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NOTICE PROPOSED Constitutional Amendments

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NOTICE
PROPOSED Constitutional Amendments
to be voted on at the
Gubernatorial Primary Election
October 22, 2011
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CODING: Words in struck through type are deletions from existing law; words underscored (House Bills) and underscored and boldfaced (Senate Bills) are additions.
Proposed Amendment No. 1
Regular Session, 2011
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Act 423
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SENATE BILL NO. 53
BY SENATORS ALARIO, AMEDEE AND THOMPSON AND REPRESENTATIVES ARNOLD, AUBERT, AUSTIN BADON, BOBBY BADON, BILLIOT, BROSSETT, HENRY BURNS, CARMODY, CARTER, CHANEY, DIXON, DOVE, DOWNS, ELLINGTON, FOIL, GUILLORY, GUINN, HARDY, HENDERSON, HINES, HOFFMANN, HONORE, HOWARD, HUTTER, SAM JONES, KATZ, LEGER, LIGI, LOPINTO, MORENO, NOWLIN, RITCHIE, JANE SMITH, PATRICIA SMITH, ST. GERMAIN, THIBAUT, TUCKER, WILLIAMS AND WILLMOTT
A JOINT RESOLUTION
Proposing to amend Article VII, Section 10.8(A)(1)(c), (A)(2), (3), and (4), and (C)(1) and to add Article VII, Section 4.1 of the Constitution of Louisiana, all relative to the dedication of certain tobacco proceeds; to provide relative to the Millennium Trust, the Health Excellence Fund, the Education Excellence Fund, and the TOPS Fund; to provide for the deposit of certain tobacco proceeds into the Health Excellence Fund; to provide relative to the rate of tax levied on certain tobacco products which revenues generated therefrom are dedicated to the Health Excellence Fund; to provide for the use of monies in the Health Excellence Fund; to provide for the allocation of interest to the Health Excellence Fund, the Education Excellence Fund, and the TOPS Fund; to provide for the deposit, transfer, or credit of certain Settlement Agreement proceeds received by the state to the TOPS Fund; to provide for the deposit, transfer, or credit of a portion of the state tax on cigarettes to the Health Excellence Fund; and to specify an election for submission of the proposition to electors and provide a ballot proposition.
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members elected to each house concurring, that there shall be submitted to the electors of the state, for their approval or rejection in the manner provided by law, a proposal to amend Article VII, Section 10.8(A)(1)(c), (A)(2), (3), (4), and (C)(1) and to add Article VII, Section 4.1 of the Constitution of Louisiana, to read as follows:
ARTICLE VII. REVENUE AND FINANCE
PART I. GENERAL PROVISIONS
* * *
§4.1. Cigarette Tax Rates
Section 4.1. To ensure revenue for the dedication provided for in Article VII, Section 10.8(C)(2)(c) of this constitution, the rate of the tax levied pursuant to R.S. 47:841(B)(3) shall not be less than the rate set forth in that provision as it exists on January 1, 2012
* * *
§10.8. Millennium Trust
Section 10.8. Millennium Trust.
(A) Creation.
(1) There shall be established in the state treasury as a special permanent trust the "Millennium Trust". After allocation of money to the Bond Security and Redemption Fund as provided in Article VII, Section 9(B) of this constitution, the treasurer shall deposit in and credit to the Millennium Trust certain monies received as a result of the Master Settlement Agreement, hereinafter the "Settlement Agreement", executed November 23, 1998, and approved by Consent Decree and Final Judgment entered in the case "Richard P. Ieyoub, Attorney General, ex rel. State of Louisiana v. Philip Morris, Incorporated, et al.", bearing Number 98-6473 on the docket of the Fourteenth Judicial District for the parish of Calcasieu, state of Louisiana; and all dividend and interest income and all realized capital gains on investment of the monies in the Millennium Trust. The treasurer shall deposit in and credit to the Millennium Trust the following amounts of monies received as a result of the Settlement Agreement:
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(c) Fiscal Year 2002-2003 and each fiscal year thereafter, seventy-five percent of the total monies received that year. However, beginning in Fiscal Year 2011-2012 after the balance in the Millennium Trust reaches a total of one billion three hundred eighty million dollars, the monies deposited in and credited to the Millennium Trust, received as a result of the Settlement Agreement, shall be allocated to the various funds within the Millennium Trust as provided in Subsubparagraphs (2)(b), (3)(b), and (4)(b) and (c) of this Paragraph.
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(2)(a) The Health Excellence Fund shall be established as a special fund within the Millennium Trust. The treasurer shall credit to the Health Excellence Fund one-third of the Settlement Agreement proceeds deposited each year into the Millennium Trust, and one-third of all investment earnings on the investment of the Millennium Trust. The treasurer shall report annually to the legislature as to the amount of Millennium Trust investment earnings credited to the Health Excellence Fund.
(b) Beginning Fiscal Year 2011-2012, and each fiscal year thereafter, the treasurer shall credit to the Health Excellence Fund one-third of all investment earnings on the investment of the Millennium Trust. The treasurer shall report annually to the legislature as to the amount of Millennium Trust investment earnings credited to the Health Excellence Fund.
(c) Beginning on July 1, 2012, after allocation of money to the Bond Security and Redemption Fund as provided in Article VII, Section 9(B) of this constitution, the state treasurer shall deposit in and credit to the Health Excellence Fund an amount equal to the revenues derived from the tax levied pursuant to R.S. 47:841(B)(3).
(3)(a) The Education Excellence Fund shall be established as a special fund within the Millennium Trust. The treasurer shall credit to the Education Excellence Fund one-third of the Settlement Agreement proceeds deposited each year into the Millennium Trust, and one-third of all investment earnings on the investment of the Millennium Trust. The treasurer shall report annually to the legislature and the state superintendent of education as to the amount of Millennium Trust investment earnings credited to the Education Excellence Fund.
(b) Beginning Fiscal Year 2011-2012, and each fiscal year thereafter, the treasurer shall credit to the Education Excellence Fund one-third of all investment earnings on the investment of the Millennium Trust. The treasurer shall report annually to the legislature and the state superintendent of education as to the amount of Millennium Trust investment earnings credited to the Education Excellence Fund.
(4)(a) The TOPS Fund shall be established as a special fund within the Millennium Trust. The treasurer shall deposit in and credit to the TOPS Fund one-third of the Settlement Agreement proceeds deposited into the Millennium Trust, and one-third of all investment earnings on the investment of the Millennium Trust. The treasurer shall report annually to the legislature as to the amount of Millennium Trust investment earnings credited to the TOPS Fund.
(b) Beginning Fiscal Year 2011-2012, and each fiscal year thereafter, the treasurer shall credit to the TOPS Fund one hundred percent of the Settlement Agreement proceeds deposited into the Millennium Trust, and one-third of all investment earnings on the investment of the Millennium Trust. The treasurer shall report annually to the legislature as to the amount of Millennium Trust Settlement Agreement proceeds and investment earnings credited to the TOPS Fund.
(c) Upon the effective date of this Subsubparagraph, the state treasurer shall deposit, transfer, or otherwise credit funds in an amount equal to such Settlement Agreement proceeds deposited in and credited to the Millennium Trust received by the state between April 1, 2011 and the effective date of this Subsubparagraph to the TOPS Fund.
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(C) Appropriations. (1)(a) Appropriations from the Health Excellence Fund, Education Excellence Fund, and TOPS Fund shall be limited to an annual amount not to exceed the estimated aggregate annual earnings from interest, dividends, and realized capital gains on investment of the trust allocated as provided by Paragraph (A) of this Section and as recognized by the Revenue Estimating Conference. Amounts determined to be available for appropriation shall be those aggregate investment earnings which are in excess of an inflation factor as determined by the Revenue Estimating Conference. The amount of realized capital gains on investment which may be included in the aggregate earnings available for appropriation in any year shall not exceed the aggregate of earnings from interest and dividends for that year.
(b)(i) For Fiscal Year 2011-2012, appropriations from the Health Excellence Fund shall be limited to an annual amount not to exceed the estimated aggregate annual earnings from interest, dividends, and realized capital gains on investment of the trust and credited to the Health Excellence Fund as provided by Subsubparagraph (A)(2)(b) of this Section and as recognized by the Revenue Estimating Conference.
(ii) For Fiscal Year 2012-2013, and each fiscal year thereafter, appropriations from the Health Excellence Fund shall be limited to an annual amount not to exceed the estimated aggregate annual earnings from interest, dividends, and realized capital gains on investment of the trust and credited to the Health Excellence Fund as provided by Subsubparagraph (A)(2)(b) of this Section and as recognized by the Revenue Estimating Conference and the amount of proceeds credited to and deposited into the Health Excellence Fund as provided by Subsubparagraph (A)(2)(c) of this Section.
(c)(i) For Fiscal Year 2011-2012, appropriations from the TOPS Fund shall be limited to the amount of Settlement Agreement proceeds credited to and deposited into the TOPS Fund as provided by Subsubparagraphs (A)(4)(b) and (c) of this Section, and an annual amount not to exceed the estimated aggregate annual earnings from interest, dividends, and realized capital gains on investment of the trust and credited to the TOPS Fund as provided by Subsubparagraph (A)(4)(b) of this Section and as recognized by the Revenue Estimating Conference.
