ENROLLED Page 1 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions. ACT No. 922 Regular Session, 2010 HOUSE BILL NO. 538 BY REPRESENTATIVE BURFORD AN ACT1 To enact R.S. 33:2740.18.4, relative to the city of Mansfield; to authorize the governing2 authority of the city to levy and collect a hotel occupancy tax subject to voter3 approval; to provide for the use of such tax; and to provide for related matters.4 Notice of intention to introduce this Act has been published5 as provided by Article III, Section 13 of the Constitution of6 Louisiana.7 Be it enacted by the Legislature of Louisiana:8 Section 1. R.S. 33:2740.18.4 is hereby enacted to read as follows:9 ยง2740.18.4. City of Mansfield; hotel occupancy tax; authorization10 A.(1) Notwithstanding any other provision of law, and in addition to any11 other tax now or hereafter levied and collected, the governing authority of the city12 of Mansfield may levy and collect a tax upon the paid occupancy of hotel rooms13 located within the city. The hotel occupancy tax shall not exceed three percent of the14 rent or fee charged for such occupancy.15 (2) The word "hotel" as used in this Section shall mean and include any16 establishment, public or private, engaged in the business of furnishing or providing17 rooms or overnight camping facilities intended or designed for dwelling, lodging, or18 sleeping purposes to transient guests where such establishment consists of two or19 more guest rooms and does not encompass any hospital, convalescent or nursing20 home or sanitarium, or any hotel-like facility operated by or in connection with a21 hospital or medical clinic providing rooms exclusively for patients and their families.22 (3) The person who exercises or is entitled to occupancy of the hotel room23 shall pay the hotel occupancy tax at the time the rent or fee for occupancy is paid.24 ENROLLEDHB NO. 538 Page 2 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions. "Person" as used herein shall have the same definition as that contained in R.S.1 47:301(8).2 B. The governing authority of the city of Mansfield shall impose the hotel3 occupancy tax by ordinance or resolution. The governing authority may adopt such4 ordinance or resolution only after a proposition authorizing the levy of the tax has5 been approved by a majority of the electors of the city voting on the proposition at6 an election held for that purpose in accordance with the Louisiana Election Code.7 The governing authority may provide in the ordinance or resolution necessary and8 appropriate rules and regulations for the imposition, collection, and enforcement of9 the hotel occupancy tax.10 C. The governing authority may enter into a contract, under such terms and11 conditions as it may deem appropriate, including payment of a reasonable collection12 fee, with any public entity authorized to collect sales or use taxes for the collection13 of the hotel occupancy tax authorized by this Section. The hotel occupancy tax shall14 be in addition to all other taxes levied upon the occupancy of hotel rooms located15 within the city.16 D. Except as provided in Subsection C of this Section, the proceeds of the17 tax shall be deposited in the general fund of the city of Mansfield and shall be used18 solely for public purposes within the city.19 Section 2. This Act shall become effective on July 1, 2010; if vetoed by the governor20 and subsequently approved by the legislature, this Act shall become effective on July 1,21 2010, or on the day following such approval by the legislature, whichever is later.22 SPEAKER OF THE HOUSE OF REPRESENTATI VES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED: