Louisiana 2010 Regular Session

Louisiana Senate Bill SB24 Latest Draft

Bill / Introduced Version

                            SLS 10RS-108	ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 24
BY SENATOR ALARIO 
TAX/AD VALOREM. Constitutional amendment to limit the increase in the assessed value
of real or immovable property upon reappraisal to the increase in the CPI except in certain
circumstances.  (1/1/11) (2/3 - CA13s1(A))
A JOINT RESOLUTION1
Proposing to amend Article VII, Sections 18(A) and (F) of the Constitution of Louisiana,2
relative to ad valorem taxation; to provide relative to changes in the assessed value3
of real or immovable property; and to specify an election for submission of the4
proposition to electors and provide a ballot proposition.5
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members6
elected to each house concurring, that there shall be submitted to the electors of the state, for7
their approval or rejection in the manner provided by law, a proposal to amend Article VII,8
Sections 18(A) and (F) of the Constitution of Louisiana, to read as follows:9
ARTICLE VII10
ยง18. Ad Valorem Taxes11
Section 18.12
(A) Assessments. Property subject to ad valorem taxation shall be listed on13
the assessment rolls at its assessed valuation, which, except as provided in14
Paragraphs (C), (F) and (G), shall be a percentage of its fair market value. The15
percentage of fair market value shall be uniform throughout the state upon the same16
class of property.17 SB NO. 24
SLS 10RS-108	ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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(F) Reappraisal. (1) All property subject to taxation shall be reappraised and2
valued in accordance with this Section, at intervals of not more than four years.3
(2)(a) Whenever the provisions of this Paragraph are implemented, the4
assessed value of real or immovable property shall not be increased by more5
than the percentage change in the Consumer Price Index as provided by the6
United States government except as provided in Item (b) of this Subparagraph.7
(b) If ownership of the property changes from the last time the8
provisions of this Paragraph have been implemented, the provisions of Item (a)9
of this Subparagraph shall not apply and such property shall be reappraised10
and assessed at the appropriate percentage of its fair market value as provided11
in this constitution except when either of the following occurs:12
(i) When the ownership of the property has changed due to a succession13
wherein the property is inherited by the surviving spouse or a descendant of the14
deceased in the direct descending line.15
(ii) Where there is a change in ownership, but the prior owner retains the16
benefits of the homestead exemption as provided in Section 20 of this Article.17
*          *          *18
Section 2. Be it further resolved that this proposed amendment shall become19
effective on January 1, 2011.20
Section 3. Be it further resolved that this proposed amendment shall be submitted21
to the electors of the state of Louisiana at the statewide election to be held on November 2,22
2010.23
Section 4. Be it further resolved that on the official ballot to be used at said election24
there shall be printed a proposition, upon which the electors of the state shall be permitted25
to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall26
read as follows:27
Prohibits the assessed value of real or immovable property from being28
increased upon reappraisal by more than the percentage change in the29 SB NO. 24
SLS 10RS-108	ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Consumer Price Index as reported by the United States government except1
when the ownership of the property has changed due to a succession wherein2
the property is inherited by the surviving spouse or a descendant of the3
deceased in the direct descending line or when there is a change in4
ownership, but the prior owner retains the homestead exemption.5
(Amends Article VII, Section 18(A) and (F))6
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Martha S. Hess.
DIGEST
Proposed constitutional amendment provides that the assessed value of real or immovable
property shall not be increased upon reappraisal by more than the percentage change in the
CPI, except when the ownership of the property has changed due to a succession wherein
the property is inherited by the surviving spouse or a descendant of the deceased in the direct
descending line or when there is a change in ownership, but the prior owner retains the
benefits of the homestead exemption.
Specifies submission of the amendment to the voters at the gubernatorial primary election
to be held on November 2, 2010.
Effective January 1, 2011.
(Amends Const. Art. VII, Sec. 18(A) and (F))