HLS 23RS-451 ENGROSSED 2023 Regular Session HOUSE BILL NO. 355 BY REPRESENTATIVE DEVILLIER TAX/LOCAL: Authorizes the city of Eunice to levy a hotel occupancy tax 1 AN ACT 2To enact R.S. 47:338.225, relative to the city of Eunice; to authorize the governing authority 3 of the city, subject to voter approval, to levy and collect a hotel occupancy tax; to 4 provide for the use of the tax proceeds; to provide for an effective date; and to 5 provide for related matters. 6 Notice of intention to introduce this Act has been published 7 as provided by Article III, Section 13 of the Constitution of 8 Louisiana. 9Be it enacted by the Legislature of Louisiana: 10 Section 1. R.S. 47:338.225 is hereby enacted to read as follows: 11 ยง338.225. City of Eunice; hotel occupancy tax; authorization 12 A.(1) In addition to any other tax levied and collected, the governing 13 authority of the city of Eunice may levy and collect a tax upon the paid occupancy 14 of hotel rooms located within the city. The hotel occupancy tax shall not exceed two 15 percent of the rent or fee charged for such occupancy. 16 (2) The word "hotel" as used in this Section shall mean and include any 17 establishment, public or private, engaged in the business of furnishing or providing 18 rooms or overnight camping facilities intended or designed for dwelling, lodging, or 19 sleeping purposes to transient guests where such establishment consists of two or 20 more guest rooms and does not encompass any hospital, convalescent or nursing Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 23RS-451 ENGROSSED HB NO. 355 1 home, sanitarium, or any hotel-like facility operated by or in connection with a 2 hospital or medical clinic providing rooms exclusively for patients and their families. 3 (3) The person who exercises or is entitled to occupancy of the hotel room 4 shall pay the hotel occupancy tax at the time the rent or fee for occupancy is paid. 5 "Person" as used in this Paragraph shall have the same definition as that contained 6 in R.S. 47:301(8). 7 B. The governing authority shall impose the tax by ordinance. However, the 8 ordinance imposing the tax shall be adopted by the governing authority only after a 9 proposition authorizing the levy of the tax has been approved by a majority of the 10 electors of the city voting at an election held for that purpose in accordance with the 11 Louisiana Election Code. The governing authority may provide in the ordinance 12 necessary and appropriate rules and regulations for the imposition, collection, and 13 enforcement of the hotel occupancy tax. 14 C. The governing authority may enter into a contract with any public entity 15 authorized to collect sales or use taxes, under terms and conditions it considers 16 appropriate, including payment of a reasonable collection fee for the collection of the 17 hotel occupancy tax authorized by this Section. The hotel occupancy tax shall be in 18 addition to all taxes levied upon the occupancy of hotel rooms located within the 19 city. 20 D. Except as provided in Subsection C of this Section, the governing 21 authority of the city shall use the proceeds of the tax to promote tourism within the 22 city. 23 Section 2. This Act shall become effective on July 1, 2023; if vetoed by the governor 24and subsequently approved by the legislature, this Act shall become effective on July 1, 252023, or on the day following such approval by the legislature, whichever is later. Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 23RS-451 ENGROSSED HB NO. 355 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 355 Engrossed 2023 Regular Session DeVillier Abstract: Authorizes the governing authority of the city of Eunice to levy and collect a hotel occupancy tax at a rate not to exceed 2%, subject to voter approval. Proposed law authorizes the governing authority of the city of Eunice, subject to voter approval, to levy and collect a hotel occupancy tax. Provides that such tax shall not exceed 2% 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 promote tourism within the city. Eff. July 1, 2023. (Adds R.S. 47:338.225) Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions.