HLS 18RS-929 ORIGINAL
2018 Regular Session
HOUSE BILL NO. 438
BY REPRESENTATIVE PUGH
GAMBLING/RIVERBOAT: Provides for a referendum election in Tangipahoa Parish
regarding riverboat gaming
1 AN ACT
2To amend and reenact R.S. 27:43(B)(1) and to enact R.S. 18:1300.24, relative to riverboat
3 gaming operations in Tangipahoa Parish on the portion of the Tangipahoa River
4 southwest of the intersection of Interstate 12 and Louisiana Highway 445; to add the
5 portion of the Tangipahoa River south of Interstate 12 as a designated river and
6 waterway upon which riverboat gaming activities may be conducted; to require and
7 provide for a referendum election in Tangipahoa Parish; to provide for the relocation
8 of an existing riverboat gaming license holder's operations; to provide for
9 applicability; to provide for legislative intent; and to provide for related matters.
10Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 18:1300.24 is hereby enacted to read as follows:
12 §1300.24. Riverboat relocation gaming election; procedure; Tangipahoa Parish
13 A. A referendum election, to the extent required by this Chapter and Article
14 XII, Section 6 of the Constitution of Louisiana, shall be called in Tangipahoa Parish
15 at the primary congressional election to be held on November 6, 2018, pursuant to
16 R.S. 18:402(B)(1), or on a succeeding appropriate date selected by the parish
17 governing authority and as provided by law, to consider the proposition of whether
18 a holder of an existing riverboat gaming license shall be allowed to relocate to an
19 approved berth and conduct riverboat gaming operations on the portion of the
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HB NO. 438
1 Tangipahoa River southwest of the intersection of Interstate 12 and Louisiana
2 Highway 445.
3 B. The proposition on the ballot shall be stated as follows: "Shall Louisiana
4 Riverboat Gaming Partnership, an existing riverboat gaming license holder, be
5 allowed to relocate and conduct riverboat gaming operations or activities at a facility
6 to be located in Tangipahoa Parish at an approved berth or docking facility along the
7 Tangipahoa River, southwest of the intersection of Interstate 12 and Louisiana
8 Highway 445, pursuant to an existing riverboat gaming license and with the prior
9 approval of the Louisiana Gaming Control Board, all in accordance with Louisiana
10 Gaming Control Law?"
11 C. Subject to the approval of the Louisiana Gaming Control Board, which
12 is required only prior to the conducting of the election, and if a majority of those
13 voting vote in favor of the proposition, the riverboat gaming license holder may
14 relocate operations to the approved berth or docking facility in Tangipahoa Parish
15 along the Tangipahoa River, southwest of the intersection of Interstate 12 and
16 Louisiana Highway 445. The riverboat gaming license holder shall remain subject
17 to the licensing and regulatory authority of the Louisiana Gaming Control Board and
18 the Louisiana Gaming Control Law.
19 D. Except as provided in this Section, the election shall be conducted as
20 provided in Chapter 6-B of this Title, including but not limited to the provisions
21 providing for the responsibility of the parish governing authority to provide notice
22 to the public as provided by law.
23 Section 2. R.S. 27:43(B)(1) is hereby amended and reenacted to read as follows:
24 §43. Gaming activities allowed on designated rivers and waterways
25 * * *
26 B.(1) For purposes of this Chapter, designated rivers and waterways shall
27 include those portions of the Mississippi, Red, except the portion of the Red River
28 within the borders of Rapides Parish, Calcasieu, Mermentau, or Atchafalaya Rivers
29 and Bayou Segnette within the city limits of Westwego, the Mississippi River Gulf
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HB NO. 438
1 Outlet, Bayou Bienvenue, Lake Pontchartrain, Lake Maurepas, Lake Charles, the
2 Intracoastal Waterway, except the portion thereof within the borders of Terrebonne
3 and Lafourche Parishes, the portion of the Tangipahoa River south of Interstate 12
4 within Tangipahoa Parish, and the Sabine River north of the Toledo Bend Reservoir
5 Dam subject to the provisions of Paragraph (2) of this Subsection, upon which a
6 gaming operator is authorized to conduct gaming operations in accordance with the
7 provisions of this Chapter.
8 * * *
9 Section 3. The provisions of this Act shall not be construed to increase the number
10of riverboat gaming licenses authorized by R.S. 27:65(A). Also, other than, subject to voter
11approval, a portion of the Tangipahoa River becoming a "designated river or waterway" for
12purposes of the law, the provisions of this Act shall not be construed to expand riverboat
13gaming activity or operations in Louisiana beyond that authorized by the provisions of the
14Louisiana Gaming Control Law.
15 Section 4. The provisions of this Act shall not be construed to limit or in any way
16affect the authority of the Louisiana Gaming Control Board to license and regulate riverboat
17gaming activity and operations.
18 Section 5. This Act shall become effective upon signature by the governor or, if not
19signed by the governor, upon expiration of the time for bills to become law without signature
20by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
21vetoed by the governor and subsequently approved by the legislature, this Act shall become
22effective on the day following such approval.
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 438 Original 2018 Regular Session Pugh
Abstract: Provides for riverboat gaming in Tangipahoa Parish.
Proposed law calls a referendum election in Tangipahoa parish to be held on Nov. 6, 2018,
at the congressional primary election or on a succeeding appropriate date selected by the
parish governing authority.
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HB NO. 438
Proposed law provides that the proposition on the ballot shall read: "Shall Louisiana
Riverboat Gaming Partnership, an existing riverboat gaming license holder, be allowed to
relocate and conduct riverboat gaming operations or activities at a facility to be located in
Tangipahoa Parish at an approved berth or docking facility along the Tangipahoa River,
southwest of the intersection of Interstate 12 and Louisiana Highway 445, pursuant to an
existing riverboat gaming license and with prior approval of the Louisiana Gaming Control
Board, and all in accordance with Louisiana Gaming Control Law?"
Proposed law provides that if the board approves the new berth and a majority of the voters
vote in favor of the proposition, the licensee may relocate operations to the approved berth
in Tangipahoa Parish along the Tangipahoa River, southwest of the intersection of
Interstate 12 and La. Highway 445.
Proposed law provides that the licensee shall remain subject to the regulatory authority of
the board and present law.
Proposed law provides that the election shall be conducted pursuant to the La. Election
Code, including the provisions providing for the responsibility of the parish governing
authority to provide notice to the public.
Present law authorizes the conducting of gaming activities on a riverboat while on
designated rivers or waterways.
Proposed law adds the portion of the Tangipahoa River south of Interstate 12 to the
designated rivers and waterways upon which gaming activities may be conducted and
otherwise retains present law.
Present law provides that the addition of a designated river or waterway is contingent upon
approval of the voters in a referendum election held in any parish which borders the
proposed river's or waterway's banks.
Proposed law retains present law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 27:43(B)(1); Adds R.S. 18:1300.24)
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are additions.