2016 Regular Session ENROLLED SENATE BILL NO. 137 BY SENATOR BARROW 1 AN ACT 2 To amend and reenact R.S. 33:2740.67(B) and (C)(1)(j) and to enact R.S. 33:2740.67(G) and 3 R.S. 47:338.217, relative to Baton Rouge North Economic Development; to provide 4 relative to the boundaries and membership of the board; to provide for hotel 5 occupancy tax; and to provide for related matters. 6 Notice of intention to introduce this Act has been published. 7 Be it enacted by the Legislature of Louisiana: 8 Section 1. R.S. 33:2740.67(B) and (C)(1)(j) are hereby amended and reenacted and 9 R.S. 33:2740.67(G) is hereby enacted to read as follows: 10 §2740.67. Baton Rouge North Economic Development District 11 * * * 12 B. Boundaries. The district shall include the area within the following 13 boundaries: beginning at the intersection of North 22nd Street and Florida 14 Boulevard, east along Florida Boulevard to its intersection with North Sherwood 15 Forest Drive, then north along North Sherwood Forest Drive to its intersection with 16 Greenwell Springs Road, then southwest along Greenwell Springs Road to its 17 intersection with Joor Road, then north along Joor Road to its intersection with 18 Mickens Road, then west along Mickens Road to its intersection with Hooper Road, 19 then west along Hooper Road to its intersection with Harding Boulevard, continuing 20 west along Harding Boulevard to its intersection with Veterans Memorial 21 Boulevard, then north along Veterans Memorial Boulevard to its intersection 22 with Rosenwald Road, then west along Rosenwald Road to its intersection with 23 Scenic Highway, then south along Scenic Highway to its intersection with Main 24 Street, then east along Main Street to its intersection with North 22nd Street, then 25 south along North 22nd Street to the point of beginning. 26 C. Governance. (1) In order to provide for the orderly planning, development, ACT No. 528 Page 1 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 137 ENROLLED 1 acquisition, construction, and effectuation of the services, improvements, and 2 facilities to be furnished by the district and to provide for the representation in the 3 affairs of the district of those persons and interests immediately concerned with and 4 affected by the purposes and development of the district, the district shall be 5 managed by a thirteen-member board of commissioners, referred to in this Section 6 as the "board". The board shall be comprised of members as follows: 7 * * * 8 (j) The branch manager of a bank One urban designer or community 9 developer located within the district to be selected by a subcommittee formed by the 10 board. 11 * * * 12 G. (1) The governing authority of East Baton Rouge Parish may levy and 13 collect a tax upon the paid occupancy of hotel rooms located within the 14 boundaries of the district. The tax shall be two percent of the rent or fee 15 charged for such occupancy. The tax shall be paid by the person who exercises, 16 or is entitled to, occupancy of the hotel room and shall be paid at the time the 17 rent or fee for occupancy is paid. The tax shall be imposed by ordinance 18 adopted by the governing authority of East Baton Rouge Parish, and the 19 ordinance may provide for necessary rules and regulations for imposition, 20 collection, and enforcement of the tax. Should the governing authority take 21 action as authorized in this Paragraph to collect the hotel occupancy tax, the 22 collection shall begin no earlier than September 1, 2016. 23 (2) The net proceeds of the tax after deduction of reasonable collection 24 expenses shall be made available to the district for any of the district's lawful 25 purposes and as provided by the ordinance dedicating the proceeds. 26 Section 2. R.S. 47:338.217 is hereby enacted to read as follows: 27 §338.217. Hotel occupancy tax in East Baton Rouge Parish 28 A. Notwithstanding any other provision of law, and in addition to any 29 other tax now or hereafter levied and collected, the governing authority of East 30 Baton Rouge Parish, is hereby authorized and empowered to levy and collect a Page 2 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 137 ENROLLED 1 tax upon the paid occupancy of hotel rooms located within East Baton Rouge 2 Parish, but not located within the municipalities of Baker, Central, or Zachary 3 or the area within the boundaries of the Baton Rouge North Economic 4 Development District, which are hereby excepted. The hotel occupancy tax shall 5 be two percent of the rent or fee charged for such occupancy. The hotel 6 occupancy tax shall be paid by the person who exercises or is entitled to 7 occupancy of the hotel room and shall be paid at the time the rent or fee for 8 occupancy is paid. "Person" as used herein shall have the same definition as 9 that contained in R.S. 47:301(8). 10 B. The governing authority shall impose the hotel occupancy tax by 11 ordinance adopted by the governing authority which may provide in the 12 ordinance or by resolution necessary and appropriate rules and regulations for 13 the imposition, collection, and enforcement of the hotel occupancy tax, including 14 but not limited to a provision that the initial collection of the tax shall begin on 15 the first of a month following the adoption of the ordinance levying the tax. 16 Should the governing authority take action as authorized in this Section to 17 collect the hotel occupancy tax, the collection shall begin no earlier than 18 September 1, 2016. The ordinance levying and imposing the hotel occupancy tax 19 may be approved by a favorable vote of a majority of the members of the 20 governing authority present and voting. The term "ordinance" means an 21 ordinance, act, or other appropriate legislative enactment of the governing 22 authority. 23 C. The governing authority shall have the right to contract with the state 24 of Louisiana for the collection of the hotel occupancy tax. The tax shall be in 25 addition to all other taxes presently being levied upon the occupancy of hotel 26 rooms in the parish. 27 D. Fifty percent of the net proceeds of the tax after deduction of 28 reasonable collection expenses shall be used to fund the Baton Rouge River 29 Center and fifty percent of the net proceeds of the tax after deduction of 30 reasonable collection expenses shall be used to fund Visit Baton Rouge. Page 3 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 137 ENROLLED 1 Section 3. This Act shall become effective upon signature by the governor or, if not 2 signed by the governor, upon expiration of the time for bills to become law without signature 3 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If 4 vetoed by the governor and subsequently approved by the legislature, this Act shall become 5 effective on the day following such approval. PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED: Page 4 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.