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Voters Will Decide Tax For TOPS

Lawmakers who mourned defeat after Gov. Bobby Jindal vetoed a cigarette tax renewal celebrated victory Thursday night with approval of a constitutional amendment tying the tax renewal with dedicating cigarettes revenues to the TOPS scholarship program.

Voters will decide this fall whether the tax will be renewed and at the same time decide whether TOPS will have a permanent funding source.

Even Jindal expressed satisfaction with the passage because "people will get to vote" on the issue.

Sen. John Alario, R-Westwego, put off until the final hour of the session asking the Senate to agree with the House amendments to his constitutional amendment and the enacting legislation. He sent both bills to a conference committee to iron out language problems, so both the House and Senate had to vote again Thursday.

Sen. Robert Adley, R-Benton, questioned Alario about whether a lawsuit could challenge the cigarette tax portion.

Alario said the different parts of the amendment are severable, so if one is successfully challenged, the other could survive.

"If there is an exception, they should get to the courthouse in a hurry," Adley said shortly before the Senate voted 38-0 to approve the bills.

In the House, Speaker Jim Tucker, R-Terrytown, said both measures would benefit the state.

"This bill is a combination of two good policies, and I think the people of this state are going to go out and overwhelmingly support it," he said.

The House voted 97-4 in favor of the constitutional amendment and the enacting legislation.

TOPS would not be fully funded by the proposal but it would free up about $90 million in state general funds to use for other services. The TOPS program is expected to cost $130 million next year.

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