Struck = removed from the bill ·
added = the amendment's new text.
SCASB485 2283 3345 SENATE COMMITTEE AMENDMENTS Regular Session ENROLLEDAmendments SENATEproposed BILLby NO.Senate Committee on Local and Municipal Affairs to Original Senate Bill No.
485 BYby SENATORSenator EDMONDSEdmonds ANAMENDMENT ACTNO. To amend and reenact R.S.
33:30781 andOnpage1, toline2, enactchange"R.S. R.S.
33:3077(8),33:3078 relativeandtoenactR.S. to the city of St.
George;toproviderelativetotheallocationandexerciseofcertainmunicipaltaxing33:3077(8)"to authority"R.S.33:3076and within3078 theand corporateto limitsenact ofR.S. the city of St.
George;33:3077(8) and 3080.1" AMENDMENT NO.
to2 provideOn forpage exclusive1, municipalline administration3, ofafter insurance"George;" premiuminsert taxes;the following:
to"to provide for themunicipal levyofinsurancepremiumtax;fiscal authority;
to providefordefinitions;provide relative to powers of certain municipalities in certaincircumstances;to provide relative to new development;
to provideforprospectiveprovide adjudication;relative to the sharing of the cost of certain public facilities;
to provide for ancertain effectivecharges date;to be adopted by ordinance;" AMENDMENT NO.
and3 toOnpage1, line 6, after"definitions;" insert "to provide forforlegislative relatedfindings matters.andpurpose;
Beto itprovide enactedrelative byto theprocedures,limitations, Legislaturetermination,applicability,andseverability; of Louisiana:
Sectionto 1.provide relative to accounting and credits;
R.S.to provide relative to review of public facility charges;" AMENDMENT NO.
33:30784 isOn herebypage amended1, andline reenacted7, andchange R.S."adjudication" to "application" AMENDMENT NO.
33:3077(8)5 isOnpage1,line9,after"Section1."deletetheremainderofthelineandinsert"R.S.33:3076 herebyand enacted3078 toare readherebyamended asand follows:reenacted and R.S.
§3077.33:3077(8) and 3080.1 are" AMENDMENT NO.
Definitions6 WheneverusedinOn thispage Part,unlessadifferentmeaningclearlyappearsin1, thebetween context,lines the10 followingand terms,11, whetherinsert used in the singularfollowing: or plural, shall be given the following interpretations:
*"§3076. * * (8)"Insurance premiumtax"meansamunicipal licensetaximposedon insurerspursuanttoR.S.22:833oranyotherapplicableprovisionoflaw,based upon premiums written on risks located within the taxing jurisdiction.
§3078.ContinuedlevyoftaxbyEastBatonRougeParishInsurancepremiumtax;Legislative findings;
purpose A.
The legislature hereby finds and determines that in the event the lawsuit challenging the incorporation of the city of St.
George within East Baton Rouge Parish is unsuccessful, a state of emergencywill exist in the municipalityuntil cash flow can be developed through the levy and collection of municipal sales and use taxestofundtheexpensesofmunicipalgovernment.Asaresultoftheforegoing,the legislature determines it essential and necessaryto authorize the continuation of the parishtaxwithintheareaincorporated,toauthorizethecontinuationoftheprovision of services by the parish within the area incorporated, and to create a financial assistance district and provide for it a source of revenue in order that it mayengage in cooperative endeavors, enter into contracts for the provision of essential public services, and raise revenue to assist the municipality in funding the delivery of essential public services to its citizens and to assist the municipality in preventing cash flow difficulties.
B.
The legislature further finds and declares that:
(1) A municipality governed by the applicable laws of the state of Louisiana and located within a larger parish may experience immediate development related demands on roads, drainage, water, and wastewater facilities following incorporation.
Page 1 of 4 SCASB485 2283 3345 (2) Local governments in the state of Louisiana currently administer developmentrelatedchargesassociatedwithtraffic,sewer,drainage,andutility capacity.
(3)Uniformstandards andclarificationarenecessarytoensurethatthe charges are administered fairly, predictably, and in reasonable proportion to the impacts of development.
(4) Development related public facilities charges are a component of municipal fiscal authority for providing public services and infrastructure." AMENDMENT NO.
7 On page 1, line 16, delete "municipal" AMENDMENT NO.
8 On page 2, delete lines 2 and 3, and insert the following:
"§3078.ContinuedlevyoftaxbyEastBatonRougeParishInsurancepremiumtax;
authority to levylevy" A.AMENDMENT NO.
