SLS 19RS-35 ORIGINAL
2019 Regular Session
SENATE BILL NO. 153
BY SENATOR MARTINY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
GAMING. Provides relative to sports wagering. (See Act)
1 AN ACT
2 To amend and reenact R.S. 13:4721, R.S. 14:90(C) and 90.3(F), R.S. 27:3(24), 15(B)(1),
3 29(F), (H), and (I), 29.2(D), 29.3(A) and (D), 29.4(D), 44(10), (12), and (14), 58(5),
4 65(B)(11), 205(12) and (13), 239.1, 361(F), and 371(C), and to enact R.S.
5 18:1300.24, and R.S. 27:3(25) and (26), 15(B)(8)(c), and 29.2.1, and Chapter 10 of
6 Title 27 of the Louisiana Revised Statues of 1950, to be comprised of R.S. 27:601
7 through 607, relative to sports wagering; to require an election to authorize sports
8 wagering; to provide for definitions; to provide regarding permits; to provide
9 regarding sports wagering certificates; to provide regarding the duties and powers
10 of the Gaming Control Board; to provide regarding rulemaking; to provide regarding
11 prohibited wagers; to provide for an effective date; and to provide for related
12 matters.
13 Notice of intention to introduce this Act has been published.
14 Be it enacted by the Legislature of Louisiana:
15 Section 1. R.S. 27:3(24), 15(B)(1), 29(F), (H), and (I), 29.2(D), 29.3(A) and (D),
16 29.4(D), 44(10), (12), and (14), 58(5), 65(B)(11), 205(12) and (13), 239.1, 361(F), and
17 371(C) are hereby amended and reenacted and R.S. 27:3(25) and (26), 15(B)(8)(c), and
Page 1 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 153
SLS 19RS-35 ORIGINAL
1 29.2.1, and Chapter 10 of Title 27 of the Louisiana Revised Statutes of 1950, comprised of
2 R.S. 27:601 through 607, are hereby enacted to read as follows:
3 §3. Definitions
4 For the purposes of this Title, the following terms have the following
5 meanings, unless the context clearly indicates otherwise:
6 * * *
7 (24) "Sports wagering service provider" means a person who has entered
8 into a contract with the holder of a sports wagering certificate issued pursuant
9 to the provisions of Chapter 10 of this Title to manage, administer, or control
10 sports wagering for the certificate holder.
11 (25) "Sports wagering service provider permit" means the permit of a
12 sports wagering service provider.
13 (26) "Suitable", "suitability", or "suitability requirements" means the criteria
14 provided for in R.S. 27:28.
15 * * *
16 §15. Board's authority; responsibilities
17 * * *
18 B. The board shall:
19 (1) Have all regulatory authority, control, and jurisdiction, including
20 investigation, licensing, and enforcement, and all power incidental or necessary to
21 such regulatory authority, control, and jurisdiction over all aspects of gaming
22 activities and operations as authorized pursuant to the provisions of the Louisiana
23 Riverboat Economic Development and Gaming Control Act, the Louisiana
24 Economic Development and Gaming Corporation Act, the Video Draw Poker
25 Devices Control Law, the Sports Wagering Control Law, and the Louisiana
26 Fantasy Sports Contests Act, except as otherwise specified in this Title. Further, the
27 board shall have all regulatory, enforcement, and supervisory authority which exists
28 in the state as to gaming on Indian lands as provided in the provisions of Act No. 888
29 of the 1990 Regular Session of the Legislature and Act No. 817 of the 1993 Regular
Page 2 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 153
SLS 19RS-35 ORIGINAL
1 Session of the Legislature.
2 * * *
3 (8)
4 * * *
5 (c) Adopt, pursuant to the Administrative Procedure Act and as
6 specifically provided for in R.S. 27:605, all rules necessary to implement,
7 administer, and regulate sports wagering as authorized by Chapter 10 of this
8 Title.
9 * * *
10 §29. Permit required; terms; disposition of fees
11 * * *
12 F. The term of a permit issued pursuant to the provisions of R.S. 27:29.1,
13 29.2, 29.2.1, 29.3, and 86 shall be for five years.
14 * * *
15 H. The division shall collect all fees assessed pursuant to the provisions of
16 R.S. 27:29.1, 29.2, 29.2.1, 29.3, and 29.4. The division shall deposit the fees in
17 accordance with the provisions of R.S. 27:92.
18 I. The failure to remain current in the payment of any fee assessed pursuant
19 to the provisions of R.S. 27:29.1, 29.2, 29.2.1, 29.3, or 29.4 shall result in the
20 suspension of the permit.
21 * * *
22 §29.2. Gaming supplier permits
23 * * *
24 D. A supplier shall furnish to the board a list of any gaming equipment and
25 supplies offered by the supplier for sale or lease in connection with games authorized
26 under this Title. A supplier shall keep books and records for the furnishing of gaming
27 equipment and supplies to gaming operations separate and distinct from any other
28 business that the supplier might operate. A supplier shall file a quarterly return with
29 the board listing all sales and leases. A supplier shall permanently affix its name to
Page 3 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 153
SLS 19RS-35 ORIGINAL
1 all its gaming devices, equipment, and supplies for gaming operations unless
2 otherwise authorized by the board. Any supplier's gaming devices, equipment, or
3 supplies which are used by any person in unauthorized gaming operations shall be
4 forfeited to the board. The holder of a license as defined in R.S. 27:44(14), R.S.
5 27:353(5), and 27:44(15) or 353(5), the casino gaming operator, or a sports
6 wagering service provider as defined in R.S. 27:602(15) may own its own gaming
7 devices, equipment, and supplies. Each supplier, the holder of a license as defined
8 in R.S. 27:44(14), R.S. 27:353(5), and 27:44(15) or 353(5), the casino gaming
9 operator, and each sports wagering service provider as defined in R.S.
10 27:602(15) shall file an annual report with the board listing its inventories of gaming
11 devices, equipment, and supplies.
12 * * *
13 §29.2.1. Sports wagering service provider permits
14 A.(1) The board shall issue a sports wagering service provider permit to
15 any suitable person who desires to contract to manage, administer, and control
16 sports wagers for a holder of a license as defined in R.S. 27:44(15) or 353(5) or
17 the casino gaming operator.
18 (2) A person shall not contract to manage, administer, or control sports
19 wagers unless the person possesses a sports wagering service provider permit.
20 B. A sports wagering service provider shall keep books and records for
21 the management, administering, and controlling of sports wagering authorized
22 under this Title and for services for which it is contracted by a licensee or
23 operator. The keeping of books and records shall be separate and distinct from
24 any other business the sports wagering service provider might operate. A sports
25 wagering service provider shall file a quarterly return with the board listing all
26 of its contracts and services related to sports wagering authorized under this
27 Title.
28 * * *
29 §29.3. Non-gaming supplier permit
Page 4 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 153
SLS 19RS-35 ORIGINAL
1 A.(1) The division shall issue a non-gaming supplier permit to any suitable
2 persons who furnish person who furnishes services or goods and receive receives
3 compensation or remuneration for providing such goods or services to the holder of
4 a license as defined in R.S. 27:44 and or 353, or the casino gaming operator, or a
5 sports wagering service provider as defined in R.S. 27:602. The board shall
6 promulgate rules establishing the threshold amount of goods and services for which
7 a non-gaming supplier permit is required. Such services include but are not limited
8 to industries offering goods or services whether or not directly related to gaming
9 activity, including junket operators and limousine services contracting with the
10 holder of a license as defined in R.S. 27:44 and or 353, or the casino gaming
11 operator, or a sports wagering service provider as defined in R.S. 27:602;
12 suppliers of food and nonalcoholic beverages,; gaming employee or dealer training
13 schools,; garbage handlers,; vending machine providers,; linen suppliers,; or
14 maintenance companies. Any employee or dealer training school, other than
15 employee or dealer training schools conducted by a licensee, or the casino gaming
16 operator, shall be conducted at an institution approved by the Board of Regents or
17 the State Board of Elementary and Secondary Education.
18 (2) Any person who, directly or indirectly, furnishes services or goods to the
19 holder of a license as defined in R.S. 27:44 and or 353, or the casino gaming
20 operator, or a sports wagering service provider as defined in R.S. 27:602,
21 regardless of the dollar amount of the goods and services furnished, or who has a
22 business association with the holder of a license as defined in R.S. 27:44 and or 353,
23 or the casino operator, or a sports wagering service provider as defined in R.S.
24 27:602, may be required by the board or division, where applicable, to be found
25 suitable or apply for a non-gaming supplier permit. Failure to supply all information
26 required by the board or division, where applicable, may result in a finding of
27 unsuitability or denial of a non-gaming supplier permit.
28 * * *
29 D. The holder of a license as defined in R.S. 27:44 or 353, or the casino
Page 5 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 153
SLS 19RS-35 ORIGINAL
1 gaming operator, or a sports wagering service provider as defined in R.S. 27:602
2 shall ensure that all persons required to be licensed or permitted, or persons
3 performing regulated tasks who are supplied by contractual agreement or otherwise,
4 are properly licensed or permitted pursuant to this Title.
5 * * *
6 §29.4. Key and non-key gaming employee permit
7 * * *
8 D. The holder of a key or non-key gaming employee permit issued under this
9 Title shall be authorized to work in the capacity for which permitted for the holder
10 of a license as defined in R.S. 27:44(14), R.S. 27:353(5) or 27:44(15) or 353(5), the
11 casino gaming operator, or a sports wagering service provider as defined in R.S.
12 27:602(15).
13 * * *
14 §44. Definitions
15 When used in this Chapter, the following terms shall mean:
16 * * *
17 (10)(a) "Game" means any banking or percentage game which is played with
18 cards, dice, or any electronic, electrical, or mechanical device or machine for money,
19 property, or any thing of value. "Game" does not include a lottery, bingo, pull tabs,
20 raffles, electronic video bingo, cable television bingo, dog race wagering, or any
21 wagering on any type of sports event, including but not limited to football,
22 basketball, baseball, hockey, boxing, tennis, wrestling, jai alai, or other sports contest
23 or event. Game "Game" shall also include racehorse wagering.
24 (b) Notwithstanding any provision of Subparagraph (a) of this
25 Paragraph to the contrary, "game" shall include sports wagering as authorized
26 in Chapter 10 of this Title with a licensee to whom the board has issued a sports
27 wagering certificate as defined in R.S. 27:602.
28 * * *
29 (12)(a) "Gaming device" or "gaming equipment" means any equipment or
Page 6 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 153
SLS 19RS-35 ORIGINAL
1 mechanical, electro-mechanical, or electronic contrivance, component, or machine,
2 including a slot machine, used directly or indirectly in connection with gaming or
3 any game, which affects the result of a wager by determining wins or losses.
4 (b) For a licensee to whom the board has issued a sports wagering
5 certificate as defined in R.S. 27:602, "gaming device" or "gaming equipment"
6 shall also include any equipment or mechanical, electro-mechanical, or
7 electronic contrivance, component, or machine used directly or indirectly in
8 connection with sports wagering.
9 * * *
10 (14)(a) "Gaming position" means a gaming device seat or a space at a table
11 game. Each gaming device seat shall be counted as one position and each space at
12 a table game shall be counted as one position, subject to the rules and regulations of
13 the board. The board shall specifically provide by rule for the counting of gaming
14 positions for devices and games where seats and spaces are not readily countable.
