Louisiana 2012 2012 Regular Session

Louisiana House Bill HB414 Engrossed / Bill

                    HLS 12RS-604	ENGROSSED
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Regular Session, 2012
HOUSE BILL NO. 414
BY REPRESENTATIVE BARROW
TOURISM/COMMISSION:  Changes the name of the Baton Rouge Area Convention and
Visitors Bureau
AN ACT1
To amend and reenact R.S. 33:4574(B)(6) and (F)(1)(a) and (b)(v), 4574.1.1(A)(6) and (L),2
and 4574.16(introductory paragraph) and to repeal R.S. 33:4574.1.1(H), relative to3
East Baton Rouge Parish; to provide relative to the Baton Rouge Area Convention4
and Visitors Bureau; to change the name of the bureau; to provide for legislative5
intent; to direct the Louisiana State Law Institute to change the name of the bureau6
in other provisions of law; and to provide for related matters.7
Notice of intention to introduce this Act has been published8
as provided by Article III, Section 13 of the Constitution of9
Louisiana.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 33:4574(B)(6) and (F)(1)(a) and (b)(v), 4574.1.1(A)(6) and (L), and12
4574.16(introductory paragraph) are hereby amended and reenacted to read as follows: 13
§4574.  Tourist commissions; creation; purpose; directors; powers14
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B. Pursuant to Article VI, Sections 19 and 30 of the Constitution of16
Louisiana, the following commissions and bureaus, hereafter collectively referred17
to in this Chapter as "tourist commissions" or "commissions", are hereby specifically18
created as special districts or commissions.  Each such commission shall be a body19 HLS 12RS-604	ENGROSSED
HB NO. 414
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politic and corporate and a political subdivision of the state of Louisiana, composed1
of the following territory:2
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(6) Baton Rouge Area Convention and Visitors Bureau Visit Baton Rouge4
composed of all the territory in East Baton Rouge Parish.5
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F.(1)(a)  Unless provided otherwise in any local, special, or general law for7
a particular commission, the commission shall be governed by a board of seven8
directors, hereinafter hereafter also referred to as the governing authority of the9
commission in this Chapter, to be appointed by the governing authority or authorities10
of the parish or parishes creating the commission or, in the case of the commissions11
provided for in Subsection B of this Section, those the parish or parishes which are12
within the territory of the commission. However, the St. Mary Parish Tourist13
Commission, the Houma Area Convention and Visitors Bureau, and the Vermilion14
Parish Tourist Commission shall be governed by a board of nine directors; the Baton15
Rouge Area Convention and Visitors Bureau Visit Baton Rouge shall be governed16
by a board of ten directors; and the Monroe-West Monroe Convention and Visitor's17
Bureau of Ouachita Parish shall be governed by a board of eleven directors18
appointed by the Ouachita Parish Police Jury.19
(b)20
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(v) The term of each member of the board of commissioners of the Baton22
Rouge Area Convention and Visitors Bureau Visit Baton Rouge shall expire on23
December thirty-first of the respective year. The term of each member of the board24
of commissioners of the Baton Rouge Area Convention and Visitors Bureau Visit25
Baton Rouge in office on June 26, 2001, shall be extended until December thirty-first26
of the year the term would otherwise expire.27
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§4574.1.1.  Occupancy taxes levied by the commissions1
A. For the purposes set forth in Paragraph (F)(3) of this Section, a2
commission created pursuant to R.S. 33:4574(B) is authorized to levy and collect a3
tax upon the occupancy of hotel rooms, motel rooms, and overnight camping4
facilities within the jurisdiction of the commission. Such tax shall not exceed the5
following percentages of the rent or fee charged for such occupancy:6
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(6) Baton Rouge Area Convention and Visitors Bureau Visit Baton Rouge,8
four percent subject to the provisions of Subsection GL of this Section.9
Notwithstanding any provision of law to the contrary, the aggregate rate of10
occupancy taxes levied by all commissions in East Baton Rouge Parish shall not11
exceed the rate authorized by this 	Subparagraph Paragraph.12
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L.  The Baton Rouge Area Convention and Visitors Bureau Visit Baton14
Rouge shall distribute and use the proceeds derived from one percent of the tax15
levied pursuant to this Section for capital improvements and expansion of the16
Riverside Centroplex Arena and Exhibition Center and the proceeds derived from17
the remaining three percent of the tax for such purposes as determined by the bureau18
Visit Baton Rouge. If the governing authority of the city-parish of Baton Rouge and19
East Baton Rouge Parish abandons the planned capital improvements and expansion20
of the Riverside Centroplex Arena and Exhibition Center, the tax rate shall not21
exceed three percent. At such time as all costs for the capital improvements and22
expansion of the Riverside Centroplex Arena and Exhibition Center are paid in full,23
the tax rate shall not exceed three percent.24
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§4574.16.  Baton Rouge Area Convention and Visitors Bureau Visit Baton Rouge;26
additional powers27
Notwithstanding any provision of law to the contrary, the Baton Rouge Area28
Convention and Visitors Bureau Visit Baton Rouge shall have all powers necessary29 HLS 12RS-604	ENGROSSED
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or convenient to effectuate its purposes, including but not limited to the following1
rights and powers:2
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Section 2.  R.S. 33:4574.1.1(H) is hereby repealed in its entirety.4
Section 3. The Baton Rouge Area Convention and Visitors Bureau shall be known5
hereafter as Visit Baton Rouge and shall continue in existence and shall continue to be6
composed and continue to exercise powers and duties as provided by law. The change of7
name shall not affect any unfinished business of the bureau, nor shall it affect the status of8
any law, document, or legal proceeding which refers to the bureau, nor shall it affect terms9
of members of the governing board. In addition, the amendment and reenactment of R.S.10
33:4574(F)(1)(a) and (b)(v) is only intended to change the name of the bureau and shall not11
affect the terms of the governing board members.12
Section 4. The Louisiana State Law Institute is hereby authorized and directed to13
change "Baton Rouge Area Convention and Visitors Bureau" to "Visit Baton Rouge" in the14
following provisions:  R.S. 33:4574(F)(1)(b)(iv) and 9038.61(H) and R.S. 42:1123(33).15
Section 5. This Act shall become effective upon signature by the governor or, if not16
signed by the governor, upon expiration of the time for bills to become law without signature17
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If18
vetoed by the governor and subsequently approved by the legislature, this Act shall become19
effective on the day following such approval.20
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)]
Barrow	HB No. 414
Abstract: Changes the name of the Baton Rouge Area Convention and Visitors Bureau.
Present law provides that certain named tourist commissions and convention and visitors
bureaus are created as special districts or commissions. Each such commission or
bureau is a body politic and corporate and a political subdivision. Present law (R.S.
33:4574(B)(6)) creates the Baton Rouge Area Convention and Visitors Bureau as a special
district composed of all of the territory in East Baton Rouge Parish.
Proposed law retains present law and changes the name of the bureau to Visit Baton Rouge. HLS 12RS-604	ENGROSSED
HB NO. 414
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are additions.
Proposed law further provides that the bureau continues in existence and continues to be
composed and exercise powers and duties as provided by law. Provides that the change of
name does not affect any unfinished business of the bureau, nor does it affect the status of
any law, document, or legal proceeding which refers to the bureau.  Proposed law
additionally provides that the terms of the bureau's governing board members shall not be
affected.
Proposed law directs the La. Law State Institute to change the name of the bureau in other
provisions of present law.
Present law authorizes the governing authority of the commission in East Baton Rouge
Parish to levy and collect a tax upon the occupancy of hotel rooms as defined in present law
(Act No. 62 of the 1972 R.S.) within the city of Baton Rouge and the parish of East Baton
Rouge not to exceed the percentage set in present law (R.S. 33:4574.1.1(A)(6))
Proposed law repeals present law as Act No. 62 of the 1972 R.S. was repealed by Act
No.1090 of the 1997 R.S.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 33:4574(B)(6) and (F)(1)(a) and (b)(v), 4574.1.1(A)(6) and (L), and 4574.16
(intro. para.); Repeals R.S. 33:4574.1.1(H))