2018 Regular Session ENROLLED
SENATE BILL NO. 316
BY SENATORS JOHNS AND GARY SMITH AND REPRESENTATIVES BAGNERIS,
CARPENTER, MARCELLE AND NORTON
1 AN ACT
2 To amend and reenact R.S. 27:15(B)(8)(b), 44(4) and (14) through (25), 65(B)(15), and
3 66(B)(1), and to enact R.S. 27:44(26), 46, 65(B)(16), and 67, relative to the
4 Louisiana Riverboat Economic Development and Gaming Control Act; to provide
5 relative to the Louisiana Gaming Control Board; to provide relative to gaming
6 activity locations; to provide relative to economic development plan applications for
7 relocating gaming operations; to provide relative to requirements of a riverboat; to
8 provide relative to designated gaming area; to provide for tournaments; to provide
9 for limitations; to provide for definitions; to provide for rulemaking; to provide for
10 exceptions; and to provide for related matters.
11 Be it enacted by the Legislature of Louisiana:
12 Section 1. R.S. 27:15(B)(8)(b), 44(4) and (14) through (25), 65(B)(15), and 66(B)(1)
13 are hereby amended and reenacted and R.S. 27:44(26), 46, 65(B)(16), and 67 are hereby
14 enacted to read as follows:
15 §15. Board's authority; responsibilities
16 * * *
17 B. The board shall:
18 * * *
19 (8)(a) * * *
20 (b) Promulgate rules and regulations in accordance with the Administrative
21 Procedure Act as necessary for the administration and enforcement of R.S. 27:44(4)
22 and (14), 67, 94, 252, and 394.
23 * * *
24 §44. Definitions
ACT No. 469
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2 (4) "Designated gaming area" means that portion of a riverboat in which
3 gaming activities may be conducted. Such designated gaming area shall not exceed
4 sixty percent of the total square footage of the passenger access area of the vessel or
5 thirty thousand square feet, whichever is lesser two thousand three hundred
6 sixty-five gaming positions, subject to the rules and regulations of the board.
7 * * *
8 (14) "Gaming position" means a gaming device seat or a space at a table
9 game. Each gaming device seat shall be counted as one position and each space
10 at a table game shall be counted as one position, subject to the rules and
11 regulations of the board. The board shall specifically provide by rule for the
12 counting of gaming positions for devices and games where seats and spaces are
13 not readily countable.
14 (14)(15) "License" or "gaming license" means a license or authorization to
15 conduct gaming activities on a riverboat issued pursuant to the provisions of this
16 Chapter.
17 (15)(16) "Net gaming proceeds" means the total of all cash and property,
18 including checks received by a licensee, whether collected or not, received by the
19 licensee from gaming operations, less the total of all cash paid out as winnings to
20 patrons.
21 (16)(17) "Non-certificated vessel" means a riverboat vessel which does not
22 hold a Certificate of Inspection issued by the United States Coast Guard. Such
23 vessels may include those that formerly held a Certificate of Inspection issued by the
24 United States Coast Guard and those for which the Coast Guard declines to issue a
25 Certificate of Inspection.
26 (17)(18) "Passenger" means a natural person who is present on a riverboat but
27 has no part in the vessel's operation.
28 (18)(19) "Permit" shall have the same meaning as that term defined in R.S.
29 27:3.
30 (19)(20) "Permittee" shall have the same meaning as that term defined in R.S.
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1 27:3.
2 (20)(21) "Person" shall have the same meaning as that term defined in R.S.
3 27:3.
4 (21)(22) "Racehorse wagering" means wagers placed on horse racing
5 conducted under the pari-mutuel form of wagering at licensed racing facilities that
6 is accepted by a licensed racehorse wagering operator under the provisions of this
7 Chapter.
8 (22)(23) "Racehorse wagering operator" means the licensed racing
9 association whose facility is located closest to the licensed berth of the riverboat on
10 which gaming activities are approved.
11 (23)(24) "Riverboat" means a vessel or facility which:
12 (a) Carries a valid Certificate of Inspection issued by the United States Coast
13 Guard with regard to the carriage of passengers on designated rivers or waterways
14 within or contiguous to the boundaries of the state of Louisiana.
15 (b) Carries a valid Certificate of Inspection from the United States Coast
16 Guard for the carriage of a minimum of six hundred passengers and crew.
17 (c) Has a minimum length of one hundred fifty feet.
18 (d) Is of such type and design so as to replicate as nearly as practicable
19 historic Louisiana river borne steamboat passenger vessels of the nineteenth century
20 era. It shall not, however, be a requirement that the vessel be steam-propelled:
21 (i) Steam-propelled or maintain overnight facilities for its passengers.
22 (ii) Paddlewheel-driven or have an operable paddlewheel.
23 (e) Is paddlewheel driven Is approved by the board and a portion of its
24 designated gaming area is located within one thousand two hundred feet of a
25 riverboat's licensed berth. Such facilities shall be inspected pursuant to R.S.
26 27:44.1(D)(1)(b).
27 (24)(25) "Slot machine" means any mechanical, electrical, or other device,
28 contrivance, or machine which, upon insertion of a coin, token, or similar object
29 therein or upon payment of any consideration whatsoever, is available to play or
30 operate, the play or operation of which, whether by reason of the skill of the operator
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1 or application of the element of chance, or both, may deliver or entitle the person
2 playing or operating the machine to receive cash, premiums, merchandise, tokens,
3 or anything of value, whether the payoff is made automatically from the machine or
4 in any other manner.
5 (25)(26) "Supervisor" means the person in charge of the division.
6 * * *
7 §46. Quarterly reporting of professional services and employment information
8 A.(1) Each holder of a license as defined in R.S. 27:44(14) shall submit
9 to the board, the Senate Committee on Judiciary B, and the House Committee
10 on the Administration of Criminal Justice the report required by R.S. 27:21.1.
11 (2) The report shall also indicate if the entity providing a professional
12 service is a Louisiana business, a female-owned business, or a minority-owned
13 business.
14 B. In addition to the report required by Subsection A, each holder of a
15 license as defined in R.S. 27:44(14) shall submit to the board, the Senate
16 Committee on Judiciary B, and the House Committee on the Administration of
17 Criminal Justice a report of the demographic information of their workforce,
18 including but not limited to race, gender, and Louisiana residency.
19 C. The report required by this Section shall be submitted to the board
20 and committees on a quarterly basis. The report shall be forwarded to the
21 board and committees by certified mail no later than twenty days after the end
22 of each quarter.
23 D. The report required by the provisions of this Section shall not be
24 required to contain the amount of compensation paid to each business entity or
25 employee.
26 E. The board may impose sanctions on the licensee for failure to submit
27 to the board and committees the reports required by this Section.
28 F. The board shall adopt rules to implement the provisions of this
29 Section. All rules shall be adopted pursuant to the provisions of the
30 Administrative Procedure Act and R.S. 27:15(B)(8).
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1 * * *
2 §65. Licenses to conduct gaming activities upon riverboats; limitations
3 * * *
4 B. * * *
5 (15) Licensees may conduct no more than four tournaments per year in
6 which the gaming positions utilized for tournament play are not considered part
7 of the licensee's total number of gaming positions. A tournament conducted
8 pursuant to this Paragraph shall be no more than fourteen days in length.
9 (16) In addition to the above, gaming must be conducted in accordance with
10 all the terms of the license, the requirements set forth in this Chapter, and rules and
11 regulations adopted by the division and the board.
12 §66. Gaming while a riverboat is docked in the parish of the official gaming
13 establishment
14 * * *
15 B. Notwithstanding any provision in this Chapter to the contrary, the
16 provisions of R.S. 27:65(B)(1)(c) and 66 shall apply to not more than one licensed
17 riverboat at any time which must be located on Lake Pontchartrain in the parish of
18 the official gaming establishment as defined in R.S. 27:203 and 205(26) if and only
19 if:
20 (1) Such riverboat conducts gaming activities in an area not exceeding thirty
21 thousand square feet in the aggregate only in the designated gaming area;
22 * * *
23 §67. Economic development relocation application; procedure; requirements
24 A. Notwithstanding any provision of law to the contrary, a licensee may
25 submit an application to the board to relocate its gaming operations to a facility
26 located within one thousand two hundred feet of the riverboat's licensed berth.
27 B. Such application must include the licensee's relocation plan, detailed
28 capital improvement and reinvestment plan, and any other information
29 required by the board. The board shall prescribe the form and manner of
30 submission for the applications described in this Section.
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1 C. All gaming operations shall be conducted in accordance with the
2 terms of the license, the requirements of this Title, and rules and regulations
3 adopted by the board.
4 Section 2. This Act shall become effective upon signature by the governor or, if not
5 signed by the governor, upon expiration of the time for bills to become law without signature
6 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
7 vetoed by the governor and subsequently approved by the legislature, this Act shall become
8 effective on the day following such approval.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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