Notwithstanding9 anyOn lawpage to2, theline contrary,14, indelete "upon the eventeffective thedate cityprovided ofin St.this Section," AMENDMENT NO.
George,10 asOn approvedpage by2, theline voters17, onchange October"risk" 12, 2019, is incorporated, the parish may continue to levy"risks" andAMENDMENT collectNO. the parish tax within the corporate limits of the municipality pursuant to an intergovernmental agreement between the parish and municipality for the purpose of providing essential public services to, or funding essential public services for, the citizens within St.
George11 untilOn page 2, line 18, change "The city of" to "Beginning on January 1, 2027, the St.city of" AMENDMENT NO.
George12 TransitionOnpage2,line24,delete"riskandperiod"andinsert"periodforriskslocatedwithinthe Districtcorporate levieslimits and collects a two percent sales and use tax, the municipality levies and collects a two percent sales and use tax, the end of the Pagecity 1 of 2St. Coding:
WordsGeorge" whichAMENDMENT areNO. struck through are deletions from existing law;
words13 inOn boldfacepage type2, andline underscored26, areafter additions."authority of the" insert "city of Baton Rouge and" AMENDMENT NO.
SB14 On page 3, line 1, after "the" delete "parish or consolidated government" and insert "city of Baton Rouge or parish of East Baton Rouge" AMENDMENT NO.
48515 ENROLLEDOn quarterpage following3, thebetween electionlines to1 imposeand the2, municipalinsert tax if the propositionfollowing: is not approved by the electorate, or twelve months after the incorporation becomes final, whicheveroccursfirst.
beginning"* on* January* 1.2027,thecityof§3080.1. St.
GeorgeshallDevelopment exclusivelyrelated exercisepublic allfacilities municipalcharge authorityA.(1) Notwithstanding any provision of law to levy,the collect,contrary, administer,a andmunicipality enforcemeetingthecriteriaprovided anyin insuranceSubsection premiumB tax,of asthis definedSectionmay, inby R.S.ordinance, require new development to bear a proportionate share of the cost of public facilities necessary by the development, including through methodologies or schedules derived from a capital improvement plan or professionalstudyandapplied asaconditionof subdivision approval,building permit issuance, utility connection, certificate of occupancy, or other development approval.
33:3077,Page on2 riskof located4 withinSCASB485 the2283 corporate3345 limits(2) ofA charge imposed pursuant to this Section shall be limited to the cityallocation of St.costs attributable to new development and imposed only in accordance with this Section.
George.
TheThis citySection ofshall Batonapply Rougeonly andto thea parishmunicipality ofthat Eastmeets Batonall Rouge, includinganycomponentoftheconsolidatedgovernment,shallnotlevy,collect, administer, or receive any insurance premium tax on risks located within the corporate limits of the cityfollowing ofcriteria: St.
George.(1) Incorporated on or after January 1, 2010.
(2) Governed by applicable state law and not operating under a home rule charter.
(3) Located wholly or partially within a parish having a population in excessofthreehundredthousandaccordingtothemostrecentfederaldecennial census.
NothingFor inpurposes of this SectionSection, shallthe befollowing construedterms tohave authorizethe duplicativefollowing taxation.meanings:
An(1) insurer"Development" shallmeans bethe subjectconstruction, toreconstruction, onlyredevelopment,conversion,structuralalteration,relocation,orenlargementof oneany localstructure insuranceor premiumuse taxof forland awhich givenincreases riskthe anddemand period.for public facilities.
D."Development" shall not include ordinary maintenance, repair, or reconstruction of a structure destroyed by casualty, provided that the maintenance,repair,orreconstructionofastructure doesnotincreasedemand for public facilities beyond the demand in existence immediately prior to the casualty.
The(2) governing"Public authorityfacilities" ofmeans thecapital cityimprovements offor St.roads, bridges, intersections, traffic control systems, drainage, storm water and flood control systems, water supply and distribution systems, and wastewater collection, treatment, pumping, and disposal systems, including associated land, rights-of-way, design, engineering, and infrastructure directly related to capacity expansion.
