HLS 20RS-826 ENGROSSED
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 enact R.S. 14:90(E) and 90.3(K), R.S. 18:1300.24, and R.S. 27:15.1, relative to sports
3 wagering; to provide for a proposition election to determine whether sports wagering
4 activities and operations will be permitted in a parish; to provide for regulatory
5 authority with the Louisiana Gaming Control Board; to provide relative to exceptions
6 to crimes of gambling and gambling by computer; to provide relative to
7 effectiveness; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 18:1300.24 is hereby enacted to read as follows:
10 §1300.24. Election on sports wagering
11 A.(1) At the statewide election occurring on November 3, 2020, a
12 proposition shall appear on the ballot in every parish to determine whether sports
13 wagering activities and operations shall be permitted in the parish.
14 (2) The ballot for the election shall state as follows:
15 "PROPOSITION TO AUTHORIZE SPORTS WAGERING ACTIVITIES.
16 Shall sports wagering activities and operations be permitted in the parish of
17 _________________?YES ( ) NO ( )"
18 B. The voters shall vote for or against the proposition. A vote for the
19 proposition being a "YES" vote, and a vote against the proposition being a "NO"
20 vote.
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HB NO. 357
1 C.(1) If a majority of the qualified electors in the parish voting on the
2 proposition vote for the proposition, then sports wagering activities and operations
3 shall be permitted in such parish only after state laws providing for the licensing,
4 regulation, and taxation of such activity and operations are enacted and become
5 effective.
6 (2) If a majority of the qualified electors in the parish voting on the
7 proposition vote against the proposition, then sports wagering activities and
8 operations shall not be permitted in the parish.
9 D. The secretary of state shall prepare the ballot for the election as set forth
10 in the provisions of this Section.
11 E. Except as otherwise provided by this Section, the election shall be
12 conducted in accordance with the Louisiana Election Code.
13 Section 2. R.S. 27:15.1 is hereby enacted to read as follows:
14 §15.1. Sports wagering
15 A. In the event of the legalization of sports wagering in any parish as a result
16 of the proposition election held on November 3, 2020, the Louisiana Gaming Control
17 Board shall have all regulatory authority, control, and jurisdiction, including
18 investigation, licensing, and enforcement, and all power incidental or necessary to
19 such regulatory authority, control, and jurisdiction over all aspects of sports
20 wagering activities and operations, except as otherwise specified in this Title.
21 B. For purposes of this Section, "sports wagering" shall be defined as the
22 business of accepting wagers on any sports event or sports contest by any system or
23 method of wagering.
24 Section 3. R.S. 14:90(E) and 90.3(K) are hereby enacted to read as follows:
25 §90. Gambling
26 * * *
27 E. Participation in sports wagering as defined by R.S. 27:15.1 shall not be
28 considered gambling for the purposes of this Section.
29 * * *
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HB NO. 357
1 §90.3. Gambling by computer
2 * * *
3 K. Participation in sports wagering as defined by R.S. 27: 15.1 shall not be
4 considered gambling by computer for the purposes of this Section.
5 Section 4. R.S. 18:1300.24 shall be considered a special law for purposes of
6Louisiana Constitution Article XII, Section 6(C)(4).
7 Section 5. Section 2 of this Act shall become effective January 1, 2021, if in the
8statewide election to be held on November 3, 2020, a majority of the qualified electors in
9at least one parish in the state vote to approve the proposition to permit sports wagering in
10such parish. However, sports wagering shall not be authorized by the Louisiana Gaming
11Control Board in such parish until state laws providing for the licensing, regulation, and
12taxation of sports wagering activities and operations are enacted and become effective.
13 Section 6. Section 3 of this Act shall become effective upon the enactment of laws
14relative to the licensing, regulation, and taxation of revenue relative to sports wagering.
15 Section 7. This Section and Sections 1, 4, 5, and 6 shall become effective June 10,
162020.
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 Engrossed 2020 Regular Session Magee
Abstract: 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 provides for a proposition election to determine whether sports wagering
activities and operations will be permitted in a particular parish. Provides that the
proposition shall appear on the ballot in every parish at the statewide election occurring on
Nov. 3, 2020.
Proposed law provides that if a majority of the qualified electors in the parish in the state
vote to approve the proposition to permit sports wagering in such parish, then sports
wagering activities and operations will be permitted in such parish only after the enactment
of state laws providing for the licensing, regulation, and taxation of such activities and
operations.
Proposed law further provides that if a majority of the qualified electors in the parish voting
on the proposition vote against the proposition, then sports wagering activities and
operations will not be permitted in the parish.
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HB NO. 357
Proposed law provides that in the event of the legalization of sports wagering, the La.
Gaming Control Board shall have all regulatory authority, control, and jurisdiction, including
investigation, licensing, and enforcement and all power incidental or necessary to such
regulatory authority, control, and jurisdiction over all aspects of sports wagering activities
and operations. Defines "sports wagering" as the business of accepting wagers on any sports
event or sports contest by any system or method of wagering.
Proposed law 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. Proposed law shall become
effective upon the enactment of laws relative to the licensing, regulation, and taxation of
revenue relative to sports wagering.
(Adds R.S. 14:90(E) and 90.3(K), R.S. 18:1300.24, and R.S. 27:15.1)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Remove proposed law provisions enacting the "Louisiana Sports Wagering
Control Act" which define terms relative to sports wagering.
2. Move proposed law provisions relative to the proposition election on sports
wagering to Title 18 rather than Title 27 of the La. Revised Statutes of 1950.
3. Relative to the regulatory authority of the La. Gaming Control Board, require the
board to have all regulatory authority, control, and jurisdiction and all power
incidental or necessary to such regulatory authority, control, and jurisdiction over
all aspects of sports wagering activities and operations.
4. Provide for a definition of "sports wagering".
5. Modify the effective date to certain provisions of proposed law.
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