HLS 12RS-223 ORIGINAL Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2012 HOUSE BILL NO. 412 BY REPRESENTATIVE JOHNSON TAX/HOTEL OCCUPANCY: Statutorily substitutes the city of Bunkie, in lieu of a certain population range, as the taxing authority authorized to levy and collect a hotel occupancy tax AN ACT1 To amend and reenact R.S. 47:338.210(A)(1), (B), (C), and (D), relative to the hotel2 occupancy tax; to provide for legislative intent relative to substitution of the city of3 Bunkie for municipalities in a particular population range in existing law which is4 authorized to levy and collect a hotel occupancy tax; and to provide for related5 matters.6 Notice of intention to introduce this Act has been published7 as provided by Article III, Section 13 of the Constitution of8 Louisiana.9 Be it enacted by the Legislature of Louisiana:10 Section 1. R.S. 47:338.210(A)(1), (B), (C), and (D) are hereby amended and11 reenacted to read as follows: 12 ยง338.210. City of Bunkie; Hotel hotel occupancy tax; certain municipalities13 authorization14 A.(1) In addition to any other tax levied and collected, the governing15 authority of a municipality with a population of between four thousand one hundred16 fifty and four thousand two hundred fifty persons according to the most recent17 federal decennial census the city of Bunkie may levy and collect a tax upon the paid18 HLS 12RS-223 ORIGINAL HB NO. 412 Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. occupancy of hotel rooms located within the municipality city. The hotel occupancy1 tax shall not exceed five percent of the rent or fee charged for such occupancy.2 * * *3 B. The governing authority of the municipality city of Bunkie shall impose4 the hotel occupancy tax by ordinance or resolution. The governing authority may5 adopt such ordinance or resolution only after a proposition authorizing the levy of6 the tax has been approved by a majority of the electors of the municipality city7 voting at an election held for that purpose in accordance with the Louisiana Election8 Code. The governing authority may provide in the ordinance or resolution necessary9 and appropriate rules and regulations for the imposition, collection, and enforcement10 of the hotel occupancy tax.11 C. The governing authority may enter into a contract, under terms and12 conditions it deems appropriate, including payment of a reasonable collection fee,13 with any public entity authorized to collect sales or use taxes for the collection of the14 hotel occupancy tax authorized by this Section. The hotel occupancy tax shall be in15 addition to all taxes levied upon the occupancy of hotel rooms located within the16 municipality city.17 D. Except as provided in Subsection C of this Section, the proceeds of the18 tax shall be deposited in the general fund of the municipality city and shall be used19 solely for public purposes within the municipality city.20 Section 2. This Act is intended to substitute the city of Bunkie for a municipality21 with a population between four thousand one hundred fifty and four thousand two hundred22 fifty according to the latest federal decennial census in existing law and not to authorize an23 additional tax nor to require additional voter approval of any tax levied by the city of Bunkie24 under authority of R.S. 47:338.210 (redesignated from R.S. 33:2740.18.5) prior to the25 effective date of this Act.26 Section 3. This Act shall become effective upon signature by the governor or, if not27 signed by the governor, upon expiration of the time for bills to become law without signature28 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If29 HLS 12RS-223 ORIGINAL HB NO. 412 Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. vetoed by the governor and subsequently approved by the legislature, this Act shall become1 effective on the day following such approval.2 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] Johnson HB No. 412 Abstract: Statutorily substitutes the city of Bunkie, in lieu of a certain population range, as the taxing authority authorized to levy and collect a hotel occupancy tax. Present law authorizes the governing authority of a municipality with a population between 4,150 and 4,250, subject to voter approval, to levy and collect a hotel occupancy tax. Provides that such tax shall not exceed 5% of the rent or fee charged for such occupancy. Proposed law retains present law but specifies that the provisions of present law apply to the city of Bunkie rather than to the governing authority of a municipality with a population between 4,150 and 4,250. Proposed law specifies legislative intent to substitute Bunkie for municipalities in a certain population range and not to authorize an additional tax or require additional voter approval for a tax levied under present law. Effective upon signature of governor or lapse of time for gubernatorial action. (Amends R.S. 47:338.210(A)(1), (B), (C), and (D))