(ii) For Fiscal Year 2012-2013, and each fiscal year thereafter, appropriations from the TOPS Fund shall be limited to the amount of annual Settlement Agreement proceeds credited to and deposited into the TOPS Fund as provided in Subsubparagraph (A)(4)(b) of this Section, and an annual amount not to exceed the estimated aggregate annual earnings from interest, dividends, and realized capital gains on investment of the trust and credited to the TOPS Fund as provided in Subsubparagraph (A)(4)(b) of this Section and as recognized by the Revenue Estimating Conference.
(iii) Further, for Fiscal Year 2011-2012, and each fiscal year thereafter, amounts determined to be available for appropriation from the TOPS Fund from interest earnings shall be those aggregate investment earnings which are in excess of an inflation factor as determined by the Revenue Estimating Conference. The amount of realized capital gains on investment which may be included in the aggregate earnings available for appropriation in any year shall not exceed the aggregate of earnings from interest and dividends for that year.
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Section 2. Be it further resolved that this proposed amendment shall be submitted to the electors of the state of Louisiana at the statewide election to be held on October 22, 2011.
Section 3. Be it further resolved that on the official ballot to be used at said election there shall be printed a proposition, upon which the electors of the state shall be permitted to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall read as follows:
To dedicate funds for the TOPS program relative to the portion of the monies deposited in and credited to the Millennium Trust each year from the Tobacco Master Settlement, to provide that once the balance in the Millennium Trust reaches a total of one billion three hundred eighty million dollars, one hundred percent of the annual Settlement Proceeds shall be allocated to the TOPS Fund to support state programs of financial assistance for students attending Louisiana postsecondary education institutions; to provide relative to the rate of tax on certain tobacco products and beginning July 1, 2012, to dedicate such tobacco revenues to the Health Excellence Fund to be used for the purposes of the fund, including providing for the optimal development of Louisiana's children through the provision of appropriate health care and providing health care initiatives through innovation in advanced health care sciences; to provide for the deposit, transfer, or credit of certain monies in the Millennium Trust to the Health Excellence Fund, the Education Excellence Fund, and the TOPS Fund. (Amends Article VII, Section 10.8(A)(1)(c), (A)(2), (3), and (4), and (C)(1) and adds Article VII, Section 4.1)
A true copy:
Tom Schedler Secretary of State
Proposed Amendment No. 2
Regular Session, 2011
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Act 422
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HOUSE BILL NO. 384
BY REPRESENTATIVE PEARSON AND SENATOR GAUTREAUX
A JOINT RESOLUTION
Proposing to amend Article VII, Section 10(D)(2)(b) of the Constitution of Louisiana, to provide for allowable uses of nonrecurring revenue; to provide for the payment of unfunded accrued liabilities; to provide for submission of the proposed amendment to the electors; and to provide for related matters.
Notice of intention to introduce this Act has been published as provided by Article X, Section 29(C) of the Constitution of Louisiana.
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members elected to each house concurring, that there shall be submitted to the electors of the state of Louisiana, for their approval or rejection in the manner provided by law, a proposal to amend Article VII, Section 10(D)(2)(b) of the Constitution of Louisiana, to read as follows:
§10. Expenditure of State Funds
Section 10.
* * *
(D) Appropriations.
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(2) Except as otherwise provided in this constitution, the appropriation or allocation of any money designated in the official forecast as nonrecurring shall be made only for the following purposes:
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(b)(i) Providing for payments against the unfunded accrued liability of the public retirement systems which are in addition to any payments required for the annual amortization of the unfunded accrued liability of the public retirement systems, as required by Article X, Section 29(E)(2)(c) of this constitution; however, any such payments to the public retirement systems shall not be used, directly or indirectly, to fund cost-of-living increases for such systems.
(ii) For Fiscal Years 2013-2014 and 2014-2015 the legislature shall appropriate no less than five percent of any money designated in the official forecast as nonrecurring to the Louisiana State Employees' Retirement System and the Teachers' Retirement System of Louisiana for application to the balance of the unfunded accrued liability of such systems existing as of June 30, 1988, in proportion to the balance of such unfunded accrued liability of each such system. Any such payments to the public retirement systems shall not be used, directly or indirectly, to fund cost-of-living increases for such systems.
(iii) For Fiscal Year 2015-2016 and every fiscal year thereafter the legislature shall appropriate no less than ten percent of any money designated in the official forecast as nonrecurring to the Louisiana State Employees' Retirement System and the Teachers' Retirement System of Louisiana for application to the balance of the unfunded accrued liability of such systems existing as of June 30, 1988, in proportion to the balance of such unfunded accrued liability of each such system. Any such payments to the public retirement systems shall not be used, directly or indirectly, to fund cost-of-living increases for such systems.
* * *
Section 2. Be it further resolved that this proposed amendment shall be submitted to the electors of the state of Louisiana at the statewide election to be held on October 22, 2011.
Section 3. Be it further resolved that on the official ballot to be used at said election there shall be printed a proposition, upon which the electors of the state shall be permitted to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall read as follows:
To require in Fiscal Years 2013-2014 and 2014-2015 that five percent of money designated in the official forecast as nonrecurring be applied toward the balance of the unfunded accrued liability which existed as of June 30, 1988, for the Louisiana State Employees' Retirement System and the Teachers Retirement System of Louisiana. To further require that in Fiscal Year 2015-2016 and every fiscal year thereafter that ten percent of such nonrecurring revenue be applied to such purposes. (Amends Article VII, Section 10(D)(2)(b))
A true copy:
Tom Schedler Secretary of State
Proposed Amendment No. 3
Regular Session, 2011
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Act 421
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HOUSE BILL NO. 341
BY REPRESENTATIVE HAZEL
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
A JOINT RESOLUTION
Proposing to add Article XII, Section 16 of the Constitution of Louisiana, relative to the Patient's Compensation Fund; to authorize the legislature to create a private custodial fund; to provide relative to the assets and property of the fund; to provide for exemption from a guaranty fund; to provide for the payment of legal obligations; to provide for submission of the proposed amendment to the electors; and to provide for related matters.
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members elected to each house concurring, that there shall be submitted to the electors of the state of Louisiana, for their approval or rejection in the manner provided by law, a proposal to add Article XII, Section 16 of the Constitution of Louisiana, to read as follows:
§16. Patient's Compensation Fund
Section 16.(A) Authorization. Notwithstanding any other provision of this constitution to the contrary, the legislature may establish a private custodial fund to be designated the "Patient's Compensation Fund". Any deposits into a fund established pursuant to this Section are not public monies, but are self-generated, private monies to be held in trust by a board created by the legislature for the use, benefit, and protection of medical malpractice claimants and the private health care provider members. Pursuant to Article VII, Section 10(J) of this constitution, such funds shall not be defined as state general funds or dedicated funds required for deposit in the state treasury.
(B) Patient's Compensation Fund assets. The assets of a fund, when established pursuant to this Section, shall not be state property, shall not be subject to appropriation by the legislature, and shall not be required for deposit in the state treasury pursuant to Article VII, Section 9(A) of this constitution. Assets of such a fund shall consist of all surcharges collected from health care provider members and filing fees collected from claimants, all reserves to pay future claims, all interest earned upon any monies invested by the board, any securities acquired through the investment of fund monies, all earnings on such securities, and all other monies and assets deposited into the fund.
(C) Guaranty fund. Any such fund created pursuant to this Section shall be exempt from participation in and shall not join or contribute financially to or be entitled to the protection of any plan, pool, association, or guaranty fund or insolvency fund.
(D) Full faith and credit. No fund nor board that may be created pursuant to this Section may rely on the full faith and credit of this state for the payment of legal obligations.
(E) State general funds. Any such fund or board created pursuant to this Section shall not be entitled to an appropriation of state general funds without a specific appropriation approved by the legislature.
Section 2. Be it further resolved that this proposed amendment shall be submitted to the electors of the state of Louisiana at the statewide election to be held on October 22, 2011.
Section 3. Be it further resolved that on the official ballot to be used at said election there shall be printed a proposition, upon which the electors of the state shall be permitted to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall read as follows:
To authorize the legislature to establish a private custodial fund, designated as the Patient's Compensation Fund, for the use, benefit, and protection of medical malpractice claimants and private health care provider members; to provide that assets of the fund shall not be state property. (Adds Article XII, Section 16)
A true copy:
Tom Schedler Secretary of State
Proposed Amendment No. 4
Regular Session, 2011
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Act 424
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SENATE BILL NO. 147
BY SENATORS CHAISSON AND JACKSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
A JOINT RESOLUTION
Proposing to add Article VII, Section 10.3(C)(5) of the Constitution of Louisiana, relative to the Budget Stabilization Fund; to provide for deposits into the Budget Stabilization Fund in certain circumstances; to provide for the interruption of deposits into the Budget Stabilization Fund in certain circumstances; and to specify an election for submission of the proposition to electors and provide a ballot proposition.
