2023 Regular Session ENROLLED SENATE BILL NO. 189 BY SENATOR JACKSON AND REPRESENTATIVES WILFORD CARTER, FISHER, GADBERRY, GAINES, GREEN, JORDAN, LARVADAIN, MARCELLE, NEWELL AND PIERRE Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. 1 AN ACT 2 To amend and reenact R.S. 4:724(J) and to enact R.S. 4:724(L), (M), and (N), relative to 3 electronic or video bingo; to provide for operation of machines by a licensed 4 distributor if certain criteria are met; to provide for authorized locations; to provide 5 for an effective date; and to provide for related matters. 6 Be it enacted by the Legislature of Louisiana: 7 Section 1. R.S. 4:724