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Public Notices: Thursday, September 9th, 2010

Public & Legal Notices may be submitted to us at legals@franklinsun.com.



Public Notices Published Thursday, September 9th, 2010
(Continued from 9/8/10)
Proposed Amendment No. 6
Regular Session, 2010
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Act 1048
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HOUSE BILL NO. 229
BY REPRESENTATIVE PEARSON
A JOINT RESOLUTION
Proposing to amend Article X, Section 29(E)(5) of the Constitution of Louisiana and to add Article X, Section 29(F) of the Constitution of Louisiana, to provide relative to benefit provisions for members of public retirement systems; to require a two-thirds vote for passage of a benefit provision having an actuarial cost; to provide for submission of the proposed amendment to the electors; and to provide for related matters.
Notice of intention to introduce this Act has been published as provided by Article X, Section 29(C) of the Constitution of Louisiana.
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members elected to each house concurring, that there shall be submitted to the electors of the state of Louisiana, for their approval or rejection in the manner provided by law, a proposal to amend Article X, Section 29(E)(5) of the Constitution of Louisiana and to add Article X, Section 29(F) of the Constitution of Louisiana to read as follows:
ß29. Retirement and Survivor’s Benefits
Section 29.
* * *
(E) Actuarial Soundness.
* * *
(5)(a) All assets, proceeds, or income of the state and statewide public retirement systems, and all contributions and payments made to the system to provide for retirement and related benefits shall be held, invested as authorized by law, or disbursed as in trust for the exclusive purpose of providing such benefits, refunds, and administrative expenses under the management of the boards of trustees and shall not be encumbered for or diverted to any other purpose. The accrued benefits of members of any state or statewide public retirement system shall not be diminished or impaired.
(b)(F) Benefit Provisions; Legislative Enactment. Future benefit Benefit provisions for members of the state and statewide public retirement systems any public retirement system, plan, or fund that is subject to legislative authority shall be altered only by legislative enactment;. No such benefit provisions having an actuarial cost shall be enacted unless approved by two-thirds of the elected members of each house of the legislature. however, Furthermore, no such benefit provision for any member of a state retirement system having an actuarial cost shall be approved by the legislature unless a funding source providing new or additional funds sufficient to pay all such actuarial cost within ten years of the effective date of the benefit provision is identified in such enactment. This Subsubparagraph Paragraph shall be implemented as provided by law.
Section 2. Be it further resolved that this proposed amendment shall be submitted to the electors of the state of Louisiana at the statewide election to be held on November 2, 2010.
Section 3. Be it further resolved that on the official ballot to be used at said election there shall be printed a proposition, upon which the electors of the state shall be permitted to vote FOR or GAINST, to amend the Constitution of Louisiana, which proposition shall read as follows:
To require a two-thirds vote of the elected members of each house of the legislature to enact any benefit provision for members of a Louisiana public retirement system if the provision has an actuarial cost. (Amends Article X, Section 29(E)(5); Adds Article X, Section 29(F))
A true copy:
Jay Dardenne
Secretary of State
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Proposed Amendment No. 7
Regular Session, 2009
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Act 540
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HOUSE BILL NO. 509
BY REPRESENTATIVE LEGER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
A JOINT RESOLUTION
Proposing to amend Article VII, Section 25(A)(1) and (E) of the Constitution of Louisiana, relative to tax sales; to provide relative to the procedure for bidding at ad valorem property tax sales; to provide for the payment of penalties by an ad valorem tax sale bidder; to provide for the payment of penalties, interest, and costs by a taxpayer when taxes on movables are delinquent; to provide for submission of the proposed amendment to the electors; and to provide for related matters.
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members elected to each house concurring, that there shall be submitted to the electors of the state of Louisiana, for their approval or rejection in the manner provided by law, a proposal to amend Article VII, Section 25(A)(1) and (E) of the Constitution of Louisiana, to read as follows:
ß25. Tax Sales
Section 25.(A) Tax Sales. (1) There shall be no forfeiture of property for nonpayment of taxes. However, at the expiration of the year in which the taxes are due, the collector, without suit, and after giving notice to the delinquent in the manner provided by law, shall advertise for sale the property on which the taxes are due. The advertisement shall be published in the official journal of the parish or municipality, or, if there is no official journal, as provided by law for sheriffs’ sales, in the manner provided for judicial sales. On the day of sale, the collector shall sell the portion of the property which the debtor points out. If the debtor does not point out sufficient property, the collector shall sell immediately the least quantity of property which any bidder will buy for the amount of the taxes, interest, penalties, and costs. If authorized by the state or local tax collector, any bidder may elect to bid down the five percent penalty, as provided in Subparagraph (B)(1) of this Section, in increments of one-tenth of one percent. The sale shall be without appraisement. A tax deed by a tax collector shall be prima facie evidence that a valid sale was made.
* * *
(E) Movables; Tax Sales. When taxes on movables are delinquent, the tax collector shall seize and sell sufficient movable property of the delinquent taxpayer to pay the tax, interest, penalties, and costs, whether or not the property seized is property which was assessed. Sale of the property shall be at public auction, without appraisement, after ten days advertisement, published within ten days after date of seizure. It shall be absolute and without redemption.
If the tax collector can find no corporeal movables of the delinquent to seize, he may levy on incorporeal rights, by notifying the debtor thereof, or he may proceed by summary rule in the courts to compel the delinquent to deliver for sale property in his possession or under his control.
* * *
Section 2. Be it further resolved that this proposed amendment shall be submitted to the electors of the state of Louisiana at the statewide election to be held on November 2, 2010.
Section 3. Be it further resolved that on the official ballot to be used at said election there shall be printed a proposition, upon which the electors of the state shall be permitted to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall read as follows:
To provide relative to the bidding process for ad valorem property tax sales by authorizing a bidder at a tax sale to bid down the existing five percent penalty in increments of one-tenth of one percent; to require the payment of penalties by a bidder at ad valorem property tax sales; to require the payment of interest, penalties, and costs by a taxpayer who is delinquent on the payment of taxes on movables. (Amends Article VII, Section 25(A)(1) and (E))
A true copy:
Jay Dardenne
Secretary of State
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Proposed Amendment No. 8
Regular Session, 2010
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Act 1052
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HOUSE BILL NO. 276
BY REPRESENTATIVES LEGER, HINES, AND BROSSETT
A JOINT RESOLUTION
Proposing to amend Article I, Section 4(H)(1) of the
Constitution of Louisiana, to provide relative to the sale of certain expropriated property; to provide an exception for the sale of property expropriated for the removal of a threat to public health or safety; to provide for submission of the proposed amendment to the electors; and to provide for related matters.
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members elected to each house concurring, that there shall be submitted to the electors of the state of Louisiana, for their approval or rejection in the manner provided by law, a proposal to amend Article I, Section 4(H)(1) of the Constitution of Louisiana, to read as follows:
ß4. Right to Property
Section 4.
* * *
(H)(1) Except for the removal of a threat to public health or safety caused by the existing use or disuse of the property, and except for leases or operation agreements for port facilities, highways, qualified transportation facilities or airports, the state or its political subdivisions shall not sell or lease property which has been expropriated and held for not more than thirty years without first offering the property to the original owner or his heir, or, if there is no heir, to the successor in title to the owner at the time of expropriation at the current fair market value, after which the property can only be transferred be transferred only by competitive bid open to the general public. After thirty years have passed from the date the property was expropriated, the state or political subdivision may sell or otherwise transfer the property as provided by law.
* * *
Section 2. Be it further resolved that this proposed amendment shall be submitted to the electors of the state of Louisiana at the statewide election to be held on November 2, 2010.
Section 3. Be it further resolved that on the official ballot to be used at said election there shall be printed a proposition, upon which the electors of the state shall be permitted to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall read as follows:
Provides that property expropriated for the public purpose of removing a threat to public health or safety caused by the existing use or disuse of the property shall not be subject to the requirement of offering the property back to the original owner who allowed the property to become a threat to public health or safety or to the requirement of public sale. (Amends Article I, Section 4(H)(1))
A true copy:
Jay Dardenne
Secretary of State
- - - - - - - - - - - - - - -
Proposed Amendment No. 9
Regular Session, 2010
————————
Act 1051
————————
SENATE BILL NO. 42
BY SENATOR MURRAY
A JOINT RESOLUTION
Proposing to amend Article V, Section 8(B) of the Constitution of Louisiana, relative to the judicial branch; to provide relative to courts of appeal; to require reargument before a five-judge panel when an appellate judge dissents from a majority decision to modify or reverse a judgment rendered by the office of workers’ compensation; and to specify an election for submission of the proposition to electors and provide a ballot proposition.
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members elected to each house concurring, that there shall be submitted to the electors of the state, for their approval or rejection in the manner provided by law, a proposal to amend Article V, Section 8(B) of the Constitution of Louisiana, to read as follows:
ß8. Courts of Appeal; Circuits; Panels; Judgments; Terms
Section 8. * * *
(B) Judgments. A majority of the judges sitting in a case must shall concur to render judgment. However, in civil matters only, when a judgment of a district court or an administrative agency determination in a workers’ compensation claim is to be modified or reversed and one judge dissents, the case shall be reargued before a panel of at least five judges prior to rendition of judgment, and a majority must shall concur to render judgment.
* * *
Section 2. Be it further resolved that this proposed amendment shall be submitted to the electors of the state of Louisiana at the statewide election to be held on November 2, 2010.
Section 3. Be it further resolved that on the official ballot to be used at said election there shall be printed a proposition, upon which the electors of the state shall be permitted to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall read as follows:
To provide that, in civil matters only, when a court of appeal is to modify or reverse an administrative agency determination in a workers’ compensation claim and one judge dissents, the case shall be reargued before a panel of at least five judges prior to rendition of judgment, and a majority shall concur to render judgment. (Amends Article V, Section 8(B))
A true copy:
Jay Dardenne
Secretary of State
- - - - - - - - - - - - - - -
Proposed Amendment No. 10
Regular Session, 2010
————————
Act 1053
————————
HOUSE BILL NO. 940
BY REPRESENTATIVE MONTOUCET
A JOINT RESOLUTION
Proposing to amend Article I, Section 17(A) of the
Constitution of Louisiana, relative to jury trials in criminal cases; to provide with respect to the waiver of a trial by jury; to provide that a criminal defendant’s waiver of a jury trial no later than forty-five days prior to the trial date; to provide for irrevocable waivers; to provide for submission of the proposed amendment to the electors; and to provide for related matters.
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members elected to each house concurring, that there shall be submitted to the electors of the state of Louisiana, for their approval or rejection in the manner provided by law, a proposal to amend Article I, Section 17(A) of the Constitution of Louisiana, to read as follows:
ß17. Jury Trial in Criminal Cases; Joinder of Felonies; Mode of Trial
Section 17.(A) Jury Trial in Criminal Cases. A criminal case in which the punishment may be capital shall be tried before a jury of twelve persons, all of whom must concur to render a verdict. A case in which the punishment is necessarily confinement at hard labor shall be tried before a jury of twelve persons, ten of whom must concur to render a verdict. A case in which the punishment may be confinement at hard labor or confinement without hard labor for more than six months shall be tried before a jury of six persons, all of whom must concur to render a verdict. The accused shall have a right to full voir dire examination of prospective jurors and to challenge jurors peremptorily. The number of challenges shall be fixed by law. Except in capital cases, a defendant may knowingly and intelligently waive his right to a trial by jury but no later than forty-five days prior to the trial date and the waiver shall be irrevocable.
* * *
Section 2. Be it further resolved that this proposed amendment shall be submitted to the electors of the state of Louisiana at the statewide election to be held on November 2, 2010.
Section 3. Be it further resolved that on the official ballot to be used at said election there shall be printed a proposition, upon which the electors of the state shall be permitted to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall read as follows:
To permit criminal defendants, except incapital cases, to waive their right to a trial by jury no later than forty-five days prior to the trial date.
(Amends Article I, Section 17(A))
A true copy:
Jay Dardenne
Secretary of State
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