Opinion

Orleans Parish School Board v. McNamara

  • 532 So. 2d 512
  • 1988 La. App. LEXIS 2079
  • 1988 WL 108816
Court
Louisiana Court of Appeal
Filed
Oct 12, 1988
Status
Published
Author
Shortess
On the bench
Edwards, Reasons, Savoie, Shortess
Cited by
1 cases

The opinion

SHORTESS, Judge,

concurring.

The trial judge found that LSA-R.S. 47:332(A) was neither suspended, amended, nor repealed by H.C.R. # 55, but that H.C. R. # 55 suspended exemptions from the 1% tax levied by LSA-R.S. 47:331. However, he reasoned that LSA-R.S. 47:305.29 was a limitation rather than exemption and thus was not suspended by H.C.R. # 55. The majority opinion fails to address that distinction.

LSA-R.S. 47:305.29 says, simply, that additional sales and use taxes “shall not apply’’ to the state, or to various local governmental subdivisions. LSA-R.S. 47:332 makes that language applicable to the additional 1% tax levied by LSA-R.S. 47:331, saying that the tax “shall be subject to the same definitions, exemptions, tax credits, penalties, and limitations now or hereafter prescribed in Chapter 2.” LSA-R.S. 47:305.29 is found in Chapter 2.

H.C.R. # 55 suspended all exemptions in Chapter 2, “insofar as they are made applicable to the additional 1% tax levied pursuant to LSA-R.S. 47:331 by virtue of the provisions of R.S. 47:332 ” (emphasis supplied). The provisions of LSA-R.S. 47:332, quoted above, refer broadly to both the limitations and exemptions of Chapter 2, and must necessarily cover LSA-R.S. 47:305.29. Thus, it makes no difference whether LSA-R.S. 47:305.29 was a limitation or an exemption because, when H.C.R. # 55 suspended LSA-R.S. 47:332, it also necessarily suspended LSA-R.S. 47:305.29. And the failure to refer specifically to LSA-R.S. 47:332(A) means only that it was unnecessary to do so, in light of the general reference to LSA-R.S. 47:332. The repeal of Parts (B), (C), and (D) and subsequent rewriting of Part (B) of LSA-R.S. 47:332 by Act 20 of the First Extraordinary Session of 1986, implies only that H.C.R. # 55 suspended all of LSA-R.S. 47:332 left after the repeal — meaning LSA-R.S. 47:332(A). Rewritten LSA-R.S. 47:332(B) merely carries forward that suspension and clarifies it.

I respectfully concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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