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Rs 47:1502.1 Merger And Consolidation Of State Tax Collector For The City Of New Orleans, Into The Collector Of Revenue; Transfer Of Functions, Records, Money, And Equipment; Additional Powers And Functions Of Collector Of Revenue; Transfer Of Functions, Records, Mone

§1502.1. Merger and consolidation of state tax collector for the city of New

Orleans, into the collector of revenue; transfer of functions, records,

money, and equipment; additional powers and functions of collector of

revenue; transfer of functions, records, money, equipment and powers

to the city of New Orleans

A. By authority of Section 32 of Article III of the constitution of 1921,

all of the functions, programs and operations of every kind of the state tax

collector for the city of New Orleans are hereby merged and consolidated into

the collector of revenue whose duties and functions are of a similar nature or

character. The collector of revenue shall exercise the administrative functions

of the state tax collector for the city of New Orleans on and after January 1,

1975 as now or hereafter to be authorized to be exercised by the constitution

and laws in relation to the administration, management and operations of the

functions, programs and operations of the office of state tax collector for the

city of New Orleans hereby consolidated and particularly Section 21 of Article

XIV and Section 11 of Article X of the constitution of 1921, and R.S. 47:2051

through 47:2114.

(1) The collector of revenue shall have the authority to use the services,

personnel and facilities of the city of New Orleans to assist in performing his

duties in the issuance of state tax researches, and to deputize one or more

employees of the city of New Orleans to certify as to the correctness of said

state tax researches.

(2) The city of New Orleans is hereby authorized to charge a fee of six

dollars for the services rendered in connection with the issuance of each such

tax research.

B. Under the transfer of functions provided for herein, any pending or

unfinished business of the state tax collector for the city of New Orleans shall

be taken over and be completed by the collector of revenue with the same

power and authority as the office from which the functions are transferred, and

every act done by the collector of revenue in the exercise of such functions

shall be deemed to have the same force and effect under all pertinent

provisions of law as if done by the official from whom such functions are

transferred.

C. All books, papers, records, money, choses in action and all other

property of every kind and description, movable and immovable, real and

personal, heretofore possessed, controlled or used by the state tax collector for

the city of New Orleans in the exercise of functions hereby transferred, are

hereby transferred to the collector of revenue.

D. In addition to the functions, powers and duties otherwise vested in

the collector of revenue by the provisions of this section, the collector of

revenue shall have and exercise the power and authority to contract with the

city of New Orleans to utilize the services and personnel of the city of New

Orleans to assist him in the performance of his duties herein transferred

including the issuance of tax researches as provided by Section 21 of Article

XIV of the constitution of 1921, the handling of tax sales and redemptions of

property as provided by Section 11 of Article X of the constitution of 1921 and

the performance and/or discharge of such other duties, functions and

responsibilities provided by law as the collector of revenue may deem

necessary and proper; provided that said contracts shall call for issuance of

state tax researches in substantially the same form as that used in 1974, and

that the master tax records shall be preserved and kept available for public use.

The contract between the collector of revenue and the city of New

Orleans as hereinabove provided for shall contain such terms and provisions

as shall be deemed necessary, proper and advisable.

E. Beginning with the taxes levied for the calendar year 1976 and

thereafter, the taxes levied by the Board of Levee Commissioners of the

Orleans Levee District under its constitutional authority shall be collected by

the city of New Orleans upon certification of the rate of the tax to the council

of the city of New Orleans, which shall cause the tax to be entered on the tax

rolls of the city and collected in the manner and under the conditions and with

the interest and penalties prescribed by law for city taxes. Such tax levied by

the Orleans Levee District shall be collected at the same time as the collection

of taxes levied by the city of New Orleans. The director of finance for the city

of New Orleans is hereby authorized to deduct from the aggregate amount of

all such taxes collected, a commission in the amount and upon such terms and

provisions as shall be agreed upon by and between the Board of Levee

Commissioners of the Orleans Levee District and the city of New Orleans and

deposit such amount in the general fund of the city of New Orleans, but in no

instance shall the commission agreed upon be less than the actual cost of

collection. Except as hereinabove set forth, there will be no further deductions

as provided in, but not limited to, those deductions provided for in: R.S.

13:933, R.S. 17:696, R.S. 17:829.1, R.S. 33:1453, R.S. 33:5582, R.S. 33:1504,

R.S. 47:1910, R.S. 18:1835, R.S. 47:1915, R.S. 16:1105, and R.S. 47:2057.

The money then remaining from the total amount collected shall be paid to

said board.

The city of New Orleans, as collector of the taxes levied by the Board

of Levee Commissioners of the Orleans Levee District, shall exercise all

administrative functions necessarily incidental thereto as now or hereafter to

be authorized to be exercised by the constitution and laws in relation to the

administration, management and operations of the functions, programs and

operations of the former state tax collector for the city of New Orleans as

provided in Article XIV, Section 21 and Article X, Section 11 of the

constitution of 1921, and R.S. 47:2052 through R.S. 47:2114. Any pending or

unfinished business of the state tax collector for the city of New Orleans as

begun by the collector of revenue shall be taken over and completed by the city

of New Orleans, with the same power and authority as the office from which

the functions are transferred, and every act done by the city of New Orleans in

the exercise of such functions shall be deemed to have the same force and

effect under all pertinent provisions of law, as if done by the official from

whom such functions are transferred.

Added by Acts 1974, No. 495, §1. Amended by Acts 1975, 1st Ex.

Sess., No. 15, §1, eff. Jan. 28, 1975; Acts 1975, No. 741, §1.

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Local Government
Louisiana
3
8
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John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
orleans
tax
collector
revenue
functions
constitution
power
exercise
authority
transferred