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ACT No. 709
Regular Session, 2012
HOUSE BILL NO. 445
BY REPRESENTATIVE LOPINTO
AN ACT1
To enact R.S. 27:311(D)(5) and (6), relative to video draw poker; to provide for the holding2
of franchise payments until remitted to the state; to provide for liability of device3
owners and shareholders, officers, directors, partners, managers, and managing4
members for payment of the franchise payment to the state of Louisiana; to provide5
for rulemaking; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 27:311(D)(5) and (6) are hereby enacted to read as follows: 8
ยง311. Licensing by division; fees; franchise payments; enforcement activities9
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D.11
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(5) The franchise payment authorized by the provisions of this Section shall13
be securely held by the device owner on behalf of the state of Louisiana, until such14
time as the franchise payment is remitted to and received by the division. Any15
franchise payment held in accordance with the provisions of this Paragraph shall be16
deemed to be held in trust for the state of Louisiana. Upon the failure of a device17
owner to remit any portion of the franchise payment to the division, the device owner18
and its shareholders, officers, and directors if a corporation, its partners if a19
partnership, and its members, managers, and managing members if a limited liability20
company, shall be jointly and severally liable to the state of Louisiana for the21
franchise payment until it is remitted to and received by the division.22
(6) The Louisiana Gaming Control Board shall adopt rules to provide for the23
collection of franchise payments as provided for in this Section. Such rules shall be24 ENROLLEDHB NO. 445
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adopted pursuant to the provisions of the Administrative Procedure Act and R.S.1
27:15(B)(8).2
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Section 2. In the event Senate Bill 575 of the 2012 Regular Session is enacted into4
law, the Louisiana State Law Institute is hereby directed to redesignate R.S. 27:311(D)(5)5
and (6) as provided in this Act as R.S. 27:435(D)(5) and (6).6
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: