Hijacking Voter Rights

Senate Bill - SB480 - By: Senator Gerald Theunissen 

Senate Bill SB480 - Provides for the territorial composition of the Jeff Davis Parish Tourist Commission. Senator Theunissen is hijacking your voting rights by expanding the hotel/motel tax to cover ALL areas of Jeff Davis Parish. The original which voters voted on was only for Ward 2 (Jennings). This issue should not be whether or not you support a hotel/motel tax or not. It is about your voting rights. We vote on one thing and they change it to fit whatever they want later. Voters should have the right to decide whether or not they want the hotel/motel tax in their part of the parish. This is not just a hotel/motel tax. This also includes ANYONE who provides overnight stay facilities which includes camp grounds, Bed and Breakfast Inns, RV Parks.... Everyone should be absolutely livid over this!

For starters Section III Louisiana Constitution

§13. Local or Special Laws; Notice of Intent; Publication

Section 13. No local or special law shall be enacted unless notice of the intent to introduce a bill to enact such a law has been published on two separate days, without cost to the state, in the official journal of the locality where the matter to be affected is situated. The last day of publication shall be at least thirty days prior to introduction of the bill. The notice shall state the substance of the contemplated law, and every such bill shall recite that notice has been given.

This did not occur!
Correction: This occurred on February 24th &25th in the official journal "Jennings Daily News", as provided for in documentation provided by Senator Theunissen on May 26, 2004.

The notice read: " Notice of intention to introduce bill" SLS04-224
Public notice is hereby given in compliance with the law that there may be introduced at the session of the legislature to be convened on March 29, 2004 a bill to provide for the territorial composition of the Jefferson Davis Parish Tourist Commission and to provide for related matters."

My mistake....However providing for territorial composition of the Tourist Commission is not exactly what I would call "stating the substance of the contemplated law", but I'm sure it's all legal. The initial focus still remains...A law was changed to expand a "territorial composition of the JDP Tourist Commission"  without voter approval.

Now for the actual Senate Bill

SLS 04-224 ENGROSSED

CODING: Words in struck through are deletions from existing law; words underscored and boldfaced are additions.
Regular Session, 2004
SENATE BILL NO. 480
BY SENATOR THEUNISSEN
LOCAL AGENCIES. Provides for the territorial composition of the Jefferson Davis Parish Tourist Commission.

To amend and reenact R.S. 33:4574(A)(2)(o) and 4574.1-A(A)(1)(o), relative to tourist 2 commissions; to provide for the territorial composition of the Jefferson Davis Parish 3 Tourist Commission; and to provide for related matters. 4 Notice of intention to introduce this Act has been published. 5 Be it enacted by the Legislature of Louisiana: 6 Section 1. R.S. 33:4574(A)(2)(o) and 4574.1-A(A)(1)(o) are hereby amended and 7 reenacted to read as follows:

§4574. Tourist commissions; creation; purpose; directors; powers 9 A.(1) * * * 10
(2) Pursuant to Article VI, Sections 19 and 30 of the Constitution of Louisiana, the following commissions and bureaus, hereafter collectively referred toi n this Chapter as "tourist commissions" or "commissions," are hereby specifically created as special districts or commissions. Each such commission shall be a body politic and corporate and a political subdivision of the state of Louisiana, composed of the following territory: 

SB No. 480
SLS 04-224 ENGROSSED
(o) Ward 2 of Jefferson Davis Parish Tourist Commission composed of all the territory in Ward 2 of Jefferson Davis Parish. 

§4574.1-A. Occupancy taxes levied by the commissions  A.(1) For the purposes set forth in Subparagraph A(6)(c) of this Section, a commission created pursuant to R.S. 33:4574(A)(2) is authorized to levy and collect a tax upon the occupancy of hotel rooms, motel rooms, and overnight camping facilities within the jurisdiction of the commission. Such tax shall not exceed the following percentages of the rent or fee charged for such occupancy: (o) Ward 2 of Jefferson Davis Parish Tourist Commission, two percent. 

The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Ann S. Brown.

Theunissen (SB 480) DIGEST
Present law provides for the creation, purpose and taxing powers of the Jefferson Davis
Parish Tourist Commission within Ward 2. Proposed law retains present law but extends the Jefferson Davis Parish Tourist Commission beyond Ward 2 to include all territory within the parish.
(Amends R.S. 33:4574(A)(2)(o) and 4574.1-A(A)(1)(o))

You have a right to vote on this subject:
Louisiana Revised Statutes
RS 33:4574.1
§4574.1.  Taxes; occupancy; sales and use

(iii)  Except as provided in Subsection C of this Section, no new tax or tax increase shall be levied pursuant to the provisions of this Section or any local, special, or general law after January 1, 1995, unless approved by a majority of the electors of the parish or parishes voting thereon in an election held for that purpose.