Louisiana 2021 2021 Regular Session

Louisiana House Bill HB360 Comm Sub / Analysis

                    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 360 Engrossed	2021 Regular Session	Travis Johnson
Abstract:  Defines "short-term rental dwelling unit" for purposes of registering with the office of
state fire marshal and prohibits the owner of a short-term rental dwelling unit from
completing a booking transaction unless the unit is registered.
Proposed law defines the following terms for the purposes of proposed law: booking transaction,
dwelling unit, guest, owner, platform, and short-term rental dwelling unit.  
Proposed law prohibits an owner of a short-term rental dwelling unit from using a platform to
complete a booking transaction unless the owner has registered the unit with the office of state fire
marshal.  
Proposed law requires the initial registration to be submitted electronically on forms created by the
office of state fire marshal.  Further, proposed law requires the owner to renew the registration either
annually or every five years.
Present law authorizes the office of state fire marshal to establish and collect certain fees. 
Proposed law requires the owner to pay the following fees for the initial registration and subsequent
renewal:
(1)Initial annual registration: $5
(2)Annual renewal: $5
(3)Initial 5-year registration: $20
(4)5-year renewal: $20
Proposed law establishes the following penalties for an owner in violation of proposed law:
(1)1st violation: warning letter
(2)2nd violation: civil penalty not to exceed $500
(3) 3rd and each subsequent violation: civil penalty not to exceed $1,000 Proposed law authorizes the office of state fire marshal to promulgate rules and regulations necessary
to implement proposed law relative to assessing and collecting fees and penalties, operating,
managing, and maintaining the electronic registration system, investigating compliance with the
registration requirements, and hearings.
Present law provides for rules compliance with certain building and safety codes.  Proposed law
retains present law.
Proposed law shall not be construed to authorize the office of state fire marshal or any other agency
to inspect any real property including private residences.
Present law regulates hotels and lodging houses and certain powers and duties of the state fire
marshal. Proposed law shall not be construed to apply to present law.
Proposed law provides for the deposit of all monies received by the office of state fire marshal
pursuant to proposed law into the Louisiana Life Safety and Property Protection Trust Fund as
provided for in present law. 
(Adds R.S. 40:1584)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Commerce to the original bill:
1. Clarify that the office the office of state fire marshal is authorized to promulgate rules
and regulations as necessary relative to enforcing fees and penalties, operating,
managing, and maintaining the electronic registration system, investigating compliance
with the registration requirements, and hearings.
2. Add a provision stating that proposed law shall not be construed to authorize the office
of state fire marshal to inspect any real property, including a private residence.
3. Add a provision stating that proposed law shall not be construed to apply to the
regulation of certain structures already provided for in present law.