HLS 10RS-2869 ORIGINAL Page 1 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2010 HOUSE BILL NO. 1401 BY REPRESENTATIVE NOWLIN TAX/AD VALOREM TAX: Provides relative to the notice of delinquent property taxes AN ACT1 To amend and reenact R.S. 47:2153(A), relative to the notice of delinquent property taxes;2 to require certain actions by the tax collector prior to the scheduling of a tax sale; to3 provide for the time within which to send notice; and to provide for related matters.4 Be it enacted by the Legislature of Louisiana:5 Section 1. R.S. 47:2153(A) is hereby amended and reenacted to read as follows: 6 ยง2153. Notice of delinquency and tax sale7 A. On the second day after the deadline for payment of taxes each year (1)8 No later than the first Monday of February of each year, or as soon thereafter as9 possible, the tax collector shall send a written notice by United States mail postage10 prepaid certified mail, return receipt requested, to each tax notice party when the tax11 debtor has not paid all the statutory impositions which have been assessed on12 immovable property, notifying the person that the statutory impositions on the13 immovable property shall be paid within twenty days after the sending of the notice14 or as soon thereafter before the tax sale is scheduled, or that tax sale title to the15 property will be sold according to law. The notice shall be sufficient if it is in the16 following form:17 HLS 10RS-2869 ORIGINAL HB NO. 1401 Page 2 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. "Year1 Ward Sect. Ass. # Property # Notice # ********PLEASE NOTE********2 [NAME OF POLITICAL SUBDIVISION] *By law your taxes are delinquent after3 December thirty-first. The law requires4 interest be charged as follows: A flat5 rate of one percent (1%) per month on6 delinquent ad valorem taxes.7 *If monies for payment of taxes are in8 escrow, please forward tax notice to your9 mortgage company.10 *If a receipt is requested, enclose a self-11 addressed stamped envelope along with12 your payment.13 *Please notify the sheriff's office or the14 assessor's office with all address15 changes.16 *For questions about assessed value or17 millages contact:18 Assessor's Office:19 Property Tax Dept:20 *Payment may be made online at21 HLS 10RS-2869 ORIGINAL HB NO. 1401 Page 3 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. *[DATE OF NOTICE]. If taxes are not1 paid within twenty days after this date,2 the political subdivision will proceed to3 sell tax sale title to the property at [list4 location of the tax sale] beginning on5 [list first day of sale]. You will have the6 right to pay the amounts due until the7 day before the actual sale. If tax sale8 title to the property is sold, you will have9 three years [or other applicable10 redemptive period] from the date of the11 filing of the tax sale certificate in which12 to redeem the property according to law,13 but in order to redeem, you will be14 required to pay a 5% penalty and 1% per15 month on the amounts past due together16 with other costs in accordance with law.17 HLS 10RS-2869 ORIGINAL HB NO. 1401 Page 4 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Total Assessed1 Value Tax2 Distributions3 MillagesHomestead Exemption Taxes and other Statutory Impositions Due Assessment Information [add taxing4 districts]5 [add amount of tax due each district] Total Assessed Value Property Description Total Statutory6 Impositions7 Due8 Interest9 Costs10 Total11 [Name of Tax Collector and Address]12 Total Statutory Impositions Due13 Interest14 Cost15 Total16 [Tax Collector Name]17 YEAR18 WARD SECT ASS.# PROPERTY NOTICE # Name of Tax Debtor19 [address]_______________________20 Make checks payable to: ________________________ [Tax Collector Name]21 Mail this portion of tax bill and payment to: ____________________[address]"22 HLS 10RS-2869 ORIGINAL HB NO. 1401 Page 5 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (2)(a) If a tax notice is returned to the tax collector as "undeliverable", or1 the tax collector has received no response from the tax debtor, he shall attempt to2 determine the physical address of the tax notice party by contacting public utility or3 telecommunications service providers which serve the area in which the property is4 located. Public utility and telecommunications service providers shall provide to the5 tax collector, upon his written request, the physical address of the person responsible6 for paying for their services at the respective property. No other customer7 information shall be provided to the tax collector.8 (b) In the event the tax collector obtains a new physical address for the tax9 notice party from a public utility or telecommunication company, a second notice of10 the taxes due and the impending tax sale shall be sent to the new physical address by11 certified mail, return receipt requested.12 (c) The effort by the tax collector to determine a tax notice party's physical13 address or to issue a second notice of the taxes due, as provided in this Paragraph,14 shall not delay or otherwise alter the publishing of the tax notice or the sale of the15 property as provided in Subsection B of this Section.16 * * *17 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] Nowlin HB No. 1401 Abstract: Regarding the mailing of delinquent tax notices by a tax collector, changes the deadline for mailing the notice from the second day after the tax due date to Feb. 1, and requires the tax collector to attempt to find a correct address for the tax notice party if the tax notice is returned as "undeliverable" or the tax debtor fails to respond. Present law provides that on the second day after the deadline for payment of ad valorem taxes each year, or as soon thereafter as possible, the tax collector shall send a written notice by U.S. mail postage prepaid to each tax notice party when the tax debtor has not paid all the statutory impositions which have been assessed on the immovable property. Proposed law retains present law, but changes the deadline for sending notice from the second day after the taxes are due to the first Monday in February and requires that the notice be sent by certified mail rather than U.S. postage prepaid. HLS 10RS-2869 ORIGINAL HB NO. 1401 Page 6 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Proposed law requires a tax collector, in the event a tax notice is returned as "undeliverable" or the tax debtor does not respond, to attempt to determine the physical address of the tax notice party by contacting the local public utility or telecommunications service providers. These service providers shall provide to the tax collector, upon his written request, the physical address of the person responsible for paying for their services at the respective property. No other customer information shall be provided to the tax collector. If the tax collector obtains a new physical address for the tax notice party from either of these service provides, a second notice of the taxes due and the impending tax sale shall be sent to the new address by certified mail, return receipt requested. Proposed law specifies that the efforts by the tax collector to determine a tax notice party's physical address or to issue a second notice of the taxes due, as provided in proposed law, shall not delay or otherwise alter the publishing of the tax notice or the sale of the property as provided in present law. (Amends R.S. 47:2153(A))