Louisiana 2012 Regular Session

Louisiana House Bill HB447 Latest Draft

Bill / Chaptered Version

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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
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(3)  "Commission" means the Riverboat Gaming Commission. "Board" shall14
have the same meaning as the term defined in R.S. 27:3.15
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§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
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§52.  Commission Board; powers; duties; rules22
The commission board shall:23
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(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
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§57.  General powers and duties of division13
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B.  The division and its agents may:15
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(4) Initiate actions for violations of this Chapter or of rules of the17
commission board or the division and defend appeals therefrom.18
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§59.  Division; rules and regulations20
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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
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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
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subject to legislative oversight by the House of Representatives Committee on1
Administration of Criminal Justice and the Senate Committee on Judiciary B.2
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§65.  Licenses to conduct gaming activities upon riverboats; limitations4
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B. Gaming shall be conducted aboard riverboats, subject to the following6
requirements:7
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(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
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(5) Licensees shall permit no form of wagering on games except as permitted14
by this Chapter and the rules of the division board.15
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(13) Licensees must have adequate protection and indemnity insurance, as17
determined by the commission board, at all times during operation of a riverboat.18
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(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
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§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
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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
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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: