Louisiana Levee Districts Taxing Powers Amendment (2017)
| Louisiana Levee Districts Taxing Powers Amendment | |
|---|---|
 | |
| Election date October 14, 2017 | |
| Topic Taxes and County and municipal governance | |
| Status Not on the ballot | |
| Type Constitutional amendment | Origin State legislature |
The Louisiana Levee Districts Taxing Powers Amendment was not on the ballot in Louisiana as a legislatively referred constitutional amendment on October 14, 2017.
The measure would have allowed the (i) Chenier Plain Coastal Restoration and Protection Authority and (ii) Iberia Parish Levee, Hurricane, and Conservation District to establish an annual property tax of up to five mills ($5 per $1,000 of a house's assessed value).[1]
As of 2017, Section 39 of Article VI of the Louisiana Constitution allowed levee districts created prior to January 1, 2006, to establish an annual property tax to pay for levees, levee drainage, flood protection, hurricane flood protection, and related purposes. The Chenier Plain Coastal Restoration and Protection Authority was created in 2010.[2] The Iberia Parish Levee, Hurricane, and Conservation District was also created in 2010.[3]
Text of measure
Ballot title
The ballot title would have been as follows:[1]
| “ | Do you support an amendment that adds the governing authority of the Chenier Plain Coastal Restoration and Protection Authority, and the Iberia Parish Levee, Hurricane, and Conservation District, to the existing levee districts which are authorized to levy an annual tax not to exceed five mills without voter approval?
(Amends Article VI, Section 39)[4] |
” |
Constitutional changes
- See also: Article VI, Louisiana Constitution
The measure would have amended Section 39 of Article VI of the Louisiana Constitution. The following underlined text would have been added, and struck-through text would have been deleted:[1]
Note: Hover over the text and scroll to see the full text.
(A) District Tax; Millage Limit. For the purpose of constructing and maintaining levees, levee drainage, flood protection, hurricane flood protection, and for all other purposes incidental thereto, the governing authority of the Chenier Plain Coastal Restoration and Protection Authority, the Iberia Parish Levee, Hurricane, and Conservation District, or the governing authority of a levee district created prior to January 1, 2006, may levy annually a tax not to exceed five mills, except the Board of Levee Commissioners of the Orleans Levee District which may levy annually a tax not to exceed two and one-half mills on the dollar of the assessed valuation of all taxable property situated within the alluvial portions of the district subject to overflow.
(B) Millage Increase. If the necessity to raise additional funds arises in any levee district created prior to January 1, 2006, to which Paragraph (A) of this Section is applicable, for any purpose set forth in Paragraph (A) of this Section, or for any other purpose related to its authorized powers and functions as specified by law, the tax may be increased. However, the necessity and the rate of the increase shall be submitted to the electors of the district, and the tax increase shall take effect only if approved by a majority of the electors voting thereon in an election held for that purpose.
(C) Districts Created After January 1, 2006 to which Paragraph (A) of this Section is not applicable. For any purpose set forth in Paragraph (A) of this Section, the governing authority of a levee district created after January 1, 2006 to which Paragraph (A) of this Section is not applicable, may annually levy a tax on all property not exempt from taxation situated within the alluvial portions of the district subject to overflow. However, such a district shall not levy such a tax nor increase the rate of such a tax unless the levy or the increase is approved by a majority of the electors of the district who vote in an election held for that purpose. If the district is composed of territory in more than one parish, approval by a majority of the electors who vote in each parish comprising the district is also required for any such levy or increase.[4]
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. Jerome Zeringue (R-52) filed the amendment in the state legislature as House Bill 259 (HB 259) on March 30, 2017. The Louisiana House of Representatives approved the amendment 94 to 0 with 11 members absent on May 25, 2017. The Louisiana Senate voted to pass the measure 18 to 12, with eight members absent, on June 2, 2017. As 26 votes were needed to certify the measure, it was not referred to the ballot.[5]
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.[6]
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.[7]
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 Louisiana Legislature, "House Bill 259," accessed May 31, 2017
- ↑ Vermillion Today, "Vermillion Parish, Two Other Parishes United to Form Coastal Protection Board," February 28, 2013
- ↑ The Daily Iberian, "Bill adds levee district to system," January 19, 2016
- ↑ 4.0 4.1 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 259 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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