HLS 11RS-846 ORIGINAL Page 1 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2011 HOUSE BILL NO. 483 BY REPRESENTATIVE DOWNS Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. TAX/MOTOR VEHICLE: (Constitutional Amendment) Increases the motor vehicle license tax on private automobiles and establishes the Transportation and Infrastructure Growth of Economy through Roads (TIGER) Fund A JOINT RESOLUTION1 Proposing to amend Article VII, Section 5 and to enact Article VII, Section 10.13 of the2 Constitution of Louisiana, relative to the motor vehicle license tax; to increase the3 motor vehicle license tax on automobiles for private use; to establish the4 Transportation and Infrastructure Growth of Economy through Roads (TIGER)5 Fund; to provide for the deposit into, use, and investment of monies in the fund; to6 provide for an effective date; to provide for submission of the proposed amendment7 to the electors; and to provide for related matters.8 Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members9 elected to each house concurring, that there shall be submitted to the electors of the state of10 Louisiana, for their approval or rejection in the manner provided by law, a proposal to11 amend Article VII, Section 5 and to enact Article VII, Section 10.13 of the Constitution of12 Louisiana, to read as follows:13 §5. Motor Vehicle License Tax 14 Section 5. The legislature shall impose an annual license tax of not more15 than one dollar per each one thousand dollars of actual value on automobiles for16 private use based on the actual value of the vehicle, as provided by law. However,17 the annual license tax shall not be less than ten thirty dollars per automobile for18 private use. On other motor vehicles, the legislature shall impose an annual license19 HLS 11RS-846 ORIGINAL HB NO. 483 Page 2 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. tax based upon carrying capacity, horsepower, value, weight, or any of these. After1 satisfying the requirements of Section 9(B) of this Article, and after satisfying2 pledges respecting that portion of the revenues attributable to the tax rates in effect3 at the time of such pledges for the payment of obligations for bonds or other4 evidences of indebtedness and upon the creation of a Transportation Trust Fund5 within this constitution, the revenues from an amount equal to thirty-four percent of6 the avails of the license tax on automobiles for private use shall be deposited therein7 into the Transportation Trust Fund, and an amount equal to sixty-six percent of the8 avails of the license tax on automobiles for private use shall be deposited into the9 Transportation and Infrastructure Growth of Economy through Roads Fund as10 created in Article VII, Section 10.13 of this constitution. In the event no such trust11 fund is established in this constitution, the revenues shall be used exclusively and12 solely as provided by law for the construction, maintenance, and safety of the federal13 and state system of roads and bridges, for the parish and municipal road systems, for14 the operations of the office of state police, Department of Public Safety and15 Corrections or its successor, and for the payment of any obligation for bonds issued16 or indebtedness incurred in connection with any of the foregoing, which bonds may17 be issued as revenue bonds under Article VII, Section 6(C) of this constitution,18 subject to existing pledges only as to that portion of the tax collections attributable19 to the rates in effect at the time of such pledges for the payment of any obligations20 for bonds or other evidences of indebtedness outstanding on the effective date of this21 Section. No parish or municipality may impose a license fee on motor vehicles.22 * * *23 §10.13. Transportation and Infrastructure Growth of Economy through Roads Fund24 Section 10.13.(A) The Transportation and Infrastructure Growth of Economy25 through Roads Fund, hereinafter referred to as the "TIGER" Fund, is established in26 the state treasury as a special fund to provide funding for engineering and27 construction costs for completion of the highway projects provided for in Paragraph28 (B) of this Section. After allocation of monies to the Bond Security and Redemption29 HLS 11RS-846 ORIGINAL HB NO. 483 Page 3 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Fund as required by Article VII, Section 9(B) of this constitution, the treasurer shall1 deposit in and credit to the TIGER Fund all remaining monies received from the2 avails of the annual tax levied on motor vehicle registration or licenses. Monies in3 the TIGER Fund shall be invested in the same manner as the state general fund, and4 all interest income on such investment shall be deposited into the TIGER Fund.5 B.