HLS 25RS-935 ORIGINAL 2025 Regular Session HOUSE BILL NO. 366 BY REPRESENTATIVE DESHOTEL TAX/AD VALOREM TAX: (Constitutional Amendment) Authorizes parishes to exempt business inventory from ad valorem taxes and authorizes parishes to reduce the percentage of fair market value applicable to business inventory 1 A JOINT RESOLUTION 2Proposing to amend Article VII, Section 18(A) and (B) and to add Article VII, Sections 20.1 3 and 20.2 of the Constitution of Louisiana, relative to ad valorem taxes; to provide for 4 the classification of certain property; to authorize the exemption of certain property 5 under certain circumstances; to authorize certain payments to certain parishes; to 6 provide for effectiveness; to provide for submission of the proposed amendment to 7 the electors; and to provide for related matters. 8 Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members 9elected to each house concurring, that there shall be submitted to the electors of the state of 10Louisiana, for their approval or rejection in the manner provided by law, a proposal to 11amend Article VII, Section 18(A) and (B) and to add Article VII, Sections 20.1 and 20.2 of 12the Constitution of Louisiana, to read as follows: 13 §18. Ad Valorem Taxes 14 Section 18.(A) Assessments. Property subject to ad valorem taxation shall 15 be listed on the assessment rolls at its assessed valuation, which, except as provided 16 in Paragraphs (C), (F), and (G) this Section, shall be a percentage of its fair market 17 value. The percentage of fair market value shall be uniform throughout the state 18 upon the same class of property. Page 1 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 25RS-935 ORIGINAL HB NO. 366 1 (B) Classification. (1) The classifications of property subject to ad valorem 2 taxation and the percentage of fair market value applicable to each classification for 3 the purpose of determining assessed valuation are as follows: 4 Classifications Percentages 5 1.(a) Land 10% 6 2.(b) Improvements for residential purposes10% 7 3.(c) Electric cooperative properties, excluding land15% 8 4.(d) Public service properties, excluding land 25% 9 (e) Public Service property, excluding land, owned 10 by a railroad company 15% 11 (f) Business inventory 15% 12 5.(g) Other property 15% 13 (2) For purposes of ad valorem taxation, a parish may elect to reduce the 14 percentage of fair market value applicable to property considered business inventory, 15 as defined in law. The legislature may provide by law enacted by two-thirds of the 16 elected members of each house for the implementation of the provision of this 17 Subparagraph. Once enacted, any change to these laws shall also be enacted by 18 two-thirds of the elected members of each house of the legislature. 19 (3) The legislature may enact laws defining electric cooperative properties 20 and public service properties. 21 * * * 22 §20.1. Ad valorem tax; Business inventory tax exemption prohibition 23 Section 20.1. Notwithstanding any provision of this constitution to the 24 contrary, the legislature shall not enact any law mandating any taxing authority to 25 exempt business inventory from ad valorem tax. For purposes of this Section, 26 "business inventory" means the aggregate of those items of tangible personal 27 property that are held for sale in the ordinary course of business, are currently in the 28 process of production for subsequent sale, or are to physically become a part of the 29 production of such goods. Page 2 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 25RS-935 ORIGINAL HB NO. 366 1 §20.2. Ad Valorem Tax Exemption Funding 2 Section 20.2. The state may make a one-time payment to each parish that 3 elects to irrevocably exempt, in accordance with law, business inventory from ad 4 valorem tax. Any payment made pursuant to this Section shall be disbursed by the 5 treasurer to the tax collector of the parish. The tax collector shall distribute the 6 monies pro rata to each taxing authority that levies an ad valorem tax within the 7 parish. The amount of the payment shall be calculated as provided by law and 8 certified by the Department of Revenue. Notwithstanding any provision of this 9 constitution to the contrary, monies shall be disbursed by the treasurer to the 10 collector within thirty days of receipt of a certification from the secretary of the 11 Department of Revenue that the parish has irrevocably elected to exempt business 12 inventory from ad valorem tax. 13 Section 2. Be it further resolved that the provisions of the amendment contained in 14this Joint Resolution shall become effective on January 1, 2027, and shall be applicable to 15tax years beginning on or after January 1, 2027. 16 Section 3. Be it further resolved that this proposed amendment shall be submitted 17to the electors of the state of Louisiana at the statewide election to be held on November 3, 182026. 19 Section 4. Be it further resolved that on the official ballot to be used at the election, 20there shall be printed a proposition, upon which the electors of the state shall be permitted 21to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as 22follows: 23 Do you support an amendment to authorize a parish to elect to exempt 24 business inventory from ad valorem taxes or to reduce the percentage of fair 25 market value applicable to business inventory? (Effective January 1, 2027) 26 (Amends Article VII, Section 18(A) and (B); Adds Article VII, Sections 20.1 27 and 20.2) Page 3 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 25RS-935 ORIGINAL HB NO. 366 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 366 Original 2025 Regular Session Deshotel Abstract: Authorizes a parish to elect to exempt business inventory from ad valorem taxes; authorizes parishes to reduce the percentage of fair market value applicable to business inventory; prohibits the legislature from enacting a mandatory exemption for business inventory; and authorizes the state to make a one-time payment to parishes that elect to exempt business inventory from ad valorem taxes. Present constitution requires all property subject to ad valorem tax to be listed on the parish assessment rolls at its assessed valuation which is a percentage of the property's fair market value. Present constitution requires the percentage of fair market value to be uniform throughout the state on the same class of property and requires assessors to reappraise and value property at intervals of not more than four years. Present constitution provides for the different classifications of property which corresponds with a percentage of fair market value applicable to each classification. Proposed constitutional amendment retains present constitution with regards to the assessment, listing of properties, and reappraisal of properties but changes the classifications of property by adding a separate classification for business inventory and public service property, excluding land owned by a railroad company. Proposed constitutional amendment adds authorization for a parish to elect to reduce the percentage of fair market value applicable to business inventory, as defined in present law. Further provides that the legislature may provide for implementation of the optional exemption for business inventory which law is required to be enacted by favorable vote of two-thirds of the elected members of each house. Furthermore, once enacted, any change to these laws will also require a favorable vote of two-thirds of the elected members of each house of the legislature. Proposed constitutional amendment prohibits the legislature from enacting a law requiring a taxing authority to exempt business inventory from ad valorem tax. Proposed constitutional amendment authorizes the state to make a one-time payment to each parish that elects to irrevocably exempt business inventory from ad valorem tax. Further provides for the process for making the payments and disbursing the monies to each parish that elects to exempt business inventory. Proposed constitutional amendment shall become effective on Jan. 1, 2027, and shall be applicable to tax years beginning on or after Jan. 1, 2027. Provides for submission of the proposed amendment to the voters at the statewide election to be held November 3, 2026. (Amends Art. VII, §18(A) and (B); Adds Art. VII, §§20.1 and 20.2) Page 4 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions.