Louisiana Cooperative Endeavor Agreement Fee Payments Amendment (2017)
| Louisiana Cooperative Endeavor Agreement Fee Payments Amendment | |
|---|---|
 | |
| Election date October 14, 2017 | |
| Topic Taxes and Property | |
| Status Not on the ballot | |
| Type Constitutional amendment | Origin State legislature |
The Louisiana Cooperative Endeavor Agreement Fee Payments Amendment was not on the ballot in Louisiana as a legislatively referred constitutional amendment on October 14, 2017.
The measure would have allowed local taxing authorities and manufacturers to enter into cooperative endeavor agreements. These agreements would have allowed local taxing authorities to charge manufacturers fees rather than property taxes. The amount of property exempted from taxes would have been determined in the cooperative endeavor agreements.[1]
Text of measure
Ballot title
The ballot title would have been as follows:[1]
| “ | Do you support an amendment to grant a property tax exemption for property that is subject to an agreement with local government allowing the property owner to make payments instead of property taxes?
(Adds Article VII, Section 21(N))[2] |
” |
Constitutional changes
- See also: Article VII, Louisiana Constitution
The measure would have added a Subsection (N) to Section 21 of Article VII of the Louisiana Constitution. The following text would have been added:[1]
Note: Hover over the text and scroll to see the full text.
(N) Property that is subject to a cooperative endeavor agreement, as provided by law and this constitution, between the owner and one or more taxing authorities which agreement requires the property owner to make payments in lieu of taxes as provided by law. Property eligible for this exemption shall be as provided in Subparagraph(1) of this Paragraph.
(1) (a) Property of a new manufacturing establishment or an addition to an existing manufacturing establishment.
- (b) Other property, subject to a cooperative endeavor agreement which has been approved by a committee of the legislature, as provided by law.
(2) The exemption authorized under this Paragraph shall be to the extent agreed to and provided for in the cooperative endeavor agreement. All property exempted shall be listed on the assessment rolls and submitted to the Louisiana Tax Commission.
(3) Except as otherwise provided herein, property that has been subject to a contract of exemption as provided in Paragraph (F) of this Section shall be ineligible for the exemption authorized under this Paragraph. Notwithstanding the foregoing, an ad valorem taxing authority may negotiate and enter into a cooperative endeavor agreement with a property owner for a payment in lieu of ad valorem taxes during the first two years of a contract of exemption allowed by Paragraph (F) of this Section as provided by law.
(4) The terms "manufacturing establishment" and "addition" shall have the same meanings ascribed to them in Paragraph (F) of this Section.[2]
Path to the ballot
- See also: Amending the Louisiana Constitution
In Louisiana, a two-thirds vote in both chambers of the Louisiana State Legislature during one legislative session is required to refer a constitutional amendment to the ballot. Louisiana is one of 16 states that require a two-thirds supermajority in each chamber of the legislature.
Amendment
Rep. Alan Seabaugh (R-5) filed the amendment in the state legislature as House Bill 444 (HB 444) on March 31, 2017. The Louisiana House of Representatives approved the amendment 75 to 20 with 10 members absent on May 30, 2017. The Louisiana Senate did not vote on the measure before the 2017 legislative session adjourned.[3]
House Bill 142
House Bill 142 (HB 142) was designed to call for a special election on October 14, 2017, for voters to address proposed constitutional amendments. Rep. Stephen Pugh (R-73) introduced HB 142. The Louisiana House of Representatives approved the bill, 102 to 0 with two members absent and one seat vacant, on April 26, 2017. The Louisiana Senate passed the bill 38 to 0 on May 31, 2017. Gov. John Bel Edwards (D) signed the bill on June 12, 2017.[4]
According to the Legislative Fiscal Office, HB 142 did not create additional government costs because a special election to elect the state treasurer was already scheduled for October 14, 2017.[5]
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 Louisiana Legislature, "House Bill 444," accessed May 31, 2017
- ↑ 2.0 2.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ Louisiana Legislature, "HB 444 Overview," accessed May 31, 2017
- ↑ Louisiana Legislature, "HB 142 Overview," accessed May 9, 2017
- ↑ Louisiana Legislature, "HB 142 Fiscal Note," accessed May 9, 2017
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