HLS 15RS-390 ENGROSSED 2015 Regular Session HOUSE BILL NO. 147 BY REPRESENTATIVE MONTOUCET TAX/HOTEL OCCUPANCY: Authorizes the town of Duson to levy a hotel occupancy tax 1 AN ACT 2To enact R.S. 47:338.215, relative to the town of Duson; to authorize the town to levy a 3 hotel occupancy tax; to provide for the use of tax revenues; and to provide for related 4 matters. 5 Notice of intention to introduce this Act has been published 6 as provided by Article III, Section 13 of the Constitution of 7 Louisiana. 8Be it enacted by the Legislature of Louisiana: 9 Section 1. R.S. 47:338.215 is hereby enacted to read as follows: 10 ยง338.215. Town of Duson; hotel occupancy tax; authorization 11 A.(1) In addition to any other tax levied and collected, the governing 12 authority of Duson may levy and collect a tax upon the paid occupancy of hotel 13 rooms located within the town. The hotel occupancy tax shall not exceed four 14 percent of the rent or fee charged for such occupancy. 15 (2) The word "hotel" as used in this Section shall mean and include any 16 establishment, public or private, engaged in the business of furnishing or providing 17 rooms or overnight camping facilities intended or designed for dwelling, lodging, or 18 sleeping purposes to transient guests where such establishment consists of two or 19 more guest rooms and does not encompass any hospital, convalescent or nursing 20 home or sanitarium, or any hotel-like facility operated by or in connection with a 21 hospital or medical clinic providing rooms exclusively for patients and their families. Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-390 ENGROSSED HB NO. 147 1 (3) The person who exercises or is entitled to occupancy of the hotel room 2 shall pay the hotel occupancy tax at the time the rent or fee for occupancy is paid. 3 "Person" as used herein shall have the same definition as that contained in R.S. 4 47:301(8). 5 B. The governing authority of Duson shall impose the hotel occupancy tax 6 by ordinance or resolution. The governing authority may adopt such ordinance or 7 resolution only after a proposition authorizing the levy of the tax has been approved 8 by a majority of the electors of the town voting at an election held for that purpose 9 in accordance with the Louisiana Election Code. The governing authority may 10 provide in the ordinance or resolution necessary and appropriate rules and 11 regulations for the imposition, collection, and enforcement of the hotel occupancy 12 tax. 13 C. The governing authority may enter into a contract with any public entity 14 authorized to collect sales or use taxes, under such terms and conditions as it may 15 deem appropriate including payment of a reasonable collection fee for the collection 16 of the hotel occupancy tax authorized by this Section. The hotel occupancy tax shall 17 be in addition to all taxes levied upon the occupancy of hotel rooms located within 18 the town. 19 D. Except as provided in Subsection C of this Section, the governing 20 authority of the town shall use the proceeds of the tax to fund economic 21 development, the promotion of tourism, and related infrastructure within the town. 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)] HB 147 Engrossed 2015 Regular Session Montoucet Abstract: Authorizes the town of Duson, in Acadia and Lafayette Parishes, to levy and collect a hotel tax at a rate not to exceed 4%, subject to voter approval. Proposed law authorizes the governing authority of Duson (Acadia and Lafayette Parishes), subject to voter approval, to levy and collect a hotel occupancy tax. Provides that such tax shall not exceed 4% of the rent or fee charged for such occupancy. Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-390 ENGROSSED HB NO. 147 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 economic development, the promotion of tourism, and related infrastructure within the town. (Adds R.S. 47:338.215) Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions.