HLS 15RS-627 ENGROSSED 2015 Regular Session HOUSE BILL NO. 143 BY REPRESENTATIVE MORENO AND SENATOR AL ARIO GAMING: Provides for a dedication of funds realized from unclaimed gaming prize tickets 1 AN ACT 2To amend and reenact R.S. 4:176(B) and R.S. 46:1816(C) and to enact R.S. 27:94, 252, and 3 394 and R.S. 46:1816(B)(8), relative to unclaimed prize money; to establish a time 4 period for collecting unclaimed jackpot tickets from electronic gaming devices; to 5 provide that unclaimed money from pari-mutuel tickets and unclaimed jackpot 6 tickets shall be used for certain expenses associated with health care services of 7 victims of sexually oriented criminal offenses; to provide for the submission of funds 8 to the state treasurer; to provide that the state treasurer deposit the collected funds 9 into the Crime Victims Reparations Fund; to establish the use of such funds 10 collected; and to provide for related matters. 11Be it enacted by the Legislature of Louisiana: 12 Section 1. R.S. 4:176(B) is hereby amended and reenacted to read as follows: 13 §176. Limitation of time for presenting pari-mutuel tickets and disposition of unpaid 14 money due on account of pari-mutuel tickets not presented unclaimed monies 15 * * * 16 B. The sum held by any licensee for payment of outstanding winning 17 pari-mutuel tickets and for refunding the price of pari-mutuel tickets shall be retained 18 by such licensee for such purpose until the expiration of ninety days after the close 19 of the race meeting conducted by the licensee. One hundred days after the close of 20 any race meeting, any unclaimed monies subjected to this Section shall be disposed Page 1 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-627 ENGROSSED HB NO. 143 1 of as follows. the licensee shall remit an amount equal to the sum of all unclaimed 2 monies, less the amount of state tax paid by the licensee on such unclaimed monies, 3 to the state treasurer for deposit into the Crime Victims Reparations Fund as 4 provided for in R.S. 46:1816(B)(8). Such funds shall be used exclusively to pay the 5 expenses associated with health care services of victims of sexually oriented criminal 6 offenses, including forensic medical examinations as defined in R.S. 15:622. A sum 7 not to exceed two hundred fifty thousand dollars for each race meeting shall be 8 retained by the licensee and the remaining amount, if any, shall be paid over to the 9 Louisiana State Racing Commission under oath, which shall then deposit said funds 10 to the State General Fund of the state treasury with a report submitted under oath. 11 Section 2. R.S. 27:94, 252, and 394 are hereby enacted to read as follows: 12 §94. Ninety-day time period to claim jackpot ticket; collection and use of funds 13 A. The holder of a ticket obtained from any electronic gaming device which 14 is included in the definition of "game", "gaming device", and "gaming equipment", 15 as defined in R.S. 27:44, evidencing the right to a payment shall be presented for 16 payment within ninety days after the date printed on the ticket. The failure to present 17 such a ticket within the prescribed time shall constitute a waiver of the right to the 18 payment. Thereafter, the holder of such ticket shall have no right to enforce payment 19 of the ticket. 20 B. The funds held by any licensee for payment of outstanding tickets and for 21 the payment of electronic gaming device jackpots shall be retained by such licensee 22 for such purpose until the expiration of ninety days after the date printed on the 23 ticket. 24 C. After such time, the licensee shall remit an amount equal to the sum of 25 any unclaimed monies, less the amount of state tax paid by the licensee on such 26 unclaimed monies, to the state treasurer for deposit into the Crime Victims 27 Reparations Fund as provided for in R.S. 46:1816(B)(8). Such funds shall be used 28 exclusively to pay the expenses associated with health care services of victims of Page 2 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-627 ENGROSSED HB NO. 143 1 sexually oriented criminal offenses, including forensic medical examinations as 2 defined in R.S. 15:622. 3 * * * 4 §252. Ninety-day time period to claim jackpot ticket; collection and use of funds 5 A. The holder of a ticket obtained from any electronic gaming device which 6 is included in the definition of "game" and "gaming device", as provided for in R.S. 7 27:205, evidencing the right to a payment shall be presented for payment within 8 ninety days after the date printed on the ticket. The failure to present such a ticket 9 within the prescribed time shall constitute a waiver of the right to the payment. 10 Thereafter, the holder of such ticket shall have no right to enforce payment of the 11 ticket. 12 B. The funds held by the casino gaming operator for payment of outstanding 13 tickets and for the payment of electronic gaming device jackpots shall be retained by 14 such licensee for such purpose until the expiration of ninety days after the date 15 printed on the ticket. 16 C. After such time, the licensee shall remit an amount equal to the sum of 17 any unclaimed monies, less the amount of state tax paid by the licensee on such 18 unclaimed monies, to the state treasurer for deposit into the Crime Victims 19 Reparations Fund as provided for in R.S. 46:1816(B)(8). Such funds shall be used 20 exclusively to pay the expenses associated with health care services of victims of 21 sexually oriented criminal offenses, including forensic medical examinations as 22 defined in R.S. 15:622. 23 * * * 24 §394. Ninety-day time period to claim jackpot ticket; collection and use of funds 25 A. The holder of a ticket obtained from any electronic gaming device which 26 is included in the definition of "slot machine", as defined in R.S. 27:353, evidencing 27 the right to a payment shall be presented for payment within ninety days after the 28 date printed on the ticket. The failure to present such a ticket within the prescribed Page 3 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-627 ENGROSSED HB NO. 143 1 time shall constitute a waiver of the right to the payment. Thereafter, the holder of 2 such ticket shall have no right to enforce payment of the ticket. 3 B. The funds held by any licensee for payment of outstanding tickets and for 4 the payment of electronic gaming device jackpots shall be retained by such licensee 5 for such purpose until the expiration of ninety days after the date printed on the 6 ticket. 7 C. After such time, the licensee shall remit an amount equal to the sum of 8 any unclaimed monies, less the amount of state tax paid by the licensee on such 9 unclaimed monies, to the state treasurer for deposit into the Crime Victims 10 Reparations Fund as provided for in R.S. 46:1816(B)(8). Such funds shall be used 11 exclusively to pay the expenses associated with health care services of victims of 12 sexually oriented criminal offenses, including forensic medical examinations as 13 defined in R.S. 15:622. 14 Section 3. R.S. 46:1816(C) is hereby amended and reenacted and R.S. 46:1816(B)(8) 15is hereby enacted to read as follows: 16 §1816. Crime Victims Reparations Fund; creation; sources and use of funds; uses 17 * * * 18 B. The fund shall be composed of: 19 * * * 20 (8) Monies deposited by the state treasurer from the collection of unclaimed 21 prize money as provided for in R.S. 4:176 and 219 and R.S. 27:94, 252, and 394, 22 which shall be used exclusively to pay the expenses associated with health care 23 services of victims of sexually oriented criminal offenses, including forensic medical 24 examinations as defined in R.S. 15:622. 25 * * * 26 C.(1) All Except as provided in Paragraph (2) of this Subsection, all monies 27 deposited in the fund shall be used solely to pay reparation awards to victims 28 pursuant to this Chapter and disbursements therefrom shall be made by the state 29 treasurer upon written order of the board, signed by the chairman, or a court. Page 4 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-627 ENGROSSED HB NO. 143 1 (2) Monies received from the collection of unclaimed prize money as 2 provided for in R.S. 4:176 and R.S. 27:94, 252, and 294 shall be used exclusively to 3 pay the expenses associated with health care services of victims of sexually oriented 4 criminal offenses, including forensic medical examinations as defined in R.S. 5 15:622. 6 * * * DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] HB 143 Engrossed 2015 Regular Session Moreno Abstract: Provides that unclaimed prize tickets from pari-mutuel wagering and electronic gaming shall be collected and used exclusively for health care services of victims of sexually oriented criminal offenses. Present law provides for the regulation of gaming at horse racing tracks, the land-based casino, riverboats, and slot machine gaming. Present law provides for a 90-day time period for presentation of winning pari-mutuel wagering (horse racing) tickets. Further provides that 100 days after the close of a race meeting, a sum not to exceed $250,000 for each race meeting that is unclaimed is retained by the licensee. Proposed law deletes present law regarding the unclaimed monies after 100 days and requires the licensee to remit an amount equal to the unclaimed monies, less any state taxes owed on the monies, to the state treasurer for deposit in the Crime Victims Reparations Fund. Proposed law establishes a 90-day time period to present a winning ticket from an electronic gaming device for payment. Further provides that the failure to present a ticket within the prescribed time constitutes a waiver of the right to the payment. Thereafter, the holder of the ticket has no right to enforce payment of the ticket. Proposed law provides that the funds held by any licensee or the casino gaming operator for payment of winning tickets and for the payment of electronic gaming device jackpots shall be retained by the licensee until the expiration of 90 days after the date printed on the ticket. Funds collected shall be remitted, less any state taxes owed on the monies, to the state treasurer for deposit into the Crime Victims Reparations Fund. Proposed law provides that monies collected from all these sources shall be used exclusively for payment of costs associated with health care services of victims of sexually oriented criminal offenses. (Amends R.S. 4:176(B) and R.S. 46:1816(C); Adds R.S. 27:94, 252, and 394 and R.S. 46:1816(B)(8)) Page 5 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-627 ENGROSSED HB NO. 143 Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Appropriations to the original bill: 1. Require the licensee to deduct the state tax amount owed on the unclaimed monies before remitting the monies to the state treasurer. 2. Delete provisions of the bill related to unclaimed monies at off track betting locations. 3. Clarify that the unclaimed monies provided for in proposed law do not include certain jackpots for electronic gaming. 4. Delete exclusion of forensic medical examinations from the use of the monies provided for in proposed law. Page 6 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions.