HLS 15RS-627 REENGROSSED 2015 Regular Session HOUSE BILL NO. 143 BY REPRESENTATIVES MORENO, ABRAMSON, BADON, BARROW, BOUIE, BROADWATER, TIM BURNS, BURRELL, CONNICK, COX, EDWARDS, GUILLORY, HARRISON, HAZEL, HENRY, HILL, HOFFMANN, HOWARD, HUNTER, KLECKLEY, NANCY LANDRY, TERRY LANDRY, LEGER, MILLER, NORTON, ORTEGO, OURSO, PEARSON, PIERRE, POPE, PRICE, REYNOLDS, RITCHIE, SCHRODER, SIMON, SMITH, TALBOT, WHITNEY, ALFRED WILLIAMS, PATRICK WILLIAMS, WILLMOTT, AND WOODRUFF AND SENATOR ALARIO 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 Page 1 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-627 REENGROSSED HB NO. 143 1 by such licensee for such purpose until the expiration of ninety days after the close 2 of the race meeting conducted by the licensee. One hundred days after the close of 3 any race meeting, any unclaimed monies subjected to this Section shall be disposed 4 of as follows. the licensee shall remit an amount equal to the sum of all unclaimed 5 monies, less the amount of state tax paid by the licensee on such unclaimed monies, 6 to the state treasurer for deposit into the Crime Victims Reparations Fund as 7 provided for in R.S. 46:1816(B)(8). Such funds shall be used exclusively to pay the 8 expenses associated with health care services of victims of sexually-oriented 9 criminal offenses, including forensic medical examinations as defined in R.S. 10 15:622. A sum not to exceed two hundred fifty thousand dollars for each race 11 meeting shall be retained by the licensee and the remaining amount, if any, shall be 12 paid over to the Louisiana State Racing Commission under oath, which shall then 13 deposit said funds to the State General Fund of the state treasury with a report 14 submitted under oath. 15 Section 2. R.S. 27:94, 252, and 394 are hereby enacted to read as follows: 16 §94. Ninety-day time period to claim jackpot ticket; collection and use of funds 17 A. The holder of a ticket obtained from any electronic gaming device which 18 is included in the definition of "game", "gaming device", and "gaming equipment", 19 as defined in R.S. 27:44, evidencing the right to a payment shall present the ticket 20 for payment within ninety days after the date printed on the ticket. The failure to 21 present such a ticket within the prescribed time shall constitute a waiver of the right 22 to the payment. Thereafter, the holder of such ticket shall have no right to enforce 23 payment of the ticket. 24 B. The funds held by any licensee for payment of outstanding tickets and for 25 the payment of electronic gaming device jackpots shall be retained by such licensee 26 for such purpose until the expiration of ninety days after the date printed on the 27 ticket. 28 C. After such time, the licensee shall remit an amount equal to the sum of 29 any unclaimed monies, less the amount of state tax paid by the licensee on the Page 2 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-627 REENGROSSED HB NO. 143 1 unclaimed monies, to the state treasurer for deposit into the Crime Victims 2 Reparations Fund as provided for in R.S. 46:1816(B)(8). The funds shall be used 3 exclusively to pay the expenses associated with health care services of victims of 4 sexually-oriented criminal offenses, including forensic medical examinations as 5 defined in R.S. 15:622. 6 * * * 7 §252. Ninety-day time period to claim jackpot ticket; collection and use of funds 8 A. The holder of a ticket obtained from any electronic gaming device which 9 is included in the definition of "game" and "gaming device", as provided for in R.S. 10 27:205, evidencing the right to a payment shall present the ticket for payment within 11 ninety days after the date printed on the ticket. The failure to present such a ticket 12 within the prescribed time shall constitute a waiver of the right to the payment. 13 Thereafter, the holder of such ticket shall have no right to enforce payment of the 14 ticket. 15 B. The funds held by the casino gaming operator for payment of outstanding 16 tickets and for the payment of electronic gaming device jackpots shall be retained by 17 such licensee for such purpose until the expiration of ninety days after the date 18 printed on the ticket. 19 C. After such time, the licensee shall remit an amount equal to the sum of 20 any unclaimed monies, less the amount of state tax paid by the licensee on the 21 unclaimed monies, to the state treasurer for deposit into the Crime Victims 22 Reparations Fund as provided for in R.S. 46:1816(B)(8). The funds shall be used 23 exclusively to pay the expenses associated with health care services of victims of 24 sexually-oriented criminal offenses, including forensic medical examinations as 25 defined in R.S. 15:622. 26 * * * 27 §394. Ninety-day time period to claim jackpot ticket; collection and use of funds 28 A. The holder of a ticket obtained from any electronic gaming device which 29 is included in the definition of "slot machine", as defined in R.S. 27:353, evidencing Page 3 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-627 REENGROSSED HB NO. 143 1 the right to a payment shall present the ticket for payment within ninety days after 2 the date printed on the ticket. The failure to present such a ticket within the 3 prescribed time shall constitute a waiver of the right to the payment. Thereafter, the 4 holder of such ticket shall have no right to enforce payment of the ticket. 5 B. The funds held by any licensee for payment of outstanding tickets and for 6 the payment of electronic gaming device jackpots shall be retained by such licensee 7 for such purpose until the expiration of ninety days after the date printed on the 8 ticket. 9 C. After such time, the licensee shall remit an amount equal to the sum of 10 any unclaimed monies, less the amount of state tax paid by the licensee on the 11 unclaimed monies, to the state treasurer for deposit into the Crime Victims 12 Reparations Fund as provided for in R.S. 46:1816(B)(8). The funds shall be used 13 exclusively to pay the expenses associated with health care services of victims of 14 sexually-oriented criminal offenses, including forensic medical examinations as 15 defined in R.S. 15:622. 16 Section 3. R.S. 46:1816(C) is hereby amended and reenacted and R.S. 46:1816(B)(8) 17is hereby enacted to read as follows: 18 §1816. Crime Victims Reparations Fund; creation; sources and use of funds; uses 19 * * * 20 B. The fund shall be composed of: 21 * * * 22 (8) Monies deposited by the state treasurer from the collection of unclaimed 23 prize money as provided for in R.S. 4:176 and R.S. 27:94, 252, and 394, which shall 24 be used exclusively to pay the expenses associated with health care services of 25 victims of sexually-oriented criminal offenses, including forensic medical 26 examinations as defined in R.S. 15:622. 27 * * * 28 C.(1) All Except as provided in Paragraph (2) of this Subsection, all monies 29 deposited in the fund shall be used solely to pay reparation awards to victims Page 4 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-627 REENGROSSED HB NO. 143 1 pursuant to this Chapter and disbursements therefrom shall be made by the state 2 treasurer upon written order of the board, signed by the chairman, or a court. 3 (2) Monies received from the collection of unclaimed prize money as 4 provided for in R.S. 4:176 and R.S. 27:94, 252, and 294 shall be used exclusively to 5 pay the expenses associated with health care services of victims of sexually-oriented 6 criminal offenses, including forensic medical examinations as defined in R.S. 7 15:622. 8 * * * 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 Reengrossed 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 REENGROSSED 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. The House Floor Amendments to the engrossed bill: 1. Make technical changes to the bill. Page 6 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions.