HLS 19RS-1197 ORIGINAL 2019 Regular Session HOUSE BILL NO. 600 BY REPRESENTATIVE TALBOT TAX/GAMING: Levies a state tax on the net gaming proceeds of fantasy sports contests, and authorizes a fee for issuance of certain licenses or permits 1 AN ACT 2To enact R.S. 27:302(3) and (4) and 306, relative to the taxation of fantasy sports contests; 3 to levy a state tax on certain fantasy sports contests; to authorize a fee for issuance 4 of certain licenses or permits; to provide for definitions; to provide for certain 5 requirements and limitations; to provide for certain conditions; to provide for the 6 disposition of the avails of the tax; to provide for an effective date; and to provide 7 for related matters. 8Be it enacted by the Legislature of Louisiana: 9 Section 1. R.S. 27:302(3) and (4) and 306 are hereby enacted to read as follows: 10 §302. Definitions 11 For purposes of this Chapter: 12 * * * 13 (3) "Net gaming proceeds" means the total of all cash and property, 14 including checks received by an operator or licensee, whether collected or not, from 15 gaming operations, less the total of all cash paid out as winnings to patrons. 16 (4) "Operator" or "Licensee" means any person holding or applying for a 17 gaming license or permit that allows the licensee or permittee to administer, conduct, 18 control, or manage fantasy sports contests. 19 * * * Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 19RS-1197 ORIGINAL HB NO. 600 1 §306. Taxation and fees 2 A. There is hereby levied a tax of ten percent upon the net gaming proceeds 3 of fantasy sports contests offered to consumers within this state, which shall be due 4 and payable monthly. 5 B. The annual fee for a fantasy sports contest license or permit shall be ten 6 thousand dollars. This fee is required to be submitted to the division on the 7 anniversary date of the issuance of the license or permit. 8 C. The division shall collect all fees, fines, and state taxes imposed or 9 assessed under the provision of this Chapter and under the rules and regulations of 10 the board. 11 D. All fees, fines, revenues, state taxes, and other monies collected by the 12 division shall be forwarded upon receipt to the state treasurer for immediate deposit 13 into the state general fund. 14 Section 2. This Act shall become effective on July 1, 2019. 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 600 Original 2019 Regular Session Talbot Abstract: Authorizes a 10% state tax on net gaming proceeds from fantasy sports contests and dedicates the avails of the tax to the state general fund. Present law establishes the "Louisiana Fantasy Sports Contests Act" that authorizes the electors in the state to determine whether fantasy sports contests are permitted in a particular parish. Present law defines a "fantasy sports contest" to mean any fantasy or simulation sports game or contest played through the internet or mobile device with all of the following elements: (1)Participants create a simulation sports team based on the current membership of actual amateur or professional sports organizations. (2)All prizes and awards offered to winning participants are established in advance of the game or contest and the value of the prizes is not determined by the number of participants or the amount of fees paid by participants. (3)All winning outcomes reflect the relative knowledge and skill of the participant and are determined by accumulated statistical results of the performance of the individuals. Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 19RS-1197 ORIGINAL HB NO. 600 (4)No winning outcome is based on the score, point-spread, or any performance or performances of any single real-world team or any combination of teams or on a single performance of an individual athlete in any single real-world sporting or other event. Present law requires the La. Gaming Control Board to adopt rules necessary to implement, administer, and regulate fantasy sports contests in this state if the electors of a parish approved fantasy sports contests in the parish. Upon adoption of rules by the La. Gaming Control Board and the enactment of laws to provide for the licensing, regulation, and taxation of revenue relative to fantasy sports contests, present law provides the following: (1)Authorizes fantasy sports contests only in those parishes that approved the proposition to permit fantasy sports contests in the parish. (2)Provides an exception to crimes in present law for gaming and gambling by computer for fantasy sports contests. Proposed law levies a 10% tax on the net gaming proceeds of fantasy sports contest gaming conducted in the state and requires the avails to be deposited into the state general fund. Proposed law provides for a $10,000 fantasy sports contest license or permit fee. Proposed law defines net gaming proceeds as the total of all cash and property, including checks received by a licensee or operator, whether collected or not from gaming operations, less the total of all cash paid out as winnings to patrons. Proposed law requires the tax levied on fantasy sports contests to be collected by the division in the office of state police, which provides investigatory, regulatory, and enforcement services to the La. Gaming Control Board in the implementation, administration, and enforcement of gaming laws, rules, and regulations. Eff. July 1, 2019. (Adds R.S. 27:302(3) and (4) and 306) Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions.