HLS 12RS-704 ENGROSSED Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2012 HOUSE BILL NO. 674 BY REPRESENTATIVE ROBIDEAUX TAX/AD VALOREM-EXEMPTION: (Constitutional Amendment) Authorizes the granting of ad varlorem tax exemption contracts by the Board of Commerce and Industry for certain businesses A JOINT RESOLUTION1 Proposing to add Article VII, Section 21(L) of the Constitution of Louisiana, to authorize2 the granting of ad valorem tax exemption contracts to certain businesses; to authorize3 the Board of Commerce and Industry to enter into contracts; to provide with respect4 to contract approvals; to provide for certain contract limitations; to provide with5 respect to the assessment and taxation of property subject to a contract; to require the6 legislature to establish a program for the granting of contracts; to provide for7 effectiveness; to provide for submission of the proposed amendment to the electors;8 and to provide for related matters.9 Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members10 elected to each house concurring, that there shall be submitted to the electors of the state of11 Louisiana, for their approval or rejection in the manner provided by law, a proposal to add12 Article VII, Section 21(L) of the Constitution of Louisiana, to read as follows:13 §21. Other Property Exemptions14 Section 21. In addition to the homestead exemption provided for in Section15 20 of this Article, the following property and no other shall be exempt from ad16 valorem taxation:17 * * *18 HLS 12RS-704 ENGROSSED HB NO. 674 Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (L)(1) Notwithstanding any provision of this constitution to the contrary, the1 State Board of Commerce and Industry or its successor may enter into a contract for2 the exemption from ad valorem taxes of property owned by an eligible business3 which is located in a parish which has agreed to participate in a program for the4 granting of such contracts. The contract shall be subject to approval by the governor5 and shall be made on such terms and conditions as deemed by the board to be in the6 best interest of the state. The legislature may provide by law for approval of7 contracts by the board and the parish governing authority.8 (2) The contract shall be for an initial term of no more than five calendar9 years, subject to renewals as provided by law. The renewal of a contract shall not10 be contingent upon the continued participation in the program by a parish.11 (3) All property exempted pursuant to a contract shall be listed on the12 assessment rolls and submitted to the Louisiana Tax Commission or its successor,13 but no taxes shall be collected thereon during the period of exemption; however, the14 exemption shall in no way affect or impair the security of any existing bonds payable15 from the proceeds of a tax.16 (4) The legislature shall establish a program for the granting of contracts,17 except for provisions governing the inclusion or exclusion of specific taxes which18 shall be as provided in this Paragraph. 19 Section 2. Be it further resolved that this proposed amendment shall be submitted20 to the electors of the state of Louisiana at the statewide election to be held on November 6,21 2012.22 Section 3. Be it further resolved that the provisions of the amendment contained in23 this Joint Resolution shall become effective on January 1, 2013.24 Section 4. Be it further resolved that on the official ballot to be used at the election,25 there shall be printed a proposition, upon which the electors of the state shall be permitted26 to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as27 follows:28 HLS 12RS-704 ENGROSSED HB NO. 674 Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Do you support an amendment to authorize the granting of ad valorem tax1 exemption contracts by the Board of Commerce and Industry for businesses2 located in parishes which have chosen to participate in a program established3 for the granting of such contracts? (Effective January 1, 2013) (Adds Article4 VII, Section 21(L))5 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)] Robideaux HB No. 674 Abstract: Authorizes the Board of Commerce and Industry to grant ad valorem tax exemption contracts for businesses located in parishes participating in a program for the granting of such tax exemptions. Proposed constitution authorizes the granting of an ad valorem tax exemption contract by the State Board of Commerce and Industry, hereinafter "board", or its successor for the property of an eligible business which is located in a parish which has agreed to participate in the program. Contracts are subject to gubernatorial approval and shall be made on such terms and conditions as deemed by the board to be in the best interest of the state. The legislature is authorized to provide by law for approval of contracts by the parish governing authority and the board. Proposed constitution 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 existing bonds payable from the proceeds of a tax. Proposed constitution provides that the initial term of a contract shall be up to five calendar years, and may be renewed as provided by law. The renewal of a contract shall not be contingent upon a parish's continued participation in the program. Proposed constitution directs the legislature to establish a program for the granting of contracts, with the exception that provisions regarding specific taxes shall be as provided in proposed constitution. Provides for submission of the proposed amendment to the voters at the statewide election to be held Nov. 6, 2012. Effective Jan. 1, 2013. (Adds Const. Art. VII, §21(L)) Summary of Amendments Adopted by House Committee Amendments Proposed by House Committee on Ways and Means to the original bill. 1. Added authorization for the legislature to provide by law for approval of contracts by the parish governing authority and the board.