HLS 20RS-181 REENGROSSED 2020 Regular Session HOUSE BILL NO. 347 BY REPRESENTATIVE IVEY TAX/AD VALOREM-EXEMPTION: (Constitutional Amendment) Establishes certain ad valorem property tax exemptions 1 A JOINT RESOLUTION 2Proposing to amend Article VII, Section 21(F) of the Constitution of Louisiana, relative to 3 ad valorem property tax exemptions; to establish exemptions for certain property; to 4 establish exemptions for certain capital investment projects; to provide for the terms 5 of exemptions; to provide for the amount of the exemptions; to provide authorization 6 for approval of the exemptions; to authorize the administration of the exemptions; 7 to provide for review by the Board of Commerce and Industry; to provide for 8 approval from political subdivisions; to provide for gubernatorial approval; to 9 provide for certain limitations; to provide for certain requirements; to provide for 10 submission of the proposed amendment to the electors; and to provide for related 11 matters. 12 Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members 13elected to each house concurring, that there shall be submitted to the electors of the state of 14Louisiana, for their approval or rejection in the manner provided by law, a proposal to 15amend Article VII, Section 21(F) of the Constitution of Louisiana, to read as follows: 16 §21. Other Property Exemptions 17 Section 21. In addition to the homestead exemption provided for in Section 18 20 of this Article, the following property and no other shall be exempt from ad 19 valorem taxation: 20 * * * Page 1 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 20RS-181 REENGROSSED HB NO. 347 1 (F) Notwithstanding any contrary provision of this Section, the State Board 2 of Commerce and Industry or its successor, with the approval of the governor, may 3 enter into contracts for the there is hereby authorized a standard, local, and executive 4 exemption from ad valorem taxes of a new manufacturing establishment or an 5 addition to an existing manufacturing establishment, on such terms and conditions 6 as the board, with the approval of the governor, deems in the best interest of the 7 state. for capital investment projects as follows: 8 (1) The standard exemption shall be for an initial a term of no more than five 9 eight calendar years, and may be renewed for an additional five years shall provide 10 for an ad valorem tax exemption of eighty percent of the property taxes of the capital 11 investment project. The granting of a standard exemption shall be reviewed by the 12 Board of Commerce and Industry, or its successor as provided by law, and no 13 additional approval is required for the granting of this exemption. Enactment of any 14 law to administer this exemption shall require a favorable vote of two-thirds of the 15 elected members of each house of the legislature. 16 (2) The local exemption shall be for a term of no more than fifteen years and 17 may provide for an ad valorem tax exemption of up to one hundred percent of the 18 property taxes of the capital investment project. The granting of a local exemption 19 shall require the approval of each political subdivision in whose district the project 20 is to be located. Enactment of any law to administer this exemption shall require a 21 favorable vote of two-thirds of the elected members of each house of the legislature. 22 (3) The executive exemption shall be for a term determined by the governor 23 and may provide for an ad valorem tax exemption of up to one hundred percent of 24 the property taxes of the capital investment project. The granting of an executive 25 exemption shall require approval from the governor. Enactment of any law to 26 administer this exemption shall require a favorable vote of two-thirds of the elected 27 members of each house of the legislature. Page 2 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 20RS-181 REENGROSSED HB NO. 347 1 (4) All property exempted shall be listed on the assessment rolls and 2 submitted to the Louisiana Tax Commission or its successor, but no taxes shall be 3 collected thereon during the period of exemption. 4 The terms "manufacturing establishment" and "addition" as used herein mean 5 a new plant or establishment or an addition or additions to any existing plant or 6 establishment which engages in the business of working raw materials into wares 7 suitable for use or which gives new shapes, qualities or combinations to matter which 8 already has gone through some artificial process. 9 * * * 10 Section 2. Be it further resolved that this proposed amendment shall be submitted 11to the electors of the state of Louisiana at the statewide election to be held on November 3, 122020. 13 Section 3. Be it further resolved that on the official ballot to be used at the election, 14there shall be printed a proposition, upon which the electors of the state shall be permitted 15to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as 16follows: 17 Do you support an amendment to authorize property tax exemptions for 18 capital investment projects, to provide for the approval, terms, and amounts 19 of the exemptions, and to authorize the legislature to provide for the 20 administration of the exemptions by law?(Amends Article VII, Section 21 21(F)) Page 3 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 20RS-181 REENGROSSED HB NO. 347 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)] HB 347 Reengrossed 2020 Regular Session Ivey Abstract: Establishes a standard, local, and executive property tax exemption for capital investment projects when the projects meet eligibility and approval standards pursuant to law. Present constitution authorizes a property tax exemption (exemption) for new manufacturing establishments and additions to existing establishments for an initial term of five years, with a five year renewal. The exemption is effectuated through a contract granted by the Board of Commerce and Industry, with the approval of the governor. Proposed constitutional amendment authorizes three ad valorem property tax exemptions for capital investment projects as follows: (1)A standard exemption for a term of eight calendar years for 80% of its property taxes. The exemption is subject to review by the Board of Commerce and Industry. No additional approval is required. (2)A local exemption for a term of no more than 15 calendar years for up to 100% of its property taxes. This exemption requires the approval of local taxing authorities as provided by law. (3)An executive exemption for a term determined by the governor for up to 100% of its property taxes. This exemption requires approval of the governor. Proposed constitutional amendment also requires that any law enacted to administer any of the new exemptions requires a favorable vote of two-thirds of the elected members of each house of the legislature. Proposed constitutional amendment retains present constitution requirement related to listing property on tax assessment rolls and deletes various definitions. Provides for submission of the proposed amendment to the voters at the statewide election to be held Nov. 3, 2020. (Amends Const. Art. VII, §21(F)) Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Civil Law and Procedure to the engrossed bill: 1. Amend the ballot language. Page 4 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions.