HLS 10RS-1566 ORIGINAL Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2010 HOUSE BILL NO. 696 BY REPRESENTATIVE RITCHIE TAX/AD VALOREM TAX: (Constitutional Amendment) Provides for transfer of the special assessment level to new property purchased to replace expropriated property A JOINT RESOLUTION1 Proposing to add Article VII, Section 18(G)(6) of the Constitution of Louisiana, relative to2 the special assessment level when the homestead has been sold or expropriated under3 certain circumstances; to authorize the transfer of the special assessment level to a4 new homestead in cases where a homestead has been sold or expropriated under5 certain circumstances; to provide for submission of the proposed amendment to the6 electors; and to provide for related matters.7 Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members8 elected to each house concurring, that there shall be submitted to the electors of the state of9 Louisiana, for their approval or rejection in the manner provided by law, a proposal to add10 Article VII, Section 18(G)(6) of the Constitution of Louisiana, to read as follows:11 §18. Ad Valorem Taxes12 Section 18.(A)13 * * *14 (G)(1) Special Assessment Level.15 * * *16 (6) The special assessment level on property that has been sold to or17 expropriated by the federal government, state government, or any local governing18 authority or political subdivision shall be transferred to the new property of the19 owner entitled to the special assessment level and shall remain in effect on the new20 HLS 10RS-1566 ORIGINAL HB NO. 696 Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. property at the same special assessment level of the property that was sold or1 expropriated, provided the owner entitled to the special assessment level remains the2 owner of the new property. The provisions of this Paragraph shall only apply to new3 property acquired by an owner entitled to the special assessment level which is4 acquired no later than twenty-four months after the expropriation or sale has become5 final and funds have been disbursed and which is similar in nature, has a fair market6 value which does not exceed two hundred percent of the fair market value of the7 property sold or expropriated, and is intended to replace the property sold to or8 expropriated by the federal government, state government, or a local governing9 authority or political subdivision.10 Section 2. Be it further resolved that this proposed amendment shall be submitted11 to the electors of the state of Louisiana at the statewide election to be held on November 2,12 2010.13 Section 3. Be it further resolved that on the official ballot to be used at said election14 there shall be printed a proposition, upon which the electors of the state shall be permitted15 to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall16 read as follows:17 To authorize the transfer of the special assessment level on property when the18 property for which the special assessment level applies has been sold to or19 expropriated by the federal government, state government, or a local20 governing authority or political subdivision. (Adds Article VII, Section21 18(G)(6))22 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)] Ritchie HB No. 696 Abstract: Authorizes the transfer of the special assessment level on property when the property for which the special assessment level applies has been sold to or expropriated by a federal, state, or local governing authority or political subdivision. HLS 10RS-1566 ORIGINAL HB NO. 696 Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Present constitution provides for the valuation and classification of property subject to ad valorem property taxation. Further provides for the assessment of residential property receiving the homestead exemption which is owned or occupied by persons who meet requirements and qualify for a special assessment level which prohibits the total assessment of such property from being increased, provided such person remains qualified for and receives the special assessment level. Proposed constitutional amendment provides that the special assessment level on property that is sold to or expropriated by a federal, state, or local governing authority or political subdivision shall be transferred to the new property of the owner entitled to the special assessment level and shall remain in effect on the new property at the same special assessment level of the property that was sold or expropriated, provided the owner entitled to the special assessment level remains the owner of the new property. Proposed constitutional amendment further requires that the new property acquired by an owner entitled to the special assessment be acquired no later than 24 months after the expropriation or sale becomes final and funds have been disbursed and which is similar in nature, has a fair market value which does not exceed 200% of the fair market value of the property sold or expropriated, and is intended to replace the property sold to or expropriated by the federal, state, or a local governing authority or political subdivision. Provides for submission of the proposed amendment to the voters at the statewide election to be held Nov. 2, 2010. (Adds Const. Art. VII, §18(G)(6))