Louisiana 2021 2021 Regular Session

Louisiana House Bill HB497 Comm Sub / Analysis

                    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 497 Original	2021 Regular Session	DuBuisson
Abstract:  Provides for referendum elections necessary to authorize and conduct riverboat gaming
operations in St. Tammany Parish.
Present law provides that the conducting of gaming activities on a riverboat is authorized only upon
certain rivers or waterways designated by law.  Present law provides that such designated rivers and
waterways shall include those portions of the Mississippi, Red, except the portion of the Red River
within the borders of Rapides Parish, Calcasieu, Mermentau, or Atchafalaya Rivers and Bayou
Segnette within the city limits of Westwego, the Mississippi River Gulf Outlet, Bayou Bienvenue,
Lake Pontchartrain, Lake Maurepas, Lake Charles, the Intracoastal Waterway, except the portion
thereof within the borders of Terrebonne and Lafourche Parishes, and the Sabine River north of the
Toledo Bend Reservoir Dam.
Present law authorizes the governing authority of any parish which borders the proposed river's or
waterway's banks to order, by resolution, an election to permit voters in such parish to decide the
question of whether the berthing of a riverboat upon which gaming is conducted on such river or
waterway shall be authorized.
Present law prohibits riverboat gaming activities from being conducted upon a riverboat berthed or
docked at a facility on that portion of Lake Pontchartrain or any waterway connected thereto located
within St. Tammany Parish.
Present law authorizes the governing authority of the parish or municipality in which the licensed
berth of a riverboat is located to levy an admission fee of up to $2.50 for each passenger boarding
or embarking upon the riverboat.
Proposed law provides for the following:
(1)Provides that the governing authority of St. Tammany Parish, by resolution, may call a
referendum election to consider the following propositions:
(a)Whether to allow gaming operations and activities allowed under the La. Riverboat
Economic Development and Gaming Control Act to be conducted in St. Tammany
Parish as required by present constitution (La. Const. Art. XII, §6(C)(1)(b)).
(b)Whether a licensee approved by the La. Gaming Control Board shall be allowed to
conduct gaming operations and activities allowed under the La. Riverboat Economic Development and Gaming Control Act at a berth or docking facility located along the
portions of Lake Pontchartrain that are part of the Lakeshore Marina located south
and east of Interstate 10, Exit 261 in eastern St. Tammany Parish.
(2)If these propositions are approved, then a riverboat gaming licensee desiring to conduct
riverboat gaming operations or activities at the specified berth or docking facility in St.
Tammany Parish on the approved portion of Lake Pontchartrain shall apply to the La.
Gaming Control Board for authorization to conduct riverboat gaming operations or activities
at that berth or docking facility, subject to the outcome of another referendum election.
(3)If the La. Gaming Control Board authorizes one or more riverboat gaming licensees pursuant
to the provisions of proposed law, the governing authority of St. Tammany Parish, by
resolution, shall call a referendum election to consider a proposition on whether a specified
riverboat gaming licensee shall be allowed to conduct riverboat gaming operations or
activities at a specified berth or docking facility in St. Tammany Parish, as required by
present constitution (La. Const. Art. XII, §6(C)(2)).
(4)Except as otherwise provided by proposed law, all elections provided for by the provisions
of proposed law shall be conducted as provided in the present law election code including
but not limited to those provisions providing for the responsibility of the parish governing
authority to provide notice to the public as provided by law.
(5)Provides that the elections shall be held in St. Tammany Parish on an appropriate date as
specified in the election code, to be selected by the governing authority of St. Tammany
Parish.
(6)Provides that if the elections authorized by the provisions of proposed law are held and if the
propositions are approved by a majority of the electors voting thereon, then in lieu of the
admission fee authorized by present law (R.S. 27:93(A)), the governing authority of the
location of the berthing facility may levy a fee not to exceed five percent of the monthly net
gaming proceeds from each riverboat located within the jurisdiction of the governing
authority.  Requires the monthly fee to be established by a "Community Agreement" between
the St. Tammany Parish Development District and the riverboat licensee.
(7)Repeals the present law provision that prohibits riverboat gaming activities from being
conducted upon a riverboat berthed or docked at a facility on that portion of Lake
Pontchartrain or any waterway connected thereto located within St. Tammany Parish.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 18:1300.25 and 1300.26 and R.S. 27:93(A)(12); Repeals R.S. 18:1300.21(I))