HLS 14RS-21 ORIGINAL Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2014 HOUSE BILL NO. 581 BY REPRESENTATIVE HAVARD TAX/HOTEL OCCUPANCY: Authorizes the governing authority of the city of Zachary to levy a hotel occupancy tax AN ACT1 To enact R.S. 47:338.212, relative to the city of Zachary; to authorize the governing2 authority of the city, subject to voter approval, to levy and collect a hotel occupancy3 tax; to provide for the use of the tax proceeds; 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. 47:338.212 is hereby enacted to read as follows:9 ยง338.212. City of Zachary; hotel occupancy tax; authorization10 A.(1) In addition to any other tax levied and collected, the governing11 authority of the city of Zachary may levy and collect a tax upon the paid occupancy12 of hotel rooms located within the city. The hotel occupancy tax shall not exceed five13 percent of the rent or fee charged for such occupancy.14 (2) The word "hotel" as used in this Section shall mean and include any15 establishment, public or private, engaged in the business of furnishing or providing16 rooms or overnight camping facilities intended or designed for dwelling, lodging, or17 sleeping purposes to transient guests where such establishment consists of two or18 more guest rooms and does not encompass any hospital, convalescent or nursing19 HLS 14RS-21 ORIGINAL HB NO. 581 Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. home or sanitarium, or any hotel-like facility operated by or in connection with a1 hospital or medical clinic providing rooms exclusively for patients and their families.2 (3) The person who exercises or is entitled to occupancy of the hotel room3 shall pay the hotel occupancy tax at the time the rent or fee for occupancy is paid.4 "Person" as used in this Paragraph shall have the same definition as that contained5 in R.S. 47:301(8).6 B. The governing authority of the city of Zachary shall impose the hotel7 occupancy tax by ordinance. The governing authority may adopt such ordinance8 only after a proposition authorizing the levy of the tax has been approved by a9 majority of the electors of the city voting at an election held for that purpose in10 accordance with the Louisiana Election Code. The governing authority may provide11 in the ordinance necessary and appropriate rules and regulations for the imposition,12 collection, and enforcement of the hotel occupancy tax.13 C. The governing authority may enter into a contract with any public entity14 authorized to collect sales or use taxes, under such terms and conditions as it may15 deem appropriate, including payment of a reasonable collection fee, for the16 collection of the hotel occupancy tax authorized by this Section. The hotel17 occupancy tax shall be in addition to all taxes levied upon the occupancy of hotel18 rooms located within the city.19 D. Except as provided in Subsection C of this Section, the governing20 authority of the city shall use the proceeds of the tax to fund infrastructure21 improvements for the Zachary Youth Park and to fund other recreational22 opportunities within the city of Zachary.23 Section 2. This Act shall become effective on July 1, 2014; if vetoed by the governor24 and subsequently approved by the legislature, this Act shall become effective on July 1,25 2014, or on the day following such approval by the legislature, whichever is later.26 HLS 14RS-21 ORIGINAL HB NO. 581 Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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)] Havard HB No. 581 Abstract: Authorizes the governing authority of the city of Zachary to levy and collect a hotel tax at a rate not to exceed 5%, subject to voter approval. Proposed law authorizes the governing authority of the city of Zachary, 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 requires that the tax be paid by the person who exercises or is entitled to occupancy of the hotel room at the time the rent or fee for occupancy is paid. Authorizes the governing authority to contract with any public entity authorized to collect sales or use taxes for the collection of the hotel occupancy tax. Requires that the proceeds of the tax be used to fund infrastructure improvements for the Zachary Youth Park and other recreational opportunities within the city of Zachary. Effective July 1, 2014. (Adds R.S. 47:338.212)