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Regular Session, 2012
SENATE BILL NO. 448
BY SENATOR CROWE
MENTAL HEALTH. Prohibits the Louisiana Lottery Corporation from advertising and
provides that monies which were previously allocated to advertising the lottery be
appropriated to pay for the treatment of addiction to gambling. (7/1/12)
AN ACT1
To amend and reenact R.S. 47:9002(3), 9029(A)(3), and 9060(A) and to enact R.S.2
47:9029(E), relative to the Louisiana Lottery Corporation; to prohibit certain3
expenditures; to prohibit advertising by the Louisiana Lottery Corporation; to4
provide for certain expenditures; to provide relative to addiction to gambling; and5
to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 47:9002(3), 9029(A)(3), and 9060(A) are hereby amended and8
reenacted and R.S. 47:9029(E) is hereby enacted to read as follows: 9
§9002. Definitions 10
As used in this Subtitle, the following words and phrases shall have the11
following meanings unless the context clearly requires otherwise: 12
* * *13
(3) "Major procurement" means any item, product, or service in the amount14
of one hundred thousand dollars or more, including but not limited to major15
advertising contracts, annuity contracts, prize products, and services unique to the16
Louisiana lottery, but not including materials, supplies, equipment, and services17 SB NO. 448
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common to the ordinary operations of a corporation.1
* * *2
§9029. Deposit of revenues; expenditures and investments authorized; transfer of3
revenues to state treasury; dedication and use of proceeds;4
corporation operating account; audit of corporation books and5
records; audits6
A. * * *7
(3) Within twenty days following the close of each calendar month, the8
corporation shall transfer to the Lottery Proceeds Fund in the state treasury the9
amount of net revenues which the corporation determines are surplus to its needs.10
Net revenues or proceeds shall be determined by deducting from gross revenues the11
payment costs incurred or estimated to be incurred in the operation and12
administration of the lottery. This shall include the expenses of the corporation and13
the costs resulting from any contract or contracts entered into for promotional,14
advertising, or operational services or for the purchase or lease of lottery equipment15
and materials, fixed capital outlays, and the payment of prizes to the holders of16
winning tickets. After the first year of operation the corporation shall transfer each17
year not less than thirty-five percent of gross revenues to the state treasury.18
* * *19
E.(1) For the fiscal year beginning July 1, 2012 and ending June 30,20
2013, and for each fiscal year thereafter, the Louisiana Lottery Corporation21
shall not enter into any contracts for advertising nor expend any monies for22
advertising.23
(2) For the fiscal year beginning July 1, 2012 and ending June 30, 2013,24
and each fiscal year thereafter, the amount which was spent on advertising by25
the Louisiana Lottery Corporation in the fiscal year beginning July 1, 2011 and26
ending June 30, 2012, shall be paid into the state treasury and shall be27
appropriated to the Department of Health and Hospitals for the treatment of28
addiction to gambling.29 SB NO. 448
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§9060. Purchase, lease, or lease-purchase of goods or services; investigation of1
prospective vendors; disclosure requirements; prohibited contracts,2
exceptions; vendor's performance bond, letter of credit or deposit of3
security; liquidated damages; laws governing contracts4
A. The corporation may purchase, lease, or lease-purchase such goods or5
services as are necessary for effectuating the purposes of this Subtitle. Major6
procurements which are leases, purchases, and lease-purchases shall be reported to7
the Joint Legislative Committee on the Budget as required by this Subtitle. The8
corporation shall not contract with any person or entity for the total operation and9
administration of the state lottery, but it may make procurements which integrate10
functions such as lottery game design, lottery ticket distribution to retailers , and11
supply of goods and services, and advertising. In all procurement decisions, the12
corporation shall take into account the particularly sensitive nature of the state lottery13
and shall act to promote and ensure security, honesty, fairness, and integrity in the14
operation and administration of the lottery and the objectives of raising net proceeds15
for the benefit of the public.16
Section 2. This Act shall become effective on July 1, 2012.17
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Carla S. Roberts.
DIGEST
Present law permits the La. Lottery Corporation to make expenditures for advertising the
lottery.
Proposed law prohibits the La. Lottery Corporation from purchasing advertising or entering
into any advertising contracts beginning in FY 2012-2013 and each fiscal year thereafter.
Proposed law provides that, for the FY 2012-2013 and each year thereafter, the amount
which was spent on advertising by the La. Lottery Corporation in FY 2011-2012 will be paid
into the state treasury and shall be appropriated to the Department of Health and Hospitals
for the treatment of addiction to gambling.
Effective July 1, 2012.
(Amends R.S. 47:9002(3), 9029(A)(3), and 9060(A); adds R.S. 47:9029(E))