SLS 12RS-339 ORIGINAL Page 1 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2012 SENATE BILL NO. 92 BY SENATOR MORRELL GAMING. Provides relative to significant influence. (gov sig) AN ACT1 To amend and reenact R.S. 27:28(H)(1), relative to suitability standards for gaming licenses,2 permits or contracts; to provide with respect to suitability determination; to require3 persons with the capacity to influence a licensee, casino gaming operator, a4 permittee, or other person required to meet suitability requirements, to also meet5 suitability requirements and qualifications; to provide for considerations by the board6 or division; to provide for an effective date; and to provide for related matters.7 Be it enacted by the Legislature of Louisiana:8 Section 1. R.S. 27:28(H)(1) is hereby amended and reenacted to read as follows: 9 ยง28. Suitability standards10 * * *11 H.(1)(a) Any person who has or controls directly or indirectly five percent12 or more ownership, income, or profit or economic interest in an entity which has or13 applies for a license or permit or enters into a casino operating contract with the state14 pursuant to the provisions of this Title, or who receives five percent or more revenue15 interest in the form of a commission, finder's fee, loan repayment, or any other16 business expense related to the gaming operation, or who has the ability or capacity,17 SB NO. 92 SLS 12RS-339 ORIGINAL Page 2 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. in the opinion of the board, to exercise a significant influence over a licensee, the1 casino gaming operator, a permittee, or other person required to be found suitable2 pursuant to the provisions of this Title, shall meet all suitability requirements and3 qualifications pursuant to the provisions of this Title.4 (b) In determining whether a person has significant influence for5 purposes of this Section, the board or division may consider, but is not limited6 to, the following: management and decision making authority, operational7 control, financial relationships, receipt of gaming revenue or proceeds, financial8 indebtedness and gaming related associations.9 * * *10 Section 2. This Act shall become effective upon signature by the governor or, if not11 signed by the governor, upon expiration of the time for bills to become law without signature12 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If13 vetoed by the governor and subsequently approved by the legislature, this Act shall become14 effective on the day following such approval.15 The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Angela L. DeJean. DIGEST Present law provides that any person who has or controls directly or indirectly five percent or more ownership, income, or profit or economic interest in an entity which has or applies for a license or permit or enters into a casino operating contract with the state pursuant to present law, or who receives five percent or more revenue interest in the form of a commission, finder's fee, loan repayment, or any other business expense related to the gaming operation, or who has the ability, in the opinion of the board, to exercise a significant influence over a licensee, the casino gaming operator, a permittee, or other person required to be found suitable pursuant to present law, shall meet all suitability requirements and qualifications pursuant to present law. Proposed law adds to present law by including any person who has the capacity to exercise a significant influence over a licensee, casino gaming operator, permittee, or other person required to be found suitable pursuant to present law to the list of persons who shall meet all suitability requirements and qualifications in present law. Deletes reference to "the opinion of the board". Proposed law provides that in determining whether a person has the capacity for significant influence for purposes of present law, the board or division may consider, but is not limited to, the following: management and decision making authority, operational control, financial relationships, receipt of gaming revenue or proceeds, financial indebtedness and gaming related associations. SB NO. 92 SLS 12RS-339 ORIGINAL Page 3 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Effective upon signature of the governor or lapse of time for gubernatorial action. (Amends R.S. 27:28(H)(1))