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members elected to each house concurring, that there shall be submitted to the electors of the state, for their approval or rejection in the manner provided by law, a proposal to add Article VII, Section 10.3(C)(5) of the Constitution of Louisiana, to read as follows:
ARTICLE VII
§10.3. Budget Stabilization Fund
Section 10.3.
* * *
(C) The money in the fund shall not be available for appropriation or use except under the following conditions:
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(5)(a) If at any time mineral revenues exceed the base as provided in Subsubparagraphs (A)(2)(a) and (b), and monies in the fund are made available for appropriation or use as provided in Paragraph (C), no deposit of mineral revenues, except those deposits into the fund for such purposes included in the official forecast of the Revenue Estimating Conference, shall be made as provided in Subsubparagraph (A)(2)(a) in the fiscal year for which money in the fund is appropriated or for which money in the fund is incorporated into the official forecast nor for the ensuing fiscal year, except by specific appropriation by the legislature. Thereafter, deposits of mineral revenues shall resume as provided in Subsubparagraph (A)(2)(a) except in an annual amount not to exceed one-third of the most recent amount made available for appropriation or use as provided in this Paragraph for the next three years after the ensuing year, until either the balance in the fund equals the maximum as provided in Subparagraph (C)(4) or an amount equal to the amount made available for appropriation or use is deposited into the fund, whichever is less. Amounts which are not deposited into the fund in one fiscal year as provided in this Subparagraph shall be deposited into the fund in the subsequent fiscal year until the amount withdrawn or used is satisfied or until the balance in the fund reaches the maximum as provided in Subparagraph (C)(4). The resumption of these deposits shall not cease because of a subsequent withdrawal from the fund.
(b) Except as provided in Subsubparagraph (C)(5)(a) of this Paragraph, in the fiscal year for which money in the fund is appropriated or incorporated into the official forecast or for the ensuing fiscal year, deposits to the fund shall be made as provided in Paragraph (A) of this Section.
Section 2. Be it further resolved that this proposed amendment shall be submitted to the electors of the state of Louisiana at the statewide election to be held on October 22, 2011.
Section 3. Be it further resolved that on the official ballot to be used at said election there shall be printed a proposition, upon which the electors of the state shall be permitted to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall read as follows:
To provide that if at any time mineral revenues exceed the base provided by law and monies are withdrawn from the Budget Stabilization Fund, no deposit of mineral revenues shall be made to the Budget Stabilization Fund in the same or ensuing fiscal year in which monies in the fund are appropriated or incorporated into the official forecast, except by specific legislative appropriation, and thereafter deposits of mineral revenues into the fund shall resume except in an annual amount not to exceed one-third of the most recent amount appropriated or incorporated into the official forecast. (Adds Article VII, Section 10.3(C)(5))
A true copy:
Tom Schedler Secretary of State
Proposed Amendment No. 5
First Extraordinary Session, 2011
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Act 43
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HOUSE BILL NO. 30
BY REPRESENTATIVE LEGER
A JOINT RESOLUTION
Proposing to amend Article VII, Section 25(A)(2) of the Constitution of Louisiana, relative to ad valorem property taxes; to provide relative to minimum required bids in tax sales; to specify applicability to one or more political subdivisions or local areas; to provide for submission of the proposed amendment to the electors; and to provide for related matters.
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members elected to each house concurring, that there shall be submitted to the electors of the state of Louisiana, for their approval or rejection in the manner provided by law, a proposal to amend Article VII, Section 25(A)(2) of the Constitution of Louisiana, to read as follows:
§25. Tax Sales
Section 25.(A) Tax Sales.
* * *
(2) If property located in a municipality with a population of more than four hundred fifty thousand persons as of the most recent federal decennial census the city of New Orleans fails to sell for the minimum required bid in the tax sale, the collector may offer the property for sale at a subsequent sale with no minimum required bid. The proceeds of the sale shall be applied to the taxes, interest, and costs due on the property, and any remaining deficiency shall be eliminated from the tax rolls.
* * *
Section 2. Be it further resolved that this proposed amendment shall be submitted to the electors of the state of Louisiana at the statewide election to be held on October 22, 2011.
Section 3. Be it further resolved that on the official ballot to be used at said election there shall be printed a proposition, upon which the electors of the state shall be permitted to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall read as follows:
To amend provisions relative to tax sales in order to maintain an existing exemption from the minimum bid requirements for tax sales in the city of New Orleans due to changes in populations according to the 2010 census. (Amends Article VII, Section 25(A)(2))
A true copy:
Tom Schedler Secretary of State
1td: September 13, 2011

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