(1) The treasurer shall make distributions from the TIGER Fund on the last6 day of December and June of each year. Monies appropriated from the TIGER Fund7 shall be used solely for construction and engineering costs associated with the8 following highway projects in the following amounts:9 (a) La. 42 Widening in Ascension Parish$20 million10 (b) I-10 Widening (Highland to LA 74) in11 Ascension Parish $90 million12 (c) I-49 North, Segment K in Caddo Parish$100 million13 (d) I-49 Connector I-20 to I-220 in Caddo Parish$15 million14 (e) Jimmy Davis Bridge in Bossier15 and Caddo Parishes $100 million16 (f) Cove Lane/ Nelson Rd. Corridor in17 Calcasieu Parish $80 million18 (g) I-10 Calcasieu River Bridge in Calcasieu19 Parish $80 million20 (h) US 84 Widening from US 425b to21 the West in Concordia Parish $20 million22 (i) I-10 Widening (I-110 to I-12) in East23 Baton Rouge Parish $300 million24 (j) Pecue Interchange at I-10 in East25 Baton Rouge Parish $35 million26 (k) Baton Rouge North Bypass in East27 Baton Rouge and Livingston Parishes $25 million28 HLS 11RS-846 ORIGINAL HB NO. 483 Page 4 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (l) La. 408 Hooper Road in East1 Baton Rouge and Livingston Parishes $15 million2 (m) US 90 Railroad Overpass in Iberia Parish$15 million3 (n) La. 1 Rehabilitation/Reconstruction4 in Iberville Parish $10 million5 (o) I-10 (Williams-Veterans) in Jefferson Parish$72 million6 (p) I-10 (Loyola-Williams) in Jefferson Parish$14 million7 (q) I-49 South (La. 88 to Airport) in8 Lafayette Parish $250 million9 (r) Lafayette Bypass in Lafayette Parish $25 million10 (s) La. 1 (Golden Meadow-Leesville)11 in Lafourche Parish $50 million12 (t) Rough Edge Road Interchange in13 Lincoln Parish $60 million14 (u) Juban Road (I-12 to US 190) in15 Livingston Parish $15 million16 (v) Walker Interchange at I-12 in17 Livingston Parish $50 million18 (w) Bastrop Bypass in Morehouse Parish $30 million19 (x) Almonaster Bridge in Orleans Parish$40 million20 (y) Ouachita River Bridge in Ouachita Parish$20 million21 (z) La. 616 Widening in Ouachita Parish$25 million22 (aa) Kansas Lane - Garrett Road 23 Connector in Ouachita Parish $20 million24 (bb) Kansas Lane Extension in Ouachita Parish$10 million25 (cc) Belle Chasse Tunnel Replacement26 in Plaquemines Parish $55 million27 (dd) Fort Buhlow Bridge in Rapides Parish $40 million28 HLS 11RS-846 ORIGINAL HB NO. 483 Page 5 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (ee) Widening LA 28 (End of 4-lane-Libuse)1 in Rapides Parish $30 million2 (ff) St. Bernard Highway in St. Bernard Parish$40 million3 (gg) I-12 (US 11 - Northshore/ Airport Rd.)4 in St. Tammany Parish $55 million5 (hh) La. 433 to US 11 in St. Tammany Parish$40 million6 (ii) La. 22 - Atalin (4L of 3L Sect.) in7 St. Tammany Parish $10 million8 (jj) La. 311 (LA 664 - Savanne Rd.) in9 Terrebonne Parish $40 million10 (kk) Farmerville Truck Route in Union Parish$25 million11 (ll) Abbeville Bypass in Vermillion Parish$35 million12 (mm) US 171 Near Ft. Polk in Vernon Parish$15 million13 (nn) Intercoastal Bridge in West Baton14 Rouge Parish $80 million15 (oo) La. 531 Overpass in Webster Parish$20 million16 (pp) LA 156 Reconstruction in Winn Parish$10 million17 (2) Construction on projects provided for in this Paragraph shall begin or18 shall be completed no later than January 1, 2017. No monies in the TIGER Fund19 shall be used for administrative costs of the Department of Transportation and20 Development.21 (3) At the discretion of the secretary of the Department of Transportation and22 Development, the Department of Transportation and Development may issue bonds23 or any refunding bonds in accordance with law, or other indebtedness for24 construction and completion of the projects enumerated in this Paragraph and25 payable from the monies appropriated from the TIGER Fund; however, monies in26 the TIGER Fund shall not be used to secure any debt issued for purposes other than27 those provided for in this Paragraph. In any year in which the balance of the monies28 in the TIGER Fund exceeds two hundred million dollars, notwithstanding the29 HLS 11RS-846 ORIGINAL HB NO. 483 Page 6 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. provisions of Paragraph (1) of this Section, the amount of monies in excess of two1 hundred million dollars shall be used solely to pay debt service on any bonds or2 indebtedness secured by monies in the fund.3 Section 2. Be it further resolved that the provisions of this amendment shall become4 effective on January 1, 2012. 5 Section 3. Be it further resolved that this proposed amendment shall be submitted6 to the electors of the state of Louisiana at the statewide election to be held on October 22,7 2011.8 Section 4. Be it further resolved that on the official ballot to be used at said election9 there shall be printed a proposition, upon which the electors of the state shall be permitted10 to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall11 read as follows:12 To increase the minimum motor vehicle license tax for automobiles for13 private use; to establish the Transportation and Infrastructure Growth of14 Economy through Roads (TIGER) Fund; to provide for the use of the monies15 in the fund. (January 1, 2012) (Amends Article VII, Section 5; Adds Article16 VII, Section 10.13)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)] Downs HB No. 483 Abstract: Increases the minimum annual license tax on automobiles for private use from $10 to $30, creates the Transportation and Infrastructure Growth of Economy through Roads (TIGER) Fund, and specifies projects to be funded. Present constitution authorizes the levy of an annual license tax on automobiles for private use of not less than $1 for each $1,000 of actual