ENROLLED Page 1 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. ACT No. 711 Regular Session, 2012 HOUSE BILL NO. 447 BY REPRESENTATIVE LOPINTO AN ACT1 To amend and reenact R.S. 27:44(3), 45(A)(introductory paragraph), 52(introductory2 paragraph) and (3) and (4), 57(B)(4), 59(B) and (D), 65(B)(2), (5), (13), and (15),3 93(A)(1) and to repeal R.S. 27:46, 48, 51, 88, and 97, relative to the Riverboat4 Gaming Commission; to repeal antiquated references to the Riverboat Gaming5 Commission; and to provide for related matters.6 Be it enacted by the Legislature of Louisiana:7 Section 1. R.S. 27:44(3), 45(A)(introductory paragraph), 52(introductory paragraph)8 and (3) and (4) , 57(B)(4), 59(B) and (D), 65(B)(2), (5), (13), and (15), and 93(A)(1) are9 hereby amended and reenacted to read as follows: 10 §44. Definitions11 When used in this Chapter, the following terms shall mean:12 * * *13 (3) "Commission" means the Riverboat Gaming Commission. "Board" shall14 have the same meaning as the term defined in R.S. 27:3.15 * * *16 §45. Records of the division and the commission board17 A. All records of the division and of the commission board shall be deemed18 public records and subject to public inspection as provided by the provisions of R.S.19 44:1 et seq., unless the record:20 * * *21 §52. Commission Board; powers; duties; rules22 The commission board shall:23 * * *24 ENROLLEDHB NO. 447 Page 2 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (3) Make an annual report to the Joint Legislative Committee on the Budget1 for review of all revenues, expenses, and disbursements and shall include in the2 report recommendations for changes in this Chapter. The commission board shall3 annually report this same information to the governor. The commission board shall4 report immediately to the governor and the House of Representatives Committee on5 Administration of Criminal Justice and the Senate Judiciary Committee Section B6 a matter that requires changes in Louisiana law to prevent abuses and evasions of this7 Chapter or to correct undesirable conditions in connection with the operation and8 regulation of riverboat gaming.9 (4) Reject any rule or regulation to be proposed by the division and10 submitted to the commission board which is unacceptable.11 * * *12 §57. General powers and duties of division13 * * *14 B. The division and its agents may:15 * * *16 (4) Initiate actions for violations of this Chapter or of rules of the17 commission board or the division and defend appeals therefrom.18 * * *19 §59. Division; rules and regulations20 * * *21 B. The division shall submit any proposed rule or regulation to the22 commission board prior to attempting to promulgate the rule in accordance with the23 provisions of the Administrative Procedure Act. The commission board may reject24 any rule or regulation so submitted and any rule rejected by the commission board25 shall not be promulgated by the division.26 * * *27 D. All rules and regulations promulgated by the division and the commission28 board shall be in accordance with the Administrative Procedure Act and shall be29 ENROLLEDHB NO. 447 Page 3 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. subject to legislative oversight by the House of Representatives Committee on1 Administration of Criminal Justice and the Senate Committee on Judiciary B.2 * * *3 §65. Licenses to conduct gaming activities upon riverboats; limitations4 * * *5 B. Gaming shall be conducted aboard riverboats, subject to the following6 requirements:7 * * *8 (2) Riverboat cruises shall be not less than three nor more than eight hours9 in duration for a round trip, should the licensee offer or be required to offer10 excursions while conducting gaming activities, with the exception of any extended11 excursions, each of which shall be expressly approved by the commission board.12 * * *13 (5) Licensees shall permit no form of wagering on games except as permitted14 by this Chapter and the rules of the division board.15 * * *16 (13) Licensees must have adequate protection and indemnity insurance, as17 determined by the commission board, at all times during operation of a riverboat.18 * * *19 (15) In addition to the above, gaming must be conducted in accordance with20 all the terms of the license, the requirements set forth in this Chapter, and rules and21 regulations adopted by the division and the commission board.22 * * *23 §93. Authorization of local governing authorities; fees; regulation; local option24 A.(1) The local governing authority of the parish or municipality in which25 the licensed berth of a riverboat is located may levy an admission fee of up to two26 and one-half dollars for each passenger boarding or embarking upon a riverboat,27 provided that in Bossier Parish, other than in Bossier City, and Caddo Parish an28 admission fee of up to three dollars may be levied. The governing authority of29 Bossier City, for each riverboat located in Bossier City in Bossier Parish, shall levy30 ENROLLEDHB NO. 447 Page 4 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. an assessment in the amount of four and five-tenths percent of the monthly net1 gaming proceeds as defined in R.S. 27:44(15) as the admission fee. For purposes of2 this Section, "licensed berth" shall mean the berth, dock, facility, or boarding area3 from which a riverboat excursion is authorized to originate by the commission board4 or from which a riverboat is authorized by the commission board to operate. The5 authority granted to local governing authorities in Calcasieu Parish in this Subsection6 may be assigned to a gaming district established in accordance with R.S. 33:9576.7 * * *8 Section 2. R.S. 27:46, 48, 51, 88, and 97 are hereby repealed in their entirety.9 SPEAKER OF THE HOUSE OF REPRESENTATI VES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED: