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Regular Session, 2012
HOUSE BILL NO. 1216 (Substitute for House Bill No. 717 by Representative Thompson)
BY REPRESENTATIVES THOMPSON, BILLIOT, BROWN, BURFORD, HENRY
BURNS, BURRELL, CARMODY, JEFFERSON, JIM MORRIS, NORTON,
REYNOLDS, SEABAUGH, AND PATRICK WILLIAMS
TAX/GAMING: Dedicates a portion of the state tax on riverboats collected in Bossier and
Caddo parishes
AN ACT1
To amend and reenact R.S. 27:92(B)(2)(b)(i) and (c) and to enact R.S. 27:92(B)(2)(d) and2
(D), relative to the collection and disposition of fees from the conduct of gaming3
activities on a riverboat; to dedicate a portion of fees collected from certain4
riverboats operating within Bossier Parish and Caddo Parish; to require the deposit5
of proceeds under certain circumstances; to establish the Caddo-Bossier Economic6
Development and Tourism Fund as a special treasury fund; to provide for deposits7
into a special treasury fund; to provide for uses of a special treasury fund; to provide8
for reporting; to provide for an effective date; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 27:92(B)(2)(b)(i) and (c) are hereby amended and reenacted and R.S.11
27:92(B)(2)(d) and (D) are hereby enacted to read as follows: 12
ยง92. Collection and disposition of fees13
* * *14
B.15
* * *16
(2) After complying with the provisions of Paragraph (1) of this Subsection,17
the state treasurer shall, each fiscal year, credit the following amounts to the18
following funds:19
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(b)(i) Except as provided in Item (ii) of this Subparagraph and Subparagraph1
(d) of this Paragraph, the franchise fee paid pursuant to R.S. 27:91(C)(1) to the state2
general fund.3
* * *4
(c) To a special fund, which is hereby created in the state treasury and5
entitled the Riverboat Gaming Enforcement Fund, an amount equal to the revenues6
received by the state pursuant to this Chapter, less any monies credited to other funds7
pursuant to the provisions of Subparagraphs (a) and (b) (a), (b), and (d) of this8
Paragraph.9
(d)(i)(aa) For the period commencing on July 1, 2012, and concluding on10
June 30, 2023, eight percent of the franchise fee paid pursuant to R.S. 27:91(C)(1)11
which is attributable to any riverboat gaming licensee in Caddo Parish or Bossier12
Parish not in operation prior to July 1, 2012, which subsequently begins operation13
on or after July 1, 2012, to the Caddo-Bossier Economic Development and Tourism14
Fund, as provided for in Subsection D of this Section.15
(bb) For the period commencing on July 1, 2012, and concluding on June 30,16
2023, eight percent of the license fee paid pursuant to R.S. 27:91(B)(2) which is17
attributable to any riverboat gaming licensee in Caddo Parish or Bossier Parish not18
in operation prior to July 1, 2012, which subsequently begins operation on or after19
July 1, 2012, to the Caddo-Bossier Economic Development and Tourism Fund, as20
provided for in Subsection D of this Section.21
(ii) The provisions of this Subparagraph shall not be implemented unless the22
riverboat gaming licensee in Caddo Parish or Bossier Parish not in operation prior23
to July 1, 2012, which subsequently begins operation on or after July 1, 2012, meets24
the following criteria:25
(aa) Has capital investment of no less than ninety million dollars.26
(bb) Operates a facility with no less than three hundred hotel rooms.27
(cc) Operates a facility with no less than two thousand five hundred square28
feet of meeting and convention space.29 HLS 12RS-4119 REENGROSSED
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(dd) Operates a gaming facility with no less than twenty-five thousand1
square feet.2
(ee) Creates no fewer than one thousand new jobs. 3
(iii) The provisions of this Subparagraph shall not be implemented until the4
revenue from riverboat gaming licensees in Caddo Parish and Bossier Parish in a5
fiscal year is greater than the three-year average annual revenues from riverboat6
gaming licensees in Caddo Parish and Bossier Parish for Fiscal Year 2008-2009,7
2009-2010, and 2010-2011.8
* * *9
D. There is hereby created in the state treasury a special fund to be known10
as the Caddo-Bossier Economic Development and Tourism.11
(1)(a) Monies deposited into the fund shall be from the avails of the fees paid12
pursuant to Subparagraph (B)(2)(d) of this Section attributable to riverboat gaming13
licensees operating in Caddo Parish or Bossier Parish not in operation prior to July14
1, 2012, which subsequently begins operation on or after July 1, 2012, and shall be15
appropriated each year by the legislature as follows:16
(i) Forty-five percent to the Shreveport-Bossier Sports Commission.17
(ii) Forty-five percent to the Independence Bowl Foundation, Inc.18
(iii) Two and one half percent to the Greater Bossier Economic Development19
Foundation, Inc.20
(iv) Two and one half percent to the Shreveport-Caddo Economic21
Development Authority.22
(v) Two and one half percent to the North Louisiana Economic Partnership.23
(vi) Two and one half percent to the Northeast Louisiana Economic Alliance.24
(b) Such appropriation shall occur only after certification from the treasurer25
that the fund balance is sufficient to fully fund the appropriation. Further such26
appropriation shall occur in the fiscal year following the fiscal year in which the27
revenues were collected.28 HLS 12RS-4119 REENGROSSED
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(c) Any entity appropriated monies from the fund shall report annually to the1
secretary of the Department of Economic Development and the Joint Legislative2
Committee on the Budget. Such report shall include detailed information on the3
following:4
(i) The expenditures made with the monies received from the fund.5
(ii) The economic impact of the expenditures made with the monies received6
from the fund.7
(2) All unexpended and unencumbered monies remaining in the fund at the8
end of the fiscal year shall remain in the fund. The monies in the fund shall be9
invested by the treasurer in the same manner as the monies in the state general fund10
and all interest earned shall be credited to the fund.11
Section 2. This Act shall become effective July 1, 2012; if vetoed by the governor12
and subsequently approved by the legislature, this Act shall become effective on July 1,13
2012, or on the day following such approval by the legislature, whichever is later.14
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)]
Thompson HB No. 1216
Abstract: Dedicates certain state revenues from riverboat gaming operations in Bossier and
Caddo parishes.
Present law (R.S. 27:91) provides for certain fees on riverboat gaming licensees including:
(1)A license fee of 3.5% of net gaming proceeds.
(2)A franchise fee of 15% of net gaming proceeds.
(3)An additional franchise fee of 3% of net gaming proceeds.
Present law requires that the fees on riverboat gaming licensees be deposited into the
Compulsive Problem and Gaming Fund, the state general fund, the Support Education in La.
First Fund (the SELF Fund), and the Riverboat Gaming Enforcement Fund.
Present law requires that the franchise fee of 15% of net riverboat gaming proceeds be
deposited into the state general fund, excluding 9% of the 15% which is to be deposited into
the SELF Fund.
Proposed law retains present law on revenues deposited into the Compulsive Problem and
Gaming Fund and the SELF Fund. HLS 12RS-4119 REENGROSSED
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Present law requires that 9% of the license fee of 3.5% of net riverboat gaming proceeds be
deposited into the SELF Fund.
Present law creates the Riverboat Gaming Enforcement Fund and provides that an amount
equal to the revenues received from riverboat gaming proceeds less certain monies credited
to the Compulsive and Problem Gaming Fund, the SELF Fund, and the state general fund.
Proposed law retains present law and further adds monies credited to the Caddo-Bossier
Economic Development and Tourism Fund pursuant to proposed law.
Proposed law provides that between July 1, 2012, and June 30, 2023, 8% of the 15% license
fee which is attributable to any riverboat gaming licensee in Caddo Parish or Bossier Parish
not in operation prior to July 1, 2012, which subsequently begins operation on or after July
1, 2012, be dedicated to the Caddo-Bossier Economic Development and Tourism Fund.
Proposed law provides that between July 1, 2012, and June 30, 2023, 8% of the 3.5%
franchise fee which is attributable to any riverboat gaming licensee in Caddo Parish or
Bossier Parish not in operation prior to July 1, 2012, which subsequently begins operation
on or after July 1, 2012, be dedicated to the Caddo-Bossier Economic Development and
Tourism Fund.
Proposed law further provides that the provisions of proposed law shall not be implemented
unless the riverboat gaming licensee in Caddo Parish or Bossier Parish not in operation prior
to July 1, 2012, which subsequently begins operation on or after July 1, 2012, meets the
following criteria:
(1)Has capital investment of no less than $90 million.
(2)Operates facility with no less than 300 hotel rooms.
(3)Operates a facility with no less than 2,500 square feet of meeting and convention
space.
(4)Operates a gaming facility with no less than 25,000 square feet.
(5)Creates no fewer than 1,000 new jobs.
Proposed law further provides that the provisions of proposed law shall not be implemented
until the revenue from riverboat gaming licensees in Caddo Parish and Bossier Parish in a
fiscal year is more than the three-year average annual revenues from riverboat gaming
licensees in Caddo Parish and Bossier Parish for Fiscal Years 2008-2009, 2009-2010, and
2010-2011.
Proposed law creates the Caddo-Bossier Economic Development and Tourism Fund and
further provides that monies deposited into the fund attributable to riverboat gaming license
and franchise fees paid in Caddo Parish or Bossier Parish as provided in proposed law shall
be appropriated as follows:
(1)45% to the Shreveport-Bossier Sports Commission.
(2)45% to the Independence Bowl Foundation, Inc.
(3)2.5% to the Greater Bossier Economic Development Foundation, Inc.
(4)2.5% to the Shreveport-Caddo Economic Development Authority. HLS 12RS-4119 REENGROSSED
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(5)2.5% to the North La. Economic Partnership.
(6)2.5% to the Northeast La. Economic Alliance.
Proposed law provides that such appropriation shall occur only after certification from the
treasurer that the fund balance is sufficient to fully fund the appropriation and in the fiscal
year following the fiscal year in which the revenues were collected.
Proposed law further provides that any entity appropriated monies from the fund shall report
annually to the secretary of the Dept. of Economic Development and the Joint Legislative
Committee on the Budget on the expenditures made with the monies received and the
economic impact of the expenditures made with the monies received.
Effective July 1, 2012.
(Amends R.S. 27:92(B)(2)(b)(i) and (c); Adds R.S. 27:92(B)(2)(d) and (D))
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Reduced the percentage of monies appropriated out of the Caddo-Bossier
Economic Development and Tourism Fund to the Greater Bossier Economic
Development Foundation, Inc. from 5% to 2.5%.
2. Added the Shreveport-Caddo Economic Development Authority as an entity to
which monies from the Caddo-Bossier Economic Development and Tourism
Fund are appropriated.