15 (b) For a licensee to whom the board has issued a sports wagering
16 certificate as defined in R.S. 27:602, "gaming position" shall also include a self-
17 service wagering machine or self-service kiosk or a wagering window space
18 where a sports wager is accepted and each space, machine, or kiosk where a
19 sports wager is accepted shall be counted as one position, subject to the rules
20 and regulations of the board.
21 * * *
22 §58. Division responsibilities
23 The division shall:
24 * * *
25 (5) Require all licensees to utilize a cashless wagering system, except for
26 racehorse wagering, sports wagering, and the play of slot machines, whereby all
27 players' money is converted to tokens, electronic cards, or chips used only for
28 wagering in the gaming establishment.
29 * * *
Page 7 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 153
SLS 19RS-35 ORIGINAL
1 §65. Licenses to conduct gaming activities upon riverboats; limitations
2 * * *
3 B. Gaming shall be conducted aboard riverboats, subject to the following
4 requirements:
5 * * *
6 (11) Except for racehorse wagering, sports wagering, and the play of slot
7 machines, gaming wagers may be made only with tokens, chips, vouchers, coupons,
8 or electronic cards issued by the licensee. Such tokens, chips, vouchers, coupons, or
9 electronic cards may be used while aboard the riverboat only for the purpose of
10 making wagers on gaming games. Electronic cards may be used which are affixed
11 with a magnetic storage media, a "smart card" or those containing an integrated
12 circuit chip, but excluding credit cards issued by any other entity or institution or
13 cards which automatically withdraw funds from a credit, savings, or checking
14 account held at a depository institution as defined by Section 3 of the Federal
15 Deposit Insurance Act, which includes any credit union.
16 * * *
17 §205. Definitions
18 When used in this Chapter, the following terms have these meanings:
19 * * *
20 (12)(a) "Game" means any banking or percentage game located exclusively
21 within an official gaming establishment which is played with cards, dice, or any
22 electronic, electrical, or mechanical device or machine for money, property, or any
23 thing of value. Game "Game" does not include lottery, bingo, charitable games,
24 raffles, electronic video bingo, pull tabs, cable television bingo, wagering on dog or
25 horse races, sports betting, or wagering on any type of sports event, inclusive but not
26 limited to football, basketball, baseball, hockey, boxing, tennis, wrestling, jai alai,
27 or other sports contest or event.
28 (b) Notwithstanding any provision of Subparagraph (a) of this
29 Paragraph to the contrary, "game" shall include sports wagering as authorized
Page 8 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 153
SLS 19RS-35 ORIGINAL
1 in Chapter 10 of this Title if the board has issued the casino gaming operator
2 a sports wagering certificate.
3 (13)(a) "Gaming device" means any equipment or mechanical,
4 electromechanical, or electronic contrivance, component, or machine used directly
5 or indirectly in connection with gaming or any game which affects the result of a
6 wager by determining win or loss. The term includes a system for processing
7 information which can alter the normal criteria of random selection, which affects
8 the operation of any game, or which determines the outcome of a game. The term
9 does not include a system or device which affects a game solely by stopping its
10 operation so that the outcome remains undetermined.
11 (b) If the casino gaming operator has been issued a sports wagering
12 certificate by the board to conduct sports wagering in accordance with Chapter
13 10 of this Title, "gaming device" or "gaming equipment" shall also include any
14 equipment or mechanical, electro-mechanical, or electronic contrivance,
15 component, or machine used directly or indirectly in connection with sports
16 wagering.
17 * * *
18 §239.1. Wagering at the official gaming establishment
19 Wagering A. Except as provided in Subsection B of this Section, wagering
20 at the official gaming establishment may be made with tokens, chips, vouchers,
21 coupons, or electronic cards issued by the casino gaming operator or an approved
22 casino manager acting on behalf of the casino gaming operator. Electronic cards may
23 be used which are affixed with a magnetic storage media, a "smart card" or those
24 containing an integrated circuit chip, but excluding credit cards issued by any other
25 entity or institution or cards which automatically withdraw funds from a credit,
26 savings, or checking account held at a depository institution as defined by Section
27 3 of the Federal Deposit Insurance Act, which includes any credit union.
28 B. Notwithstanding any provision of Subsection A of this Section to the
29 contrary, if the casino gaming operator is issued a sports wagering certificate
Page 9 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 153
SLS 19RS-35 ORIGINAL
1 by the board to conduct sports wagering in accordance with Chapter 10 of this
2 Title, sports wagers at the official gaming establishment shall be made in cash
3 or through a patron's verified wagering account.
4 * * *
5 §361. Conduct of slot machine gaming; temporary conduct
6 * * *
7 F.(1) Wagering at an eligible live racing facility may be made with tokens,
8 chips, vouchers, coupons, or electronic cards issued by the licensed eligible facility
9 or an approved facility manager acting on behalf of the facility. Electronic cards may
10 be used which are affixed with a magnetic storage media, a "smart card" or those
11 containing an integrated circuit chip, but excluding credit cards issued by any other
12 entity or institution or cards which automatically withdraw funds from a credit,
13 savings, or checking account held at a depository institution as defined by Section
14 3 of the Federal Deposit Insurance Act, which includes any credit union.
15 (2) Notwithstanding any provision of Subsection A of this Section to the
16 contrary, if the holder of a license as defined in R.S. 27:353(5) is issued a sports
17 wagering certificate by the board to conduct sports wagering in accordance with
18 Chapter 10 of this Title, sports wagers at the eligible facility may be made in
19 cash or through a patron's verified wagering account.
20 * * *
21 §371. Prohibition on operation of video draw poker devices; prohibition on any
22 other type of game
23 * * *
24 C. Nothing Except in the game of sports wagering in a designated slot
25 machine gaming area where the holder of a license defined in R.S. 27:353(5)
26 possesses a valid sports wagering certificate issued by the board, nothing in this
27 Chapter shall be construed to permit the operation or play of any type of game the
28 play of which requires the participation of an employee of the licensee.
29 * * *
Page 10 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 153
SLS 19RS-35 ORIGINAL
1 CHAPTER 10. SPORTS WAGERING CONTROL ACT
2 §601. Title
3 This Chapter shall be cited and referred to as "The Louisiana Sports
4 Wagering Control Act".
5 §602. Definitions
6 Unless the context clearly indicates otherwise, when used in this Chapter,
7 the following terms shall mean:
8 (1) "Applicant" means a person who has submitted an application to the
9 board seeking a certificate or permit, or the renewal thereof.
10 (2) "Application" means the forms and schedules prescribed by the
11 board upon which an applicant seeks a certificate or permit or the renewal
12 thereof. Application also includes information, disclosure statements, and
13 financial statements submitted by an applicant as part of an application.
14 (3) "Board" has the same meaning as that term has in R.S. 27:3.
15 (4) "Division" has the same meaning as that term has in R.S. 27:3.
16 (5) "Game" means a wager on a sports event or sporting event approved
17 by the board.
18 (6) "Gaming activities" or "gaming operations" means the use,
19 operation, or conducting of any sports wagering at a riverboat, eligible facility,
20 or official gaming establishment including all activities related to and integral
21 to the operation and profitability of the licensee or casino gaming operator,
22 including accounting procedures and internal controls.
23 (7) "Gaming device" or "gaming equipment" means any equipment or
24 mechanical, electro-mechanical, or electronic contrivance, component, or
25 machine, used directly or indirectly in connection with a sports wagering
26 system.
27 (8) "Gaming position" means a sports wagering self-service machine or
28 self-service kiosk or a wagering window space where a sports wager is accepted.
29 Each self-service machine or self-service kiosk shall be counted as one position
Page 11 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 153
SLS 19RS-35 ORIGINAL
1 and each wagering window space where a sports wager is accepted shall be
2 counted as one position, subject to the rules and regulations of the board.
3 (9) "Net sports wagering proceeds" means the total of all cash and
4 property, including checks whether collected or not, received by the sports
5 wagering certificate holder from sports wagering operations, less the total of all
6 cash paid out as winnings to patrons.
7 (10) "Permit" has the same meaning as that term has in R.S. 27:3.
8 (11) "Permittee" has the same meaning as that term has in R.S. 27:3.
9 (12) "Person" has the same meaning as that term has in R.S. 27:3.
10 (13)(a) "Sports event" or "sporting event" means any professional sport
11 or athletic event, any Olympic or international sports competition event, any
12 collegiate sport or athletic event, or any portions thereof, including but not
13 limited to the individual performance statistics of athletes in a sports event or
14 combination of sports events. "Sports event" or "sporting event" shall not
15 include a prohibited event or fantasy sports activity.
16 (b) "Professional sport or athletic event" as used in Subparagraph (a) of
17 this Paragraph means an event at which two or more persons participate in a
18 sport or athletic event and receive compensation in excess of actual expenses for
19 their participation in such event.
20 (c) A prohibited event shall include all high school sports events,
21 electronic sports, and competitive video games.
22 (14)(a) "Sports wagering" means the business of accepting wagers on a
23 sports event approved by the board, provided all of the following conditions are
24 met:
25 (i) The outcome of the sports event can be verified.
26 (ii) The outcome of the sports event can be generated by a reliable and
27 independent process.
28 (iii) The outcome of the sports event is not affected by any wager placed.
29 (iv) The sports event is conducted in conformity with applicable laws,
Page 12 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 153
SLS 19RS-35 ORIGINAL
1 rules, and regulations, including the rules governing the sports event.
2 (b) The term "sports wagering" may also include proposition wagers on
3 novelty occurrences or nonoccurrences, or individual players over a broad
4 spectrum of possibilities within a sports event that are not dependent on the
5 final outcome of the sports event as approved by the board.
6 (15) "Sports wagering certificate" means a certificate issued by the
7 board to the holder of a license as defined in R.S. 27:44 or 353 or the casino
8 gaming operator that authorizes the conducting of sports wagering by the
9 licensee or operator at its licensed facility located in a parish that approved
10 sports wagering at an election called for that purpose.
11 (16) "Sports wagering service provider" has the same meaning as that
12 term has in R.S. 27:3.
13 (17) "Sports wagering system" means the methodology and equipment
14 approved by the board for accepting and recording sports wagers.
15 (18) "Suitable", "suitability", or "suitability requirements" have the
16 same meaning as those terms have in R.S. 27:3.
17 §603. Sports wagering gaming activities
18 A. Gaming activities relative to sports wagering may be conducted by
19 persons in specified locations provided all of the following requirements are
20 met:
21 (1) A majority of the qualified electors in the parish voting at a
22 proposition election called for that purpose in accordance with R.S. 18:1300.24
23 where the sports wagering is taking place voted in favor of permitting sports
24 wagering.
25 (2) The holder of a license defined in R.S. 27:44 or 353 or the casino
26 gaming operator has been awarded a sports wagering certificate by the board
27 to conduct sports wagering within the designated gaming area, designated slot
28 machine gaming area, or the official gaming establishment.
29 (3) The sports wagering is taking place within the designated gaming
Page 13 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 153
SLS 19RS-35 ORIGINAL
1 area, designated slot machine gaming area, or the official gaming establishment
2 of the holder of a license as defined in R.S. 27:44 or 353 or the casino gaming
3 operator, as appropriate.
4 (4) The gaming activities relative to sports wagering are being conducted
5 in accordance with this Chapter and all rules, regulations, and requirements of
6 the board.
7 B. (1) A sports wagering certificate holder may accept wagers on an
8 approved sports event at a wagering window or through self-service wagering
9 machines or self-service kiosks.
