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Regular Session, 2010
SENATE BILL NO. 20
BY SENATOR MURRAY
TAX/AD VALOREM. Companion bill to constitutional amendment which extends the time
period in which the owner of a homestead must reoccupy the homestead in order to retain
the homestead's homestead exemption or its special assessment level from five years from
December 31
st
of the year in which a disaster or emergency occurs to ten years from that
date. (See Act)
AN ACT1
To amend and reenact R.S. 47:1703(E), relative to ad valorem property tax exemptions and2
assessments; to extend certain time periods in which the homestead exemption or a3
special assessment level on property damaged or destroyed in certain disasters or4
emergencies may be retained; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 47:1703(E) is hereby amended and reenacted to read as follows: 7
ยง1703. Exemptions 8
* * *9
E. Property damaged during a disaster or emergency. (1) Any homestead10
receiving the homestead exemption that is damaged or destroyed during a disaster11
or emergency declared by the governor whose owner is unable to occupy the12
homestead on or before December thirty-first of a calendar year due to such damage13
or destruction shall be entitled to claim the exemption by filing with the assessor of14
the parish in which the homestead was located, an annual affidavit of intent to return15
and reoccupy the homestead within a period of five ten years from December thirty-16
first of the tax year in which the disaster occurred. In no event shall more than one17 SB NO. 20
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homestead exemption extend or apply to any person in this state.1
(2) Any owner entitled to the special assessment level set forth in Article VII,2
Section 18(G) of the Constitution of Louisiana who is unable to occupy the3
homestead on or before December thirty-first of a future calendar year due to4
damage or destruction of the homestead caused by a disaster or emergency declared5
by the governor shall be entitled to keep the special assessment level of the6
homestead prior to its damage or destruction on the repaired or rebuilt homestead7
provided the repaired or rebuilt homestead is occupied by the owner within five ten8
years from December thirty-first of the year following the disaster. The assessed9
value of the land and buildings on which the homestead was located prior to its10
damage shall not be increased above its assessed value immediately prior to the11
damage or destruction described in this Paragraph. If the property owner receives a12
homestead exemption on another homestead during the same five-year ten-year13
period, the damaged or destroyed property shall not be entitled to keep the special14
assessment level, and the land and buildings shall be assessed in that year at the15
percentage of fair market value set forth in the constitution. In addition, the owner16
must also maintain the homestead exemption set forth in Article VII, Section17
20(A)(10) of the Constitution of Louisiana to qualify for the special assessment level18
set forth in Article VII, Section 18(G)(5) of the Constitution of Louisiana.19
Section 2. This Act shall take effect and become operative if, as, and when the20
proposed amendment of Article VII, Section 18(G)(5) and Article VII, Section 20(A)(10)21
of the Constitution of Louisiana contained in the Act which originated as Senate Bill No.22
____ of this 2010 Regular Session of the Legislature is adopted at the statewide election to23
be held on November 2, 2010.24
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Riley Boudreaux.
DIGEST
Present law statutorily recognizes the requirement in Const. Art. VII, Sec. 20(A)(10) which
authorizes homesteads whose owners are unable to occupy them on or before December 31
st
of a calendar year due to damage or destruction during a disaster or emergency declared by
the governor to retain the exemption by filing an annual affidavit of intent to return and SB NO. 20
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reoccupy the homestead within five years from December 31
st
of the year following the
disaster with the assessor within the parish or district where the homestead is situated.
Present law statutorily recognizes the requirement in Const. Art. VII, Sec. 18(G)(5) which
authorizes owners entitled to the "special assessment level" who are unable to occupy their
homesteads on or before December 31
st
of a "future" calendar year due to damage or
destruction of the homestead caused by a disaster or emergency declared by the governor to
retain the "special assessment level" of the homestead prior to its damage or destruction on
the repaired or rebuilt homestead provided the repaired or rebuilt homestead is reoccupied
by the owner within five years from December 31
st
of the year following the disaster.
Proposed law is a companion bill to extend both 5-year periods to ten-year periods if, as and
when the constitutional amendment contained in SB No. _____ is adopted by the electorate.
Effective if, as, and when the proposed amendment of Const. Art. VII, Secs. 18(G)(5) and
20(A)(10) contained in Senate Bill No. ____ is adopted at the statewide election to be held
on Nov. 2, 2010.
(Amends R.S. 47:1703(E))