George(3) and"Public governingfacilities authoritycharge" ofmeans thea parishmonetary ofcondition Eastimposed BatonpursuanttothisSectiontofundorrecoupthecostsofcapacityexpandingpublic Rougefacilities. may enter into an intergovernmental agreement solely for the purposes of records transfer, closeout of prior records, and administrative cooperation, but not for the continued collection of the insurance premium tax described in this Section by the parish or consolidated government.
Section(4) 2."Qualified professional" means a professional engineer licensed in the state of Louisiana or another person with demonstrable expertise in infrastructureplanning, finance,orimpactanalysisrelevanttopublic facilities charges.
The(5)"Servicearea"meansageographicareawithinwhichthebenefitsof provisionsapublicfacilityarereasonablyexpectedtobeavailabletoadevelopmentpaying ofthe thischarge. Act shall become effective on January 1, 2027.
SectionD.(1) 3.Prior to adopting or amending any ordinance imposing a public facilities charge, the municipality shall adopt a capital improvement plan or professional study prepared or approved by a qualified professional.
(2) The provisionsplan ofor thisstudy Actpursuant shall apply prospectively only to premiumsthis attributableSubsection toshall: periods beginning on and after January 1, 2027.
PRESIDENT(a) OFIdentify THEexisting SENATEcapacity SPEAKERand OFprojected THEdemand HOUSEattributable OFto REPRESENTATIVESthe GOVERNORdevelopment. OF THE STATE OF LOUISIANA APPROVED:
Page(b) 2Identify ofcapital 2improvements Coding:required to accommodate the development.
Words(c) whichEstablish areservice struckareas, throughif areapplicable. deletions from existing law;
words(d) inEstablish boldfacea typereasonable andmethodology underscoredfor aredetermining additions.the proportionate share of costs attributable to the development.
(3) Prior to adopting or amending an ordinance imposing a public facilities charge, the municipality shall hold at least one public hearing.
Notice of the hearing shall be published in the official journal of the municipality at least fifteen days prior to the hearing, and the capital improvement plan or professional study shall be made available for public inspection before the hearing.
(4) A public facilities charge shall apply only to a development application that is submitted after the effective date of the ordinance.
E.(1)Apublicfacilitieschargeshallbearareasonablerelationshiptothe need for public facilities created by the development.
(2) A public facilities charge shall not exceedthe proportionate share of the costs of public facilities attributable to the development.
(3) A charge imposed pursuant to this Section shall not be used to fund operations or maintenance.
Page 3 of 4 SCASB485 2283 3345 (4) A charge imposed pursuant to this Section shall not be used to remedy an existing deficiency except to the extent attributable to new development.
(5) A charge imposed pursuant to this Section shall be reduced as necessary to avoid duplicating recovery for the same public facility cost from thesamedevelopment.Thecharge may be reducedtoaccountforfeesimposed by other governmental entities for the same public facility capacity.
(6) A public facilities charge may include automatic intermittent adjustments based on a recognized construction cost index.
F.
The ordinance shall provide for credits or offsets for the value of any land, construction, or improvements provided or funded by a developer that serve the same public facilities or servicearea for which the charge is imposed.
G.(1) Revenue collected pursuant to this Section shall be deposited in a separate interest bearing account by facility category and, if applicable, by service area.
(2)Revenueandinterestearnedshallbeusedonlyforthepublicfacilities and service area for which it is collected.
(3) Revenue shall be expended or encumbered within eight years of collection or within a shorterperiod established by ordinance.
The revenue, if not expended or encumbered within the applicable period, shall be subject to refund pursuant to procedures established by ordinance, including refund application procedures, methodology for any pro rata calculations, and deadlines for refund transfers.
H.Themunicipalityshallestablishproceduresforadministrativereview of a public facilities charge and has the right of judicial review in accordance with applicable law.
I.
Notwithstanding any provision of law to the contrary,amunicipality, upon meeting the requirements provided in this Section, may prepare or commission the capital improvement plan or professional study, hold the hearing, and adopt animplementingordinanceinaccordancewith this Section to become effective on January 1, 2027.
No public facilities charge shall be assessed prior to January 1, 2027.
J.
The authority granted by this Section shall terminate on January 1, 2029." AMENDMENT NO.
16 On page 3, after line 4, insert the following:
"Section 4.
The provisions of this Act are severable.
If any provision or item of this Act, or the application thereof, is held invalid, such invalidity shall not affect the other provisions, items, or applications of this Act and the Act shall be given effect without the invalid provision, item, or application pursuant to R.S.
24:175." Page 4 of 4