10 (2) Each machine, kiosk, or window shall be counted as a single gaming
11 position.
12 §604. Sports wagering certificate; requirements
13 A. The securing of a sports wagering certificate required under the
14 provisions of this Chapter shall be a prerequisite for conducting, operating, or
15 performing any activity regulated pursuant to this Chapter.
16 B. Beginning January 1, 2020, in any parish in which sports wagering
17 has been approved by the voters, a holder of a license as defined in R.S. 27:44
18 or 353 or the casino gaming operator desiring to obtain a sports wagering
19 certificate for its riverboat, eligible facility, or official gaming establishment
20 located in the parish shall make application to the board on a form and in a
21 manner prescribed by the board. The application forms shall be provided by the
22 board and shall contain such information as required by this Chapter and by
23 rules and regulations promulgated by the board. No application shall be
24 accepted unless the board determines that all relevant requirements of this
25 Chapter have been met.
26 C. No certificate to conduct sports wagering shall be issued unless the
27 board finds:
28 (1) That the applicant is capable of conducting sports wagering, which
29 means that the applicant can demonstrate the capability through training,
Page 14 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 153
SLS 19RS-35 ORIGINAL
1 education, business experience, or a combination thereof, to operate sports
2 wagering.
3 (2) That the applicant's submission of a detailed plan of design of the
4 gaming area for sports wagering and the number of gaming positions that it
5 intends to dedicate to sports wagering, are acceptable.
6 D. Only after the application is approved by the board and the board has
7 received payment of applicable fees and issued the sports wagering certificate
8 to the licensee or operator may the licensee or casino gaming operator conduct
9 sports wagering.
10 E. A sports wagering certificate shall not be transferrable; however, the
11 holder may contract with a sports wagering service provider to manage,
12 administer, or control sports wagers provided the sports wagering service
13 provider has been issued a permit as provided in R.S. 27:29.2.1.
14 F. The term of a sports wagering certificate shall be concurrent with the
15 term of the applicant's license and eligible for renewal consistent with the
16 applicant's license or contract.
17 §605. Gaming Control Board; duties and powers
18 A. The board shall adopt, pursuant to the Administrative Procedure Act,
19 all rules necessary to implement, administer, and regulate sports wagering as
20 authorized by this Chapter. At a minimum, the rules shall include the
21 following:
22 (1) Standards and procedures to govern the conduct of sports wagering
23 including but not limited to standards and procedures for the approval of a
24 sports event for wagering under the provisions of this Chapter and the approval
25 of the system of wagering, including the manner in which wagers are received;
26 payouts are remitted; point spreads, lines, and odds are determined; and
27 disputes are resolved.
28 (2) The method for calculating gross sports wagering revenue and
29 standards for the daily counting and recording of cash and cash equivalents
Page 15 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 153
SLS 19RS-35 ORIGINAL
1 received in the conduct of sports wagering, including ensuring that internal
2 controls are followed, financial books and records are maintained, and audits
3 are conducted.
4 (3) The amount of cash reserves to be maintained to cover winnings by
5 the sports wagering certificate holder and sports wagering service provider
6 permittee.
7 (4) Maximum wagers which may be accepted by the sports wagering
8 certificate holder or sports wagering service provider permittee from any one
9 patron on any one sports event.
10 (5) Notice requirements pertaining to minimum and maximum wagers
11 on sports wagering.
12 (6) Compulsive and problem gambling standards pertaining to sports
13 wagering consistent with this Title.
14 (7) Standards prohibiting persons under twenty-one years of age from
15 participating in sports wagering.
16 (8) Requirements that each sports wagering certificate holder and sports
17 wagering service provider permittee shall:
18 (a) Provide written information to sports wagering patrons about sports
19 wagering rules, payouts or winning wagers, and other information as the board
20 may require.
21 (b) Provide specifications approved by the board to integrate and update
22 the casino's or eligible facility's surveillance system to cover all areas where
23 sports wagering is conducted. The specifications shall include provisions
24 providing the board and other persons authorized by the board with onsite
25 access to the surveillance system or its signal.
26 (c) Designate one or more locations within the designated gaming area,
27 designated slot machine gaming area, or official gaming establishment to
28 conduct sports wagering.
29 (d) Ensure that visibility of each sports wagering area in the casino or
Page 16 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 153
SLS 19RS-35 ORIGINAL
1 eligible facility is not obstructed in any way that could interfere with the ability
2 of the sports wagering certificate holder and the board and other persons
3 authorized under this Title or by the board to oversee the surveillance of the
4 conduct of sports wagering.
5 (e) Integrate the casino's or eligible facility's count room to ensure
6 maximum security of the counting and storage of cash and cash equivalents.
7 (f) Equip each designated gaming area, designated slot machine gaming
8 area, or official gaming establishment within the casino or eligible facility with
9 a sign indicating the permissible sports wagering minimum and maximum
10 wagers.
11 (g) Ensure that no person under twenty-one years of age participates in
12 sports wagering.
13 B. Provided the board has initiated rulemaking pursuant to the
14 provisions of R.S. 49:953(A), the board may adopt initial administrative rules
15 as required by this Section pursuant to the provisions of R.S. 49:953(B) without
16 a finding that an imminent peril to the public health, safety, or welfare exists.
17 §606. Limitations
18 A. No persons under the age of twenty-one shall be allowed to place a
19 sports wager, nor shall a sports wagering certificate holder or sports wagering
20 service provider permit holder knowingly accept a wager from a person under
21 twenty-one years of age.
22 B. No person shall place a wager nor shall a sports wagering certificate
23 holder or sports wagering service provider permit holder knowingly accept a
24 wager from any person who may control the outcome of the sports event on
25 which the wager is attempting to be placed.
26 §607. Electronic sports wagering
27 A sports wagering certificate holder or sports wagering service provider
28 permittee may accept wagers made electronically using a mobile or other digital
29 platform. Electronic wagering shall be subject to the following requirements:
Page 17 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 153
SLS 19RS-35 ORIGINAL
1 (1) Prior to the acceptance of any electronic wager, a patron shall have
2 established a wagering account through the holder or permittee and an initial
3 verification of the account must be completed by the holder or permittee.
4 (2) Electronic sports wagers shall be placed only in the gaming area of
5 the riverboat, eligible facility, or official gaming establishment as determined
6 by the board.
7 (3) The holder or permittee maintains geo-fencing or geo-location
8 services and bears all costs and responsibilities associated therewith as required
9 by the board.
10 Section 2. R.S. 13:4721 is hereby amended and reenacted to read as follows:
11 §4721. Gambling houses; definition; declared public nuisances
12 A. For the purposes of this Sub-part, Subpart, or for the purposes of any
13 action or prosecution hereunder, a gambling house is either:
14 (1) any Any place whatever whatsoever where any game of chance of any
15 kind or character is played for money, for wagers, or for tokens, and where the
16 conduct of such place operates, directly or indirectly, to the profit of one or more
17 individuals and not exclusively to the direct profit of the actual participants in such
18 game; and.
19 (2) any Any place whatsoever where races, athletic contests, and sports, and
20 games are not actually held and where opportunity is afforded for wagering upon
21 races, athletic contests, sports, and games of chance.
22 B. All gambling houses as herein defined are declared to be public nuisances,
23 and the owner owners thereof, and the agent agents for such owner, owners, or the
24 lessee, sublessee lessees, sublessees, or other occupants thereof are declared to be
25 guilty of maintaining a public nuisance.
26 C. The provisions of this Subpart shall not apply to any place where
27 sports wagering activities are being conducted by a sports wagering certificate
28 holder in accordance with Chapter 10 of Title 27.
29 Section 3. R.S. 14:90(C) and 90.3(F) are hereby amended and reenacted to read as
Page 18 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 153
SLS 19RS-35 ORIGINAL
1 follows:
2 §90. Gambling
3 * * *
4 C. The conducting or assisting in the conducting of gaming activities or
5 operations, including sports wagering, upon a riverboat, at the official gaming
6 establishment, by operating an electronic video draw poker device, by a charitable
7 gaming licensee, or at a pari-mutuel wagering facility, conducting slot machine
8 gaming at an eligible horse racing facility, or the operation of a state lottery which
9 is licensed for operation and regulated under the provisions of Chapters 4 and 11 of
10 Title 4, Chapters 4, 5, 7, and 8, and 10 of Title 27, or Subtitle XI of Title 47 of the
11 Louisiana Revised Statutes of 1950, is not gambling for the purposes of this Section,
12 so long as the wagering is conducted on the premises of the licensed establishment.
13 * * *
14 §90.3. Gambling by computer
15 * * *
16 F. The conducting or assisting in the conducting of gaming activities or
17 operations, including sports wagering, upon a riverboat, at the official gaming
18 establishment, by operating an electronic video draw poker device, by a charitable
19 gaming licensee, or at a pari-mutuel wagering facility, conducting slot machine
20 gaming at an eligible horse racing facility, or the operation of a state lottery which
21 is licensed for operation and regulated under the provisions of Chapters 4 and 11 of
22 Title 4, Chapters 4, 5, 6, and 7, and 10 of Title 27, or Subtitle XI of Title 47 of the
23 Louisiana Revised Statutes of 1950, shall not be considered gambling by computer
24 for the purposes of this Section, so long as the wagering is done on the premises of
25 the licensed establishment.
26 * * *
27 Section 4. R.S. 18:1300.24 is hereby enacted to read as follows:
28 §1300.24. Sports wagering gaming election; procedure
29 A. At the statewide election occurring on October 12, 2019, a proposition
Page 19 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 153
SLS 19RS-35 ORIGINAL
1 shall appear on the ballot in every parish to determine whether sports wagering
2 shall be permitted in the parish in accordance with the provisions of Title 27 of
3 the Louisiana Revised Statutes of 1950.
4 B. The ballot for the election shall state as follows:
5 "PROPOSITION TO AUTHORIZ E SPORTS WAGERING.
6 Shall sports wagering be permitted in the parish of ______________?
7 YES ( ) NO ( )"
8 C.(1) If a majority of the qualified electors in the parish voting on the
9 proposition vote in favor of permitting sports wagering in the parish, then such
10 wagering, in accordance with the provisions of Title 27 of the Louisiana Revised
11 Statutes of 1950, shall be permitted.
12 (2) If a majority of the qualified electors in the parish voting on the
13 proposition vote against permitting sports wagering in the parish, then such
14 wagering shall not be permitted.
15 D. Except as otherwise provided in this Section, the election shall be
16 conducted as provided in Chapter 6-B of this Title including but not limited to
17 the provisions providing for notice to the public as provided by law.
18 Section 5. Sections 1, 2, and 3 of this Act shall take effect and become operative if
19 and when laws become operative and effective regarding permit and certificate fees for the
20 conducting of sports wagering and regarding taxes on net sports wagering proceeds.
21 Section 6. Sections 4 and 5 of this Act and this Section shall become effective upon
22 signature by the governor or, if not signed by the governor, upon expiration of the time for
23 bills to become law without signature by the governor, as provided by Article III, Section
24 18 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved
25 by the legislature, this Act shall become effective on the day following such approval.
Page 20 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 153
SLS 19RS-35 ORIGINAL
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Dawn Romero Watson.
DIGEST
SB 153 Original 2019 Regular Session Martiny
Proposed law provides for a statewide election (decided on a parish-by-parish basis) to
authorize the wagering in Louisiana on sports events. Provides that if approved by the voters
of a particular parish, a licensed riverboat (Riverboat) or live horse racing facility with a
licensed slot machine gaming area (Track) or the land-based casino gaming operator (Land-
Based Casino) located in that parish may offer sports wagering. Requires the Riverboat,
Track, or Land-Based Casino to apply to the Gaming Control Board (board) for a sports
wagering certificate and be approved for such before conducting sports wagering.
Present law provides for manufacturer, gaming supplier, nongaming supplier, and key and
nonkey gaming employee permits for manufacturers and suppliers who seek to do business
and individuals who seek employment with Riverboats, Tracks, or the Land-Based Casino.
Requires the manufacturer, supplier, or employee to secure the permit from the board before
performing any activity for which a permit is required.
Proposed law adds sports wagering service provider to the list of present law permittees and
defines a sports wagering service provider as a person who contracts with the holder of a
sports wagering certificate to manage, administer, and control sports wagers for a Riverboat,
Track, or the Land-Based Casino.
RIVERBOATS
Present law defines "game". Provides, among other exclusions, that "game" does not include
any wagering on any type of sports event including but not limited to football, basketball,
baseball, hockey, boxing, tennis, wrestling, jai alai, or other sports contest or event. Provides
"game" shall also include racehorse wagering.
Proposed law retains present law and adds that, for Riverboats to whom the board has issued
a sports wagering certificate, "game" shall also include sports wagering as authorized in
proposed law.
Present law defines "gaming device" or "gaming equipment" as any equipment or
mechanical, electro-mechanical, or electronic contrivance, component, or machine, including
a slot machine, used directly or indirectly in connection with gaming or any game, which
affects the result of a wager by determining wins or losses.
Proposed law retains present law and adds that, for Riverboats to whom the board has issued
a sports wagering certificate, "gaming device" or "gaming equipment" shall also include any
equipment or mechanical, electro-mechanical, or electronic contrivance, component, or
machine used directly or indirectly in connection with sports wagering.
Present law defines "gaming position" as a gaming device seat or a space at a table game.
Each gaming device seat shall be counted as one position and each space at a table game
shall be counted as one position, subject to the rules and regulations of the board. The board
shall specifically provide by rule for the counting of gaming positions for devices and games
where seats and spaces are not readily countable.
Proposed law retains present law and adds that, for Riverboats to whom the board has issued
a sports wagering certificate, "gaming position" shall also include a self-service wagering
machine or self-service kiosk or wagering window space where a sports wager is accepted
and each space, machine, or kiosk where a sports wager is accepted shall be counted as one
position, subject to rules and regulations of the board.
Page 21 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 153
SLS 19RS-35 ORIGINAL
Present law requires Riverboats to utilize a cashless wagering system except for racehorse
wagering and the play of slot machines.
Proposed law retains present law and adds sports wagering to the exception.
LAND-BASED CASINO
Present law defines "game". Provides, among other exclusions, that "game" does not include
wagering on any type of sports event, inclusive but not limited to football, basketball,
baseball, hockey, boxing, tennis, wrestling, jai alai, or other sports contest or event.
Proposed law retains present law and adds that, if the Land-Based Casino has been issued
a sports wagering certificate by the board, "game" shall also include sports wagering as
authorized in proposed law.
Present law defines "gaming device" or "gaming equipment" as any equipment or
mechanical, electro-mechanical, or electronic contrivance, component, or machine used
directly or indirectly in connection with gaming or any game, which affects the result of a
wager by determining wins or losses.
Proposed law retains present law and adds that if the Land-Based Casino has been issued a
sports wagering certificate, "gaming device" or "gaming equipment" shall also include any
equipment or mechanical, electro-mechanical, or electronic contrivance, component, or
machine used directly or indirectly in connection with sports wagering.
Present law requires wagering at the official gaming establishment to be made with tokens,
chips, vouchers, coupons, or electronic cards issued by the Land-Based Casino.
Proposed law retains present law and adds that if the Land-Based Casino is issued a sports
wagering certificate, sports wagers at the official gaming establishment shall be made in
cash or through a patron's verified wagering account.
TRACKS
Present law provides that wagering at the Track may be made with tokens, chips, vouchers,
coupons, or electronic cards issued by the Track. Excludes the use of debit cards which
automatically withdraw funds from a credit, savings, or checking account.
Proposed law retains present law and adds that sports wagers at an eligible facility may be
made in cash or through a patron's verified wagering account.
Present law prohibits the operation or play of any type of game at the Tracks the play of
which requires the participation of any employee of the licensee.
Proposed law makes an exception to present law for Tracks with a sports wagering
certificate.
SPORTS WAGERING
Proposed law provides for the Louisiana Sports Wagering Control Act and provides for
definitions. Authorizes sports wagering gaming activities to be conducted by persons in
specified locations provided all of the following requirements are met:
(1)A majority of the qualified electors voting at a proposition election called for that
purpose in a parish where the sports wagering is taking place voted in favor of
permitting sports wagering.
(2)The Riverboat, Track, or Land-Based Casino has been awarded a sports wagering
Page 22 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 153
SLS 19RS-35 ORIGINAL
certificate by the board to conduct sports wagering.
(3)The sports wagering is taking place within the designated gaming area of the
Riverboat, designated slot machine gaming area of the Track, or the official gaming
establishment of the Land-Based Casino.
(4)The gaming activities relative to sports wagering are being conducted in accordance
with proposed law and all rules, regulations, and requirements of the board.
Proposed law provides that a sports wagering certificate holder may accept wagers on an
approved sports event at a wagering window or through self-service wagering machines or
self-service kiosks. Provides that each machine, kiosk, or window shall be counted as a
single gaming position.
