Louisiana 2015 2015 Regular Session

Louisiana House Bill HB501 Comm Sub / Analysis

                    GREEN SHEET REDIGEST
HB 501	2015 Regular Session	Robideaux
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
TAX/TAXATION.  Provides for a state and local sales and use tax exemption for
certain aircraft manufactured in Louisiana.
DIGEST
Abstract:  Exempts La. manufactured passenger aircraft with a maximum seating capacity
of eight persons from state and local sales and use taxes.
Present law provides for the levy of a tax upon the sale at retail, the use, the consumption,
the distribution, and the storage for use or consumption in this state, of each item of tangible
personal property.  Further provide for exemptions and exclusions from the levy of the tax.
Present law provides that for purposes of the levy of the tax, the term "sale at retail" shall not
include sales of La. manufactured or assembled passenger aircraft with a capacity in excess
of 50 persons if, after all transportation has been completed, the aircraft is ultimately received
by the purchaser outside of the state.
Proposed law changes present law by specifying that the exemption applies to both state and
local sales and use taxes.  Additionally, changes the seating capacity for such aircraft
manufactured or assembled in La. from a capacity in excess of 50 persons to a maximum
capacity of eight persons.  Additionally specifies that the place at which the aircraft is
ultimately received shall be considered as the place at which the aircraft is stored after all
transportation has been completed.
Proposed law establishes the Student Assessment for a Valuable Education (SAVE) Credit
Program.
Proposed law requires the Board of Regents (the board) to implement a Student Assessment
for a Valuable Education (SAVE) Credit Program for each student enrolling at a public
institution of higher education.  Each student assessed shall be granted a SAVE credit against
income, sales and use, gasoline and special fuel taxes equal to the individual amount of a
SAVE assessment.  The amount of each credit shall not exceed the average household tax
liability in La. for the total of such taxes as determined and published by the Department of
Revenue (the dept.) no later than June 30th of each fiscal year.
Provides that the SAVE credit is a transferable, nonrefundable credit against the tax liability
of a student, or his parent or legal guardian.  Requires the credit to be transferred to the board
and used solely as provided in proposed law for each student enrolled in a public institution
of higher education on and after July 1, 2015.
The dept. is to distribute student eligibility determination criteria to the board to be used for
requesting the credit for student assessments from the department. Student eligibility is to
be based on the tax liability set forth above paid to the state by all of the students and their
parents or legal guardians in the prior year as determined by the dept.
No later than June 30th of each fiscal year, the board is required to certify to the dept. the
total headcount enrollment at public institutions of higher education in the previous fall. The
department then must determine the total amount of the credit and shall transfer that amount
from the current collections of taxes to the treasurer.  Upon receipt of the funds, the treasurer
is authorized and directed to transfer or deposit the funds into the Higher Education
Initiatives Fund in R.S. 17:3129.6. The secretary of the dept. and the treasurer shall report
such action to the commissioner of administration and the Joint Legislative Committee on
the Budget. In no event can the credit or assessment exceed the amount appropriated by the
Page 1 of 2
Prepared by Laura Gail Sullivan. legislature from the Higher Education Initiatives Fund each fiscal year. For Fiscal Year 2015-
2016, the total allowable amount available for transfer shall be designated in the
supplementary section of Schedule 19-671 Board of Regents in the Act that originated as
HB1 of the 2015 Regular Session of the Legislature of Louisiana. The legislature shall
determine the total allowable amount available for transfer for Fiscal Year 2016-2017 and
thereafter.
Proposed law requires the Board of Regents to distribute all funds appropriated from the
Higher Education Initiatives Fund derived from the SAVE Credit program pursuant to its
formula for the equitable distribution of funds to public institutions of higher education.
Proposed law provides that no student or student's parent or legal guardian shall be required
to pay an assessment that is not offset by a SAVE Credit.
Proposed law provides that the tax credit registry is not applicable to the proposed law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 47:301(10)(m); adds R.S. 47:6039)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Finance to the
engrossed bill
1. Establishes the Student Assessment for a Valuable Education (SAVE) Credit
Program.
2. Provides that the credit is a transferable, nonrefundable credit against the tax
liability of a student, or his parent or legal guardian, against income, sales and
use, gasoline and special fuel taxes.
3. Requires the credit to be transferred to the Board of Regents for application
as provided in proposed law.
Page 2 of 2
Prepared by Laura Gail Sullivan.