2022 Regular Session ENROLLED
SENATE BILL NO. 290
BY SENATOR CORTEZ
1 AN ACT
2 To amend and reenact the introductory paragraph of R.S. 27:27.1(C) and 27.1(C)(1), (3),
3 and (8), (D)(1), (3), and (4), (E), (F), (J), the introductory paragraph of (L), and (M),
4 627, and 628(B), relative to sports wagering; to specifically include operators and
5 electronic wagering in compulsive and problem gambling programs; to add certain
6 parties to the exception from liability for certain disclosure of information; to allow
7 the division of a licensee's promotional play credit between platforms; to provide a
8 method of proportionate distribution of revenue dedicated to local government; and
9 to provide for related matters.
10 Be it enacted by the Legislature of Louisiana:
11 Section 1. The introductory paragraph of R.S. 27:27.1(C) and 27.1(C)(1), (3), and
12 (8), (D)(1), (3), and (4), (E), (F), (J), the introductory paragraph of (L), and (M), 627, and
13 628(B) are hereby amended and reenacted to read as follows:
14 §27.1. Uniform compulsive and problem gambling program
15 * * *
16 C. Within one hundred twenty days from the adoption of the rules provided
17 for in Subsection B of this Section, each holder of a license and operator as defined
18 in R.S. 27:44, 353, and 602, and the casino gaming operator shall submit for
19 approval to the board a comprehensive program that provides policies and
20 procedures that, at a minimum, shall cover the following areas of concern and are
ACT No. 266
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1 designed to:
2 (1) Provide procedures designed to prevent employees from willfully
3 permitting a person identified on a self-exclusion list from engaging in gaming
4 activities at the licensed establishment or facility or electronically on a sports
5 wagering platform.
6 * * *
7 (3) Provide procedures for the development of programs to address issues of
8 underage gambling and unattended minors at gaming facilities the licensed
9 establishment or facility or electronically on a sports wagering platform.
10 * * *
11 (8) Provide procedures for the distribution or posting within the gaming
12 establishment or facility and on the sports wagering platform, including all
13 gaming websites and mobile applications, of information that promotes public
14 awareness about problem gambling and provides information on available services
15 and resources to those who have a gambling problem.
16 * * *
17 D.(1) The board shall provide by rule for the establishment of a list of self-
18 excluded persons from gaming activities at all gaming establishments with a
19 licensee, operator, or casino gaming operator. Any person may request placement
20 on the list of self-excluded persons by acknowledging in a manner to be established
21 by the board that the person wishes to be excluded and by agreeing that, during any
22 period of voluntary exclusion, the person may not collect any winnings or recover
23 any losses resulting from any such gaming activity at such gaming establishments.
24 * * *
25 (3) The rules shall establish procedures for the transmittal to all gaming
26 establishments of identifying information concerning self-excluded persons, and to
27 any entity licensed or permitted under the provisions of this Title that is
28 responsible for ascertaining the identity of gaming patrons. The rules shall
29 require all such gaming establishments licensees, operators, and the casino gaming
30 operator to establish procedures designed, at a minimum, to remove self-excluded
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1 persons from targeted mailings or other forms of advertising or promotions and deny
2 self-excluded persons access to credit, complimentaries, check-cashing privileges,
3 and other club benefits.
4 (4) The rules shall provide that notwithstanding the provision of R.S. 27:21
5 or any other law to the contrary, the board's list of self-excluded persons shall not be
6 open to public inspection. The board, division, any licensee, permittee, or casino
7 gaming operator and any employee or agent thereof shall not be liable to any self-
8 excluded person or to any other party in any judicial proceeding for any monetary
9 damages or other remedy which may arise as a result of disclosure or publication in
10 any manner other than a willfully unlawful disclosure to a third party that is not an
11 employee, agent, affiliated company, patron identification service entity, or
12 employee or agent of the board or division, of the identity of any self-excluded
13 person.
14 E. A person who is prohibited from any gaming establishment participating
15 in any gaming activity by any provision of this Title or pursuant to any self-
16 exclusion rules adopted by the board shall not collect in any manner or proceeding
17 any winnings or recover any losses arising as a result of any prohibited gaming
18 activity.