Proposed law provides a procedure for applying for a sports wagering certificate and
requires an eligible Riverboat, Track, or Land-Based Casino to be awarded a certificate
before conducting, operating, or performing any activity regulated pursuant to proposed law.
Proposed law provides that beginning January 1, 2020, in parishes in which sports wagering
has been approved by the voters, a Riverboat, Track, or Land-Based Casino may apply to
the board for a certificate on a form and in a manner prescribed by the board. Provides that
no certificate to conduct sports wagering shall be issued unless the board finds:
(1)That the applicant is capable of conducting sports wagering.
(2)That the applicant's submission of a detailed plan of design of the gaming area for
sports wagering and the number of gaming positions that it intends to dedicate to
sports wagering are acceptable.
Proposed law provides that only after the application is approved by the board and the board
has received payment of applicable fees and issued the sports wagering certificate to the
licensee or operator may the licensee or casino gaming operator conduct sports wagering at
its facility.
Proposed law provides that a sports wagering certificate shall not be transferrable; however,
the holder may contract with a permitted sports wagering service provider to manage,
administer, or control sports wagers.
Proposed law provides that the term of a sports wagering certificate shall be concurrent with
the term of the applicant's license and eligible for renewal consistent with the applicant's
license or contract.
Proposed law requires the board to adopt all rules necessary to implement, administer, and
regulate sports wagering as authorized by proposed law. Provides that at a minimum, the
rules shall include the following:
(1)Standards and procedures to govern the conduct of sports wagering including but not
limited to standards and procedures for the approval of a sports event for wagering,
and the system of wagering, including the manner in which wagers are received;
payouts are remitted; point spreads, lines, and odds are determined; and disputes are
resolved.
(2)The method for calculating gross sports wagering revenue and standards for the daily
counting and recording of cash and cash equivalents received in the conduct of sports
wagering, including ensuring that internal controls are followed, financial books and
records are maintained, and audits are conducted.
(3)The amount of cash reserves to be maintained to cover winnings by the sports
Page 23 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 153
SLS 19RS-35 ORIGINAL
wagering certificate holder or sports wagering services provider permittee.
(4)Maximum wagers which may be accepted by the sports wagering certificate holder
or sports wagering service provider permittee, as appropriate, from any one patron
on any one sports event.
(5)Notice requirements pertaining to minimum and maximum wagers.
(6)Compulsive and problem gambling standards pertaining to sports wagering
consistent with present law and proposed law.
(7)Standards prohibiting persons under 21 years of age from participating in sports
wagering.
(8)Requirements that each sports wagering certificate holder and each sports wagering
service provider permittee shall:
(a)Provide written information to sports wagering patrons about sports wagering
rules, payouts or winning wagers, and other information as the board may
require.
(b)Provide specifications approved by the board to integrate and update the
casino's or eligible facility's surveillance system to cover all areas where
sports wagering is conducted.
(c)Designate one or more locations within the designated gaming area,
designated slot machine gaming area, or official gaming establishment to
conduct sports wagering.
(d)Ensure that visibility of each sports wagering area in the casino or eligible
facility is not obstructed in any way that could interfere with the ability of the
sports wagering certificate holder and the board and other persons authorized
under present law or by the board to oversee the surveillance of the conduct
of sports wagering.
(e)Integrate the casino's or eligible facility's count room to ensure maximum
security of the counting and storage of cash and cash equivalents.
(f)Equip each designated gaming area or designated slot machine gaming area
within the casino or eligible facility with a sign indicating the permissible
sports wagering minimum and maximum wagers.
(g)Ensure that no person under 21 years of age participates in sports wagering.
Proposed law provides that if the board has initiated regular rulemaking, the board may
adopt initial emergency administrative rules without a finding that imminent peril to the
public health, safety, or welfare exists.
Proposed law prohibits:
(1)A person under the age of 21 from placing a sports wager and a sports wagering
certificate holder or sports wagering service provider permit holder from knowingly
accepting a wager from a person under 21 years of age.
(2)A person from placing a wager and a sports wagering certificate holder or sports
wagering service provider permit holder from knowingly accepting a wager from any
person who may control the outcome of the sports event on which the wager is
attempting to be placed.
Page 24 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 153
SLS 19RS-35 ORIGINAL
Proposed law authorizes electronic or mobile sports wagering provided:
(1)Prior to the acceptance of any electronic wager, a patron shall have established a
wagering account through the sports wagering certificate holder or sports wagering
service provider permittee and an initial verification of the account is completed by
the holder or permittee.
(2)Electronic sports wagers are placed only in the gaming area of the Riverboat, Track,
or Land-Based Casino as determined by the board.
(3)The sports wagering certificate holder or sports wagering service provider permittee
maintains geo-fencing or geo-location services and bears all costs and
responsibilities associated therewith as required by the board.
ELECTION
Proposed law provides for a statewide election on October 12, 2019, on a proposition to
determine whether sports wagering may be permitted in the parish. Provides that if the
majority of the qualified electors voting disapprove the proposition, sports wagering shall
not be allowed in that parish. Provides that if the majority of qualified electors voting
approve the proposition, sports wagering may be conducted in the parish in accordance with
proposed law.
Provides that proposed law shall not take effect and become operative until laws become
operative and effective regarding permit and certificate fees for conducting sports wagering
and regarding taxes on net sport wagering proceeds.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 13:4721, R.S. 14:90(C) and 90.3(F), R.S. 27:3(24), 15(B)(1), 29(F), (H), and
(I), 29.2(D), 29.3(A) and (D), 29.4(D), 44(10), (12), and (14), 58(5), 65(B)(11), 205(12) and
(13), 239.1, 361(F), and 371(C); adds R.S. 18:1300.24, R.S. 27:3(25) and (26), 15(B)(8)(c),
29.2.1, and 601-607)
Page 25 of 25
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.