Louisiana 2012 2012 Regular Session

Louisiana House Bill HB497 Engrossed / Bill

                    HLS 12RS-1083	RE-REENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 497
BY REPRESENTATIVE BARRAS AND SENATOR MI LLS
TAX/AD VALOREM-EXEMPTION:  (Constitutional Amendment) Authorizes the city of
New Iberia to grant contracts for the exemption of property annexed by the city
A JOINT RESOLUTION1
Proposing to add Article VII, Section 21(L) of the Constitution of Louisiana, to authorize2
the governing authority of the city of New Iberia to grant ad valorem tax exemption3
contracts for certain property annexed by the city; to provide for the approval of4
contracts; to provide for certain contract limitations; to provide with respect to the5
assessment and taxation of property subject to a contract; to authorize the legislature6
to provide for implementation; 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 to add11
Article VII, Section 21(L) of the Constitution of Louisiana, to read as follows:12
§21.  Other Property Exemptions13
Section 21. In addition to the homestead exemption provided for in Section14
20 of this Article, the following property and no other shall be exempt from ad15
valorem taxation:16
*          *          *17
(L)  Property in New Iberia under contract as provided in this Paragraph.18
Notwithstanding any provision of this constitution to the contrary, the governing19
authority of New Iberia may enter into contracts for the exemption from ad valorem20
taxes on property that is annexed by New Iberia after January 1, 2013.  No such21 HLS 12RS-1083	RE-REENGROSSED
HB NO. 497
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
contract shall become effective unless it is approved by a two-thirds vote of the1
members of the governing authority of the city.  A contract shall grant the property2
owner an exemption from ad valorem taxes for a period of up to five calendar years,3
and contracts may be renewed for up to five additional years if the renewal is4
approved by a two-thirds vote of the members of the governing authority.  All5
property exempted pursuant to a contract shall be listed on the assessment rolls and6
submitted to the Louisiana Tax Commission or its successor, but no taxes shall be7
collected thereon during the period of exemption; however, the exemption authorized8
by this Paragraph shall in no way affect or impair the security of any bonds payable9
from the proceeds of a tax. The legislature may provide by law for implementation10
of the provisions of this Paragraph.11
Section 2. Be it further resolved that this proposed amendment shall be submitted12
to the electors of the state of Louisiana at the statewide election to be held on November 6,13
2012.14
Section 3. Be it further resolved that on the official ballot to be used at the election,15
there shall be printed a proposition, upon which the electors of the state shall be permitted16
to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as17
follows:18
Do you support an amendment to authorize the granting of ad valorem tax19
exemption contracts by the city of New Iberia for property annexed by the20
city after January 1, 2013? (Adds Article VII, Section 21(L))21
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)]
Barras	HB No. 497
Abstract: Authorizes the city of New Iberia to grant ad valorem tax exemption contracts
to owners of property annexed by the city after Jan. 1, 2013.
Present constitution authorizes various local governments to levy ad valorem taxes and
specifies the property that is exempt from such taxes. HLS 12RS-1083	RE-REENGROSSED
HB NO. 497
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed constitutional amendment retains present constitution and authorizes New Iberia
to enter contracts providing for property tax exemptions for property annexed by the city
after Jan. 1, 2013.  Provides that such contracts shall become effective only if approved by
2/3rds vote of the governing authority of New Iberia. Provides that a contract shall grant to
the owner of the annexed property a tax exemption for up to five calendar years and may be
renewed for an additional five years if renewal is approved by 2/3rds vote of the governing
authority. 
Proposed constitutional amendment requires that all property exempted pursuant to a
contract be listed on the assessment rolls, but no taxes shall be collected thereon during the
period of exemption; however, the exemption shall in no way affect or impair the security
of any bonds payable from the proceeds of a tax.
Proposed constitutional amendment authorizes the legislature to provide by law for its
implementation.
Provides for submission of the proposed amendment to the voters at the statewide election
to be held Nov. 6, 2012.
(Adds Const. Art. VII, §21(L))
Summary of Amendments Adopted by House
House Floor Amendments to the reengrossed joint resolution.
1. Adds provision specifying that renewal of a contract requires approval by a
2/3rds vote of the municipal governing authority.