value. However, the minimum annual license tax shall not be less than $10. Present constitution requires the avails of the annual license tax to be deposited into the Transportation Trust Fund. Proposed constitutional amendment changes present constitution by increasing the minimum annual license tax from $10 to $30 and requiring 66% of the avails of the license tax on automobiles for private use to be deposited into the Transportation and Infrastructure Growth of Economy through Roads (TIGER) Fund. HLS 11RS-846 ORIGINAL HB NO. 483 Page 7 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Proposed constitutional amendment establishes the Transportation and Infrastructure Growth of Economy through Roads Fund, hereinafter referred to as the "TIGER" Fund, as a special fund in the state treasury to provide funding for engineering and construction costs for completion of specific highway projects. Proposed constitutional amendment requires the treasurer to deposit in and credit to the TIGER Fund all remaining monies received from the avails of the tax levied on motor vehicle licenses. Requires all monies in the TIGER Fund to be invested in the same manner as the state general fund, and all interest income on such investment shall be deposited into the TIGER Fund. Proposed constitutional amendment restricts the monies in the TIGER Fund for construction and engineering costs associated with the following highway projects in the following amounts: (1)La. 42 Widening in Ascension Parish $20 million (2)I-10 Widening (Highland to LA 74) in Ascension Parish$90 million (3)I-49 North, Segment K in Caddo Parish $100 million (4)I-49 Connector I-20 to I-220 in Caddo Parish $15 million (5)Jimmy Davis Bridge in Caddo and Bossier Parishes $100 million (6)Cove Lane/ Nelson Rd. Corridor in Calcasieu Parish$80 million (7)I-10 Calcasieu River Bridge in Calcasieu Parish$80 million (8)US 84 Widening from US 425b to the West in Concordia Parish $20 million (9)I-10 Widening (I-110 to I-12) in East Baton Rouge Parish $300 million (10)Pecue Interchange at I-10 in East Baton Rouge Parish $35 million (11)Baton Rouge North Bypass East Baton Rouge and Livingston Parishes $25 million (l2)La. 408 Hooper Road in East Baton Rouge and Livingston Parishes $15 million (13)US 90 Railroad Overpass in Iberia Parish $15 million (14)La. 1 Rehabilitation/Reconstruction in Iberville Parish $10 million (15)I-10 (Williams-Veterans) in Jefferson Parish $72 million (16)I-10 (Loyola-Williams) in Jefferson Parish $14 million (17)I-49 South (La. 88 to Airport) in Lafayette Parish $250 million (18)Lafayette Bypass in Lafayette Parish $25 million (19)La. 1 (Golden Meadow-Leesville) in Lafourche Parish$50 million (20)Rough Edge Road Interchange in Lincoln Parish $60 million (21)Juban Road (I-12 to US 190) in Livingston Parish $15 million (22)Walker Interchange at I-12 in Livingston Parish $50 million (23)Bastrop Bypass in Morehouse Parish $30 million (24)Almonaster Bridge in Orleans Parish $40 million (25)Ouachita River Bridge in Ouachita Parish $20 million (26)La. 616 Widening in Ouachita Parish $25 million (27)Kansas Lane - Garrett Road Connector in Ouachita Parish$20 million (28)Kansas Lane Extension in Ouachita Parish $10 million (29)Belle Chasse Tunnel Replacement in Plaquemines Parish$55 million (30)Fort Buhlow Bridge in Rapides Parish $40 million (31)Widening LA 28 (End of 4-lane-Libuse) in Rapides Parish$30 million (32)St. Bernard Highway in St. Bernard Parish $40 million (33)I-12 (US 11 - Northshore/ Airport Rd.) in St. Tammany Parish $55 million (34)La. 433 to US 11 in St. Tammany Parish $40 million (35)La. 22 - Atalin (4L of 3L Sect.) in St. Tammany Parish $10 million (36)La. 311 (LA 664 - Savanne Rd.) in Terrebonne Parish$40 million (37)Farmerville Truck Route in Union Parish $25 million (38)Abbeville Bypass in Vermillion Parish $35 million (39)US 171 Near Ft. Polk in Vernon Parish $15 million HLS 11RS-846 ORIGINAL HB NO. 483 Page 8 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (40)Intercoastal Bridge in West Baton Rouge Parish$80 million (41)La. 531 Overpass in Webster Parish $20 million (42)LA 156 Reconstruction in Winn Parish $10 million Proposed constitutional amendment requires construction projects to begin or be completed no later than Jan. 1, 2017. No monies in the TIGER Fund shall be used for administrative costs of the Dept. of Transportation and Development. Proposed constitutional amendment authorizes the Dept. of Transportation and Development, at the discretion of the secretary to issue bonds or any refunding bonds in accordance with law for construction and completion of the projects payable from the monies appropriated from the TIGER Fund. However, no such monies shall be used to secure any debt issued for purposes other than those provided for in proposed constitutional amendment. In any year in which the balance of the monies in the TIGER Fund exceeds $200 million, the amount of monies in excess of $200 million shall be used solely to pay debt service on the bonds secured by monies in the fund. Effective Jan. 1, 2012. Provides for submission of the proposed amendment to the voters at the statewide election to be held October 22, 2011. (Amends Const. Art. 7, §5; Adds Const. Art. 7, §10.13)