19 F. In any proceeding brought against any licensee, permittee, or casino
20 gaming operator and any employee thereof for a willful violation of the self-
21 exclusion rules of the board, the board may order the forfeiture of any money or
22 thing of value obtained by the licensee, permittee, or the casino gaming operator
23 from any self-excluded person. Any money or thing of value so forfeited shall be
24 deposited into the Compulsive and Problem Gaming Fund established pursuant to
25 R.S. 28:842.
26 * * *
27 J.(1) The board may impose sanctions on a licensee, permittee, or casino
28 gaming operator under this Title, if the licensee, permittee, or casino gaming
29 operator willfully fails to exclude a person placed on the self-exclusion list from
30 the licensed gaming establishment a person placed on the self-exclusion list or
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1 facility or sports wagering platform or from participating in gaming activity.
2 (2) The board may seek revocation or suspension of a license, permit, or
3 casino operating contract if the licensee, permittee, or casino gaming operator
4 engages in a pattern of willful failure to exclude persons placed on the self-
5 exclusion list from the licensed gaming establishment persons placed on the self-
6 exclusion list or facility or sports wagering platform or from participating in
7 gaming activity.
8 * * *
9 L. A licensee, operator, or casino gaming operator conducting gaming
10 pursuant to the provisions of this Title can demonstrate to the board compliance with
11 the education and training provisions of this Section by providing proof of
12 attendance by all employees when they are hired and annually thereafter at one of the
13 following education programs:
14 * * *
15 M. Except for the provisions of Subsection I, the provisions of this Section
16 shall not apply to persons licensed pursuant to the provisions of the Video Draw
17 Poker Devices Control Law as provided in Chapter 8 of this Title unless also
18 licensed pursuant to the provisions of the Louisiana Sports Wagering Act as
19 provided in Chapter 10 of this Title.
20 * * *
21 §627. Promotional play
22 A. Eligible promotional play shall be equal to the amount of dollars directly
23 attributable to promotional play wagers related to sports wagering and actually
24 redeemed by players and patrons.
25 B. Eligible promotional play shall not exceed an amount of five million
26 dollars per calendar year.
27 C. The maximum amount of eligible promotional play provided by this
28 Subsection B of this Section shall apply per licensee.
29 B. Notwithstanding the provisions provided by Subsection A of this Section
30 in the event a licensee pools its wagers with other Louisiana sports wagering
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1 licensees, the maximum amount of eligible promotional play shall apply per pool,
2 and the amount of eligible promotional play per participating licensee shall be
3 allocated in accordance with an agreement among licensees participating in the pool.
4 Pooling and the corresponding agreement among the licensees shall be subject to the
5 approval of the board.
6 C.(1) In no event shall a pool stack eligible promotional play of participating
7 licensees to exceed the maximum amount provided by Subsection A of this Section.
8 (2) D.(1) In no event shall a licensee claim eligible promotional play from
9 more than one sports wagering platform in a calendar year.
10 (2) Notwithstanding Paragraph (1) of this Subsection, on and after
11 January 1, 2023, a licensee may allocate, by contract, all or a portion of its
12 eligible promotional play to its contracted sports wagering platform provider.
13 In no event shall the combined eligible promotional play claimed by a sports
14 wagering licensee and its contracted sports wagering platform provider exceed
15 the total maximum amount of eligible promotional play per licensee as provided
16 in this Section.
17 E. If a sports wagering platform provider contracts with more than one
18 sports wagering licensee, it may not claim more than the maximum amount of
19 eligible promotional play per licensee as provided in this Section in any calendar
20 year, regardless of the amount allocated to it by multiple sports wagering
21 licensees.
22 §628. Sports Wagering Local Allocation Fund
23 * * *
24 B. Monies in the fund shall be remitted monthly, by proportionate
25 distribution, to each parish governing authority in which the taxable conduct
26 pursuant to R.S. 27:625 occurred. The distribution shall be proportionate to the
27 population percentage of each parish that approved a proposition to allow
28 sports wagering compared to the total population of such parishes based on the
29 latest federal decennial census.
30 Section 2. This Act shall become effective on July 1, 2022; if vetoed by the governor
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1 and subsequently approved by the legislature, this Act shall become effective on the day
2 following such approval by the legislature or July 1, 2022, whichever is later.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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