Louisiana 2023 2023 Regular Session

Louisiana House Bill HB355 Chaptered / Bill

                    ENROLLED
ACT No. 274
2023 Regular Session
HOUSE BILL NO. 355
BY REPRESENTATIVE DEVILLIER
1	AN ACT
2 To 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.
9 Be 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
21 home, sanitarium, or any hotel-like facility operated by or in connection with a
22 hospital or medical clinic providing rooms exclusively for patients and their families.
23	(3)  The person who exercises or is entitled to occupancy of the hotel room
24 shall pay the hotel occupancy tax at the time the rent or fee for occupancy is paid.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 355	ENROLLED
1 "Person" as used in this Paragraph shall have the same definition as that contained
2 in R.S. 47:301(8).
3	B.  The governing authority shall impose the tax by ordinance.  However, the
4 ordinance imposing the tax shall be adopted by the governing authority only after a
5 proposition authorizing the levy of the tax has been approved by a majority of the
6 electors of the city voting at an election held for that purpose in accordance with the
7 Louisiana Election Code.  The governing authority may provide in the ordinance
8 necessary and appropriate rules and regulations for the imposition, collection, and
9 enforcement of the hotel occupancy tax.
10	C.  The governing authority may enter into a contract with any public entity
11 authorized to collect sales or use taxes, under terms and conditions it considers
12 appropriate, including payment of a reasonable collection fee for the collection of the
13 hotel occupancy tax authorized by this Section.  The hotel occupancy tax shall be in
14 addition to all taxes levied upon the occupancy of hotel rooms located within the
15 city.
16	D.  Except as provided in Subsection C of this Section, the governing
17 authority of the city shall use the proceeds of the tax to promote tourism within the
18 city.
19 Section 2.  This Act shall become effective on July 1, 2023; if vetoed by the governor
20 and subsequently approved by the legislature, this Act shall become effective on July 1,
21 2023, or on the day following such approval by the legislature, whichever is later.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:  
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.