Louisiana 2010 2010 Regular Session

Louisiana House Bill HB993 Introduced / Bill

                    HLS 10RS-1053	ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 993
BY REPRESENTATIVE GREENE
TAX/AD VALOREM TAX: (Constitutional Amendment) Increases the level of assessed
valuation of property at which the homestead exemption applies
A JOINT RESOLUTION1
Proposing to amend Article VII, Section 20(A)(1) and 23(B) of the Constitution of2
Louisiana, relative to the amount of assessed valuation at which the homestead3
exemption applies; to increase the level of assessed valuation of property at which4
the homestead exemption applies; to provide for implementation; to provide for an5
effective date; to provide for submission of the proposed amendment to the electors;6
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, for9
their approval or rejection in the manner provided by law, a proposal to amend Article VII,10
Section 20(A)(1) and 23(B) of the Constitution of Louisiana, to read as follows: 11
§20.  Homestead Exemption12
Section 20.(A)  Homeowners.13
(1) The bona fide homestead, consisting of a tract of land or two or more14
tracts of land even if the land is classified and assessed at use value pursuant to15
Article VII, Section 18(C) of this constitution, with a residence on one tract and a16
field with or without timber on it, pasture, or garden on the other tract or tracts, not17
exceeding one hundred sixty acres, buildings and appurtenances, whether rural or18
urban, owned and occupied by any person or persons owning the property in19
indivision, shall be exempt from state, parish, and special ad valorem taxes to the20
extent of seven thousand five hundred dollars of the assessed valuation which is in21 HLS 10RS-1053	ORIGINAL
HB NO. 993
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excess of the first two thousand dollars of the assessed valuation.  The same1
homestead exemption shall also fully apply to the primary residence, including a2
mobile home, which serves as a bona fide home and which is owned and occupied3
by any person or persons owning the property in indivision, regardless of whether4
the homeowner owns the land upon which the home or mobile home is sited;5
however, this homestead exemption shall not apply to the land upon which such6
primary residence is sited if the homeowner does not own the land.7
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§23.  Adjustment of Ad Valorem Tax Millages9
Section 23.10
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(B) Subsequent Adjustments.  Except as otherwise permitted in this Section,12
the total amount of ad valorem taxes collected by any taxing authority in the year in13
which the reappraisal and valuation provisions of Section 18, Paragraph (F) of this14
Article are implemented shall not be increased or decreased because of a reappraisal15
or valuation or increases or decreases in the homestead exemption above or below16
the total amount of ad valorem taxes collected by that taxing authority in the year17
preceding implementation of the reappraisal and valuation. To accomplish this18
result, the provisions of millage adjustments relative to implementation of Section19
18 and Section 20 of this Article, as set forth in Paragraph (A) of this Section shall20
be mandatory.  Thereafter, following implementation of each subsequent reappraisal21
and valuation required by Paragraph (F) of Section 18 of this Article, the millages22
as fixed in each such implementation shall remain in effect unless changed as23
permitted by Paragraph (C) of this Section. The implementation of the increase in24
the amount of assessed valuation at which the homestead exemption shall apply25
pursuant to the provisions of Subparagraph (A)(1) of Section 20 of this Article,26
which provision becomes effective January 1, 2012, shall neither trigger nor be cause27
for a reappraisal of property, or an adjustment of millages pursuant to this Paragraph.28
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HB NO. 993
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Section 2.  Be it further resolved that, if approved by the voters, this proposed1
amendment shall be effective beginning January 1, 2012.2
Section 3. Be it further resolved that this proposed amendment shall be submitted3
to the electors of the state of Louisiana at the statewide election to be held on November 2,4
2010.5
Section 4. Be it further resolved that on the official ballot to be used at said election6
there shall be printed a proposition, upon which the electors of the state shall be permitted7
to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall8
read as follows:9
To increase the level of assessed value at which the homestead exemption applies by10
making the first twenty thousand dollars of a homestead's value subject to property11
tax, with the homestead exemption applying to the next seventy-five thousand dollars12
of value, the implementation of which provision shall neither trigger nor be cause for13
a reappraisal or an adjustment of millages. (Effective January 1, 2012)(Amends14
Article VII, Section 20(A)(1) and 23(B))15
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)]
Greene	HB No. 993
Abstract: Increases the level of assessed valuation of property at which the homestead
exemption applies.
Present constitution exempts from certain property taxes the first $7,500 of assessed
valuation ($75,000 of fair market value) of a homestead.
Proposed constitutional amendment retains provisions of present constitution with respect
to the $7,500 homestead exemption and changes the level of assessed value at which the
homestead exemption applies.
Proposed constitutional amendment provides that the homestead exemption shall not apply
until after the first $2,000 of assessed valuation.  The first $20,000 of fair market property
value would be taxable, with the homestead exemption applicable for the next $75,000 in
fair market value.
Proposed constitutional amendment specifies that the implementation of proposed
constitutional amendment on Jan. 1, 2012, shall neither trigger nor be cause for a reappraisal
or millage adjustments pursuant to present constitution. HLS 10RS-1053	ORIGINAL
HB NO. 993
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Provides for submission of the proposed amendment to the voters at the statewide election
to be held Nov. 2, 2010.
(Amends Const. Art. VII, §§20(A)(1) and 23(B))