HLS 20RS-826 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 357
BY REPRESENTATIVE MAGEE
GAMING: Provides for a proposition election to authorize sports wagering in Louisiana
1 AN ACT
2To amend and reenact R.S. 27:15(B)(1) and to enact R.S. 14:90(E) and 90.3(K) and Chapter
3 10 of Title 27 of the Louisiana Revised Statutes of 1950, to be comprised of R.S.
4 27:601 through 605, relative to sports wagering; to create the Louisiana Sports
5 Wagering Control Act; to provide for a proposition election to authorize sports
6 wagering in a parish; to provide for definitions; to provide for the duties of the
7 Louisiana Gaming Control Board with respect to the regulation of sports wagering;
8 to provide relative to effectiveness; and to provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. Chapter 10 of Title 27 of the Louisiana Revised Statutes of 1950,
11comprised of R.S. 27:601 through 603 is hereby enacted to read as follows:
12 CHAPTER 10. SPORTS WAGERING CONTROL ACT
13 §601. Title
14 This Chapter shall be cited and referred to as the "Louisiana Sports Wagering
15 Control Act".
16 §602. Definitions
17 For purposes of this Chapter, the following terms shall have these meanings:
18 (1) "Board" has the same meaning as that term has in R.S. 27:3.
19 (2) "Division" has the same meaning as that term has in R.S. 27:3.
20 (3) "Game" means a wager on a sports event or sporting event approved by
21 the board.
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1 (4)(a) "Sports event" or "sporting event" means any professional sport or
2 athletic event, any Olympic or international sports competition event, any collegiate
3 sport or athletic event, or any portions thereof, including but not limited to the
4 individual performance statistics of athletes in a sports event or combination of
5 sports event. "Sports event" or "sporting event" shall not include a prohibited event
6 or fantasy sports activity. A prohibited event shall include any high school sports
7 event.
8 (b) "Professional sport or athletic event" as used in Subparagraph (a) of this
9 Paragraph means an event at which two or more persons participate in a sport or
10 athletic event and receive compensation in excess of actual expenses for their
11 participation in such event.
12 (5)(a) "Sports wagering" means the business of accepting wagers on a sports
13 event approved by the board, provided all of the following conditions are met:
14 (i) The outcome of the sports event can be verified.
15 (ii) The outcome of the sports event can be generated by a reliable and
16 independent process.
17 (iii) The outcome of the sports event is not affected by any wager placed.
18 (iv) The sports event is conducted in conformity with applicable laws.
19 (v) The wager shall only be accepted from persons twenty-one years of age
20 or older.
21 (b) The term "sports wagering" may also include proposition wagers on
22 novelty occurrences or nonoccurrences, or individual players over a broad spectrum
23 of possibilities within a sports event that are not dependent on the final outcome of
24 the sports event as approved by the board.
25 §603. Election on sports wagering
26 A. Notwithstanding any provision of law to the contrary, no sports wagering
27 shall be allowed in any parish unless first approved at an election held for such
28 purpose pursuant to the provisions of this Section.
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HB NO. 357
1 B.(1) At the statewide election occurring on November 3, 2020, a
2 proposition shall appear on the ballot in every parish to determine whether sports
3 wagering shall be permitted in the parish.
4 (2) The ballot for the election shall state as follows:
5 "PROPOSITION TO AUTHORIZE SPORTS WAGERING.
6 Shall sports wagering be permitted in the parish of ?
7 YES ( ) NO ( )"
8 C.(1) The voters shall vote for or against the proposition. A vote for the
9 proposition being a "YES" vote, and a vote against the proposition being a "NO"
10 vote.
11 (2) If a majority of the qualified electors in the parish voting on the
12 proposition vote for the proposition, then sports wagering shall be permitted in such
13 parish subject to the enactment of laws for the licensing, regulation, and taxation of
14 such activity.
15 (3) If a majority of the qualified electors in the parish voting on the
16 proposition vote against the proposition, then sports wagering shall not be permitted
17 in the parish.
18 D. The secretary of state shall prepare the ballot for the election as set forth
19 in the provisions of this Section.
20 E. Except as otherwise provided by this Section, the election shall be
21 conducted in accordance with the Louisiana Election Code.
22 Section 2. R.S. 27:15(B)(1) is hereby amended and reenacted and R.S. 27:604 is
23hereby enacted to read as follows:
24 §15. Board's authority; responsibilities
25 * * *
26 B. The board shall:
27 (1) Have all regulatory authority, control, and jurisdiction, including
28 investigation, licensing, and enforcement, and all power incidental or necessary to
29 such regulatory authority, control, and jurisdiction over all aspects of gaming
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HB NO. 357
1 activities and operations as authorized pursuant to the provisions of the Louisiana
2 Riverboat Economic Development and Gaming Control Act, the Louisiana
3 Economic Development and Gaming Corporation Act, the Video Draw Poker
4 Devices Control Law, the Sports Wagering Control Act, and the Louisiana Fantasy
5 Sports Contests Act, except as otherwise specified in this Title. Further, the board
6 shall have all regulatory, enforcement, and supervisory authority which exists in the
7 state as to gaming on Indian lands as provided in the provisions of Act No. 888 of
8 the 1990 Regular Session of the Legislature and Act No. 817 of the 1993 Regular
9 Session of the Legislature.
10 * * *
11 §604. Gaming Control Board; duties and powers
12 A. The board shall perform the duties and functions as authorized by the
13 provisions of this Chapter and the regulatory authority with respect to the regulation
14 of sports wagering as provided by R.S. 27:15.
15 B. The board shall adopt, pursuant to the Administrative Procedure Act, all
16 rules necessary to implement, administer, and regulate sports wagering as authorized
17 in this Chapter.
18 Section 3. R.S. 14:90(E) and 90.3(K) are hereby enacted to read as follows:
19 §90. Gambling
20 * * *
21 E. Except as provided in R.S. 27:605, participation in sports wagering as
22 defined by R.S. 27:602 shall not be considered gambling for the purposes of this
23 Section.
24 * * *
25 §90.3. Gambling by computer
26 * * *
27 K. Except as provided in R.S. 27:605, participation in sports wagering as
28 defined by R.S. 27:602 shall not be considered gambling by computer for the
29 purposes of this Section.
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HB NO. 357
1 Section 4. R.S. 27:605 is hereby enacted to read as follows:
2 §605. Sports wagering prohibited in certain parishes
3 Notwithstanding any provision of law to the contrary, sports wagering shall
4 not be permitted in any parish in which, at the election held pursuant to R.S. 27:603,
5 a majority of the qualified electors in the parish voting on the proposition to
6 authorize sports wagering in the parish voted against the proposition.
7 Section 5. This Section and Sections 1, 6, and 7 of this Act shall become effective
8on August 1, 2020.
9 Section 6. Section 2 of this Act shall become effective on November 4, 2020, if in
10the statewide election held on November 3, 2020, a majority of the qualified electors in at
11least one parish in the state vote to approve the proposition to permit sports wagering in such
12parish.
13 Section 7. Sections 3 and 4 of this Act shall become effective upon the enactment
14of laws relative to the licensing, regulation, and taxation of revenue relative to sports
15wagering and the adoption of rules by the Louisiana Gaming Control Board to implement,
16administer, and regulate sports wagering as provided by this Act.
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 357 Original 2020 Regular Session Magee
Abstract: Creates the Louisiana Sports Wagering Control Act, requires a proposition
election to determine whether sports wagering shall be permitted in each parish, and
provides for the regulation of sports wagering.
Proposed law creates the "Louisiana Sports Wagering Control Act" and provides for a
proposition election to be held on Nov. 3, 2020, to determine whether sports wagering shall
be permitted in a particular parish. For purposes of proposed law, "sports wagering" means
the business of accepting wagers on a sports event approved by the La. Gaming Control
Board, provided all of the following conditions are met:
(1)The outcome of the sports event can be verified.
(2)The outcome of the sports event can be generated by a reliable and independent
process.
(3)The outcome of the sports event is not affected by any wager placed.
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(4)The sports event is conducted in conformity with applicable laws.
(5)The wager shall only be accepted from persons 21 years of age or older.
Proposed law further provides that the term "sports wagering" may also include proposition
wagers on novelty occurrences or nonoccurrences, or individual players over a broad
spectrum of possibilities within a sports event that are not dependent on the final outcome
of the sports event as approved by the board.
If a majority of the qualified electors in at least one parish in the state vote to approve the
proposition to permit sports wagering in such parish, proposed law requires the La. Gaming
Control Board to adopt all rules necessary to implement, administer, and regulate sports
wagering as provided by proposed law.
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 sports wagering,
proposed law does all of the following:
(1)Authorizes sports wagering in only those parishes in which a majority of qualified
electors in the parish voting on the proposition voted for the proposition to permit
sports wagering in the parish.
(2)Provides an exception to the present law crimes of gambling (R.S. 14:90) and
gambling by computer (R.S. 14:90.3) for sports wagering.
(Amends R.S. 27:15(B)(1); Adds R.S. 14:90(E) and 90.3(K) and R.S. 27:601-605)
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