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Regular Session, 2012
SENATE BILL NO. 389
BY SENATOR MARTINY
GOVERNMENTAL REGULATIONS. Requires the attorney general to regulate
sweepstakes promotions and provides certain requirements and procedures. (8/1/12)
AN ACT1
To enact R.S. 51:1726 and 1727, relative to sweepstakes promotions; to provide for the2
regulation of sweepstakes promotions by the attorney general; to provide for3
definitions; to provide for the display of sweepstakes promotions winners; to provide4
for certain terms, conditions, and procedures; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 51:1726 and 1727 are hereby enacted to read as follows: 7
§1726. Sweepstakes promotions8
A. Except as otherwise provided in this Chapter, the winner of any9
sweepstakes promotion shall be revealed in only one of the following manners:10
(1) Through posting on a printed list.11
(2) Through the use of scratch-off tickets or cards.12
(3) Through the use of pull-tab tickets or cards.13
(4) By contacting the winner in writing or through telephone14
communication.15
B. For the purposes of this Section, the following words and phrases16
shall have the following meaning:17 SB NO. 389
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(1) "Contest" means any activity that involves competition between one1
or more persons.2
(2) "Game" means any activity undertaken or regarded as a contest,3
whether or not such contest involves an element or degree of chance.4
(3) "Pull-tab ticket" or "pull-tab card" means any pre-designated ticket5
or card that has its face covered to conceal whether a person has won a prize.6
(4) "Scratch-off ticket" or "scratch-off card" means any preprinted7
ticket or card that, after a latex or other covering is removed, indicates8
immediately whether a person has won a prize.9
(5) "Sweepstakes promotion" means any game, contest, or other10
offering where entry into the game, contest, or other offering, whether allowed11
gratuitously or through a bargained-for exchange, is offered in connection with12
the promoting or advertising of any one of the following:13
(a) A business or an extension thereof.14
(b) A product.15
(c) An investment opportunity.16
(d) A charitable contribution.17
(e) A service.18
C. The Louisiana Department of Justice, office of attorney general, shall19
regulate sweepstakes promotions provided for in this Section and the electronic20
display of sweepstakes winners as provided for in R.S. 51:1727.21
D. The provisions of this Section shall not apply to entities holding22
sweepstakes or contests to which only the entities' employees may enter.23
E. The provisions of this Section shall not apply to persons or entities24
licensed or permitted pursuant to the provisions of Titles 4, 26, and 27 of the25
Louisiana Revised Statutes of 1950, as it pertains to those gaming or other26
activities for which they are licensed or permitted.27
§1727. Electronic display of sweepstakes winners28
A. Except as otherwise provided in this Chapter, a computer or29 SB NO. 389
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computer system that is used as part of a sweepstakes promotion shall be used1
only to allow a person to enter their name and contact information for the2
purpose of entering into the sweepstakes promotion and to display the following3
information:4
(1) Rules that govern the sweepstakes promotion.5
(2) Identity and contact information of the persons providing,6
conducting, and offering the sweepstakes promotion.7
(3) Any prize that may be won during the sweepstakes promotion and8
the monetary value of such prize.9
(4) Odds of winning a prize in the sweepstakes promotion.10
(5) Laws that govern the operation of sweepstakes promotions.11
(6) Any jurisdiction that does not allow the sweepstakes promotion.12
(7) The name or names of the sweepstakes promotion winner, after such13
winner has been revealed in accordance with the provisions of R.S. 51:1726.14
(8) The prize that was won by the winner and the monetary value of15
such prize.16
B. At no time shall a person be required to or offered an opportunity to17
enter into any monetary transaction through a computer, computer system, or18
any other electronic system, for the purposes of entering into or winning a19
sweepstakes promotion.20
C. At no time shall the revealing of a sweepstakes promotion winner, the21
revealing of a sweepstakes prize, or the revealing of a sweepstakes prize value22
be linked to or associated with the play or simulation of play of an electronic23
game or similar contest on a computer, computer system, or any other24
electronic system.25
D. For the purposes of this Section, the following words and phrases26
shall have the following meanings:27
(1) "Computer" means any electronic, magnetic, optical, or other28
high-speed data processing device or system performing logical, arithmetic, and29 SB NO. 389
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storage functions, and includes any property, data storage facility, or1
communications facility directly related to or operating in conjunction with2
such device or system. "Computer" shall not include an automated typewriter3
or typesetter, a machine designed solely for word processing, portable4
hand-held calculator, nor any other device which may contain components5
similar to those in computers but in which the components have the sole6
function of controlling the device for the single purpose for which the device is7
intended.8
(2) "Computer system" means any set of functionally related, connected9
or unconnected, computer equipment, devices, or computer software.10
(3) "Electronic game" means a form of interactive multimedia used11
primarily for entertainment, which includes but is not limited to any interactive12
multimedia that consists of moveable images displayed on a computer screen13
that may be controlled, manipulated, or set into motion by some action or14
activity of the person playing the game.15
(4) "Monetary transaction" means a transaction where a person16
provides cash or credit to another person in exchange for something of value or17
the opportunity to receive something of value.18
(5) "Multimedia" means any application or process that can combine19
text, graphics, video, or sound into an integrated package.20
E. The provisions of this Section shall not apply to entities holding21
sweepstakes or contests to which only the entities' employees may enter.22
F. The provisions of this Section shall not apply to persons or entities23
licensed or permitted pursuant to the provisions of Titles 4, 26, and 27 of the24
Louisiana Revised Statutes of 1950, as it might pertain to those gaming or other25
activities for which they are licensed or permitted.26 SB NO. 389
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The original instrument was prepared by Michelle Ducharme. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by McHenry Lee.
DIGEST
Martiny (SB 389)
Proposed law requires the La. Department of Justice, office of attorney general, to regulate
sweepstakes promotions.
Proposed law regulates the manner in which the winner of any sweepstakes promotion shall
be revealed in any one of the following manners:
1. The posting of the winner's name on a printed list.
2. Through the use of scratch-off tickets or cards.
3. Through the use of pull-tab tickets or cards.
4. By contacting the winner in writing or through telephone communication.
Proposed law provides that except as otherwise provided by law, computers or computer
systems that are used as part of a sweepstakes promotion shall only be used to allow a person
to enter their name and contact information for the purpose of entering into the sweepstakes
promotion and to display certain information.
Proposed law prohibits a person from being required or offered the opportunity to enter into
any monetary transaction through a computer, computer system, or any other electronic
system, for the purpose of entering into a sweepstakes promotion or winning a sweepstakes
promotion.
Proposed law provides that at no time shall the revealing of a sweepstakes promotion
winner, the revealing of a sweepstakes prize, or the revealing of a sweepstakes prize value
be linked to or associated with the play or simulation of play of an electronic game or similar
contest on a computer, computer system, or any other electronic system.
Proposed law does not apply to any persons or entities licensed or permitted pursuant to the
provisions of Titles 4, 26, and 27 of the Louisiana Revised Statutes of 1950, as it might
pertain to those gaming activities for which they are licensed or permitted.
Proposed law does not apply to entities holding sweepstakes or contests to which only the
entities' employees may enter.
Proposed law defines the following terms:"sweepstakes promotion", "scratch-off ticket" or
"scratch-off card", "pull-tab ticket" or "pull-tab card", "game", "contest", "computer",
"computer system", "electronic game", "monetary transaction", and "multimedia".
Effective August 1, 2012.
(Adds R.S. 51:1726 and 1727) SB NO. 389
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Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Commerce, Consumer
Protection, and International Affairs to the original bill
1. Added that proposed law does not apply to entities holding sweepstakes or
contests to which only the entities' employees may enter.
Senate Floor Amendments to engrossed bill
1. Provides exemptions for entities holding sweepstakes or contests in which
only the entities' employees may enter with respect to sweepstakes
promotions.
2. Provides certain exemptions for licensed or permitted gaming entities with
respect to sweepstakes promotions.
3. Technical amendments.