is that lawmakers should have more than enough time to handle their work during the regular session without the need for an extension, and every day of session costs taxpayers.
The Legislative Fiscal Office estimates a six-day extension of the regular session could cost $155,000 in lawmaker salaries in addition to the price tags for security, staff, travel and other supplies.
The argument in favor of Amendment 3 is that it gives lawmakers more time to better understand an appropriations bill before casting a final vote and that adding six days is more efficient and less expensive than restarting the budget debate process in a special session.
Text on ballot
“Do you support an amendment to allow the legislature to extend a regular session in increments of two days up to a maximum of six days if necessary to pass a bill appropriating money?”
PAR guide to Amendment 3
A VOTE FOR WOULD: Allow lawmakers, with a two-thirds vote, to extend a regular legislative session up to six days if they need more time to pass a bill appropriating money.
A VOTE AGAINST WOULD: Maintain the current legislative session calendar, in which the House and Senate meet during a period of 85 calendar days in even-numbered years and during a period of 60 calendar days in odd-numbered years.
Amendment 4: Revised system for responding to delinquent property taxes
Amendment 4 would rework Louisiana’s process for handling unpaid property taxes.
Currently, Louisiana has a tax sale process. If a property owner hasn’t paid taxes by Dec. 31, the Louisiana constitution requires the local tax collector to provide a notice of delinquency and then place the property for sale.
“What happens under the current system is that if you don’t pay then they can put your house up for sale or for auction you know known as a sheriff’s sale but it’s not the legal term for it. So you put your property up and someone can buy it. It’s a little technical because they don’t actually buy the whole house, they buy a percentage relative to the debt but that’s a little wrinkle,” Procopio said.
Amendment 4 would change this to a tax lien auction process.
“But the house isn’t what’s purchased, you’re just purchasing the debt, it’s like a mortgage on the house. Like a bank owning a mortgage now, if you don’t pay that off eventually, if the original owner doesn’t pay that off with interest and penalties, then the person holding the lien, that’s what sort of this mortgage is, the lien, can force you to go and put your house up for sale,” Procopio said.
Proponents say shifting to a tax lien auction system is better for property owners, giving them more options to address their debt.
Also, a 2023 U.S. Supreme Court ruling could force the state to make a change.
Opponents note the state has not been found in violation of the supreme court’s ruling, so right now the change isn’t required.
They also point out that longer timelines associated with the tax lien system could discourage investors.
Text on ballot
“Do you support an amendment to eliminate mandatory tax sales for nonpayment of property taxes and require the legislature to provide for such procedures by law; to limit the amount of penalty and interest on delinquent property taxes; and to provide for the postponement of property tax payments under certain circumstances?
PAR guide to Amendment 4
A VOTE FOR WOULD: Shift Louisiana from a tax sale process to a tax lien auction process when a property owner hasn’t paid property taxes and the local government wants to satisfy the tax debt.
A VOTE AGAINST WOULD: Keep Louisiana’s tax sale process in place for local governments seeking to satisfy a tax debt when a property owner hasn’t paid property taxes.
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