Louisiana 2012 2012 Regular Session

Louisiana House Bill HB414 Enrolled / Bill

                    ENROLLED
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Regular Session, 2012
HOUSE BILL NO. 414
BY REPRESENTATIVE BARROW AND SENATORS BROOME AND DORSEY-
COLOMB
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
politic and corporate and a political subdivision of the state of Louisiana, composed20
of the following territory:21
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(6) Baton Rouge Area Convention and Visitors Bureau Visit Baton Rouge1
composed of all the territory in East Baton Rouge Parish.2
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F.(1)(a)  Unless provided otherwise in any local, special, or general law for4
a particular commission, the commission shall be governed by a board of seven5
directors, hereinafter hereafter also referred to as the governing authority of the6
commission in this Chapter, to be appointed by the governing authority or authorities7
of the parish or parishes creating the commission or, in the case of the commissions8
provided for in Subsection B of this Section, those the parish or parishes which are9
within the territory of the commission.  However, the St. Mary Parish Tourist10
Commission, the Houma Area Convention and Visitors Bureau, and the Vermilion11
Parish Tourist Commission shall be governed by a board of nine directors; the Baton12
Rouge Area Convention and Visitors Bureau Visit Baton Rouge shall be governed13
by a board of ten directors; and the Monroe-West Monroe Convention and Visitor's14
Bureau of Ouachita Parish shall be governed by a board of eleven directors15
appointed by the Ouachita Parish Police Jury.16
(b)17
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(v) The term of each member of the board of commissioners of the Baton19
Rouge Area Convention and Visitors Bureau Visit Baton Rouge shall expire on20
December thirty-first of the respective year. The term of each member of the board21
of commissioners of the Baton Rouge Area Convention and Visitors Bureau in office22
on June 26, 2001, shall be extended until December thirty-first of the year the term23
would otherwise expire.24
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§4574.1.1.  Occupancy taxes levied by the commissions26
A. For the purposes set forth in Paragraph (F)(3) of this Section, a27
commission created pursuant to R.S. 33:4574(B) is authorized to levy and collect a28
tax upon the occupancy of hotel rooms, motel rooms, and overnight camping29 ENROLLEDHB NO. 414
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facilities within the jurisdiction of the commission.  Such tax shall not exceed the1
following percentages of the rent or fee charged for such occupancy:2
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(6) Baton Rouge Area Convention and Visitors Bureau Visit Baton Rouge,4
four percent subject to the provisions of Subsection GL of this Section.5
Notwithstanding any provision of law to the contrary, the aggregate rate of6
occupancy taxes levied by all commissions in East Baton Rouge Parish shall not7
exceed the rate authorized by this 	Subparagraph Paragraph.8
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L.  The Baton Rouge Area Convention and Visitors Bureau Visit Baton10
Rouge shall distribute and use the proceeds derived from one percent of the tax11
levied pursuant to this Section for capital improvements and expansion of the12
Riverside Centroplex Arena and Exhibition Center Baton Rouge Rivercenter and the13
proceeds derived from the remaining three percent of the tax for such purposes as14
determined by the bureau  Visit Baton Rouge. If the governing authority of the city-15
parish of Baton Rouge and East Baton Rouge Parish abandons the planned capital16
improvements and expansion of the Riverside Centroplex Arena and Exhibition17
Center Baton Rouge Rivercenter, the tax rate shall not exceed three percent. At such18
time as all costs for the capital improvements and expansion of the Riverside19
Centroplex Arena and Exhibition Center Baton Rouge Rivercenter are paid in full,20
the tax rate shall not exceed three percent.21
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§4574.16.  Baton Rouge Area Convention and Visitors Bureau Visit Baton Rouge;23
additional powers24
Notwithstanding any provision of law to the contrary, the Baton Rouge Area25
Convention and Visitors Bureau Visit Baton Rouge shall have all powers necessary26
or convenient to effectuate its purposes, including but not limited to the following27
rights and powers:28
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Section 2.  R.S. 33:4574.1.1(H) is hereby repealed in its entirety.1
Section 3. The Baton Rouge Area Convention and Visitors Bureau shall be known2
hereafter as Visit Baton Rouge and shall continue in existence and shall continue to be3
composed and continue to exercise powers and duties as provided by law.  The change of4
name shall not affect any unfinished business of the bureau, nor shall it affect the status of5
any law, document, or legal proceeding which refers to the bureau, nor shall it affect terms6
of members of the governing board.  In addition, the amendment and reenactment of R.S.7
33:4574(F)(1)(a) and (b)(v) is only intended to change the name of the bureau and shall not8
affect the terms of the governing board members.9
Section 4. The Louisiana State Law Institute is hereby authorized and directed to10
change "Baton Rouge Area Convention and Visitors Bureau" to "Visit Baton Rouge" in the11
following provisions:  R.S. 33:4574(F)(1)(b)(iv) and 9038.61(H) and R.S. 42:1123(33).12
Section 5. This Act shall become effective upon signature by the governor or, if not13
signed by the governor, upon expiration of the time for bills to become law without signature14
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If15
vetoed by the governor and subsequently approved by the legislature, this Act shall become16
effective on the day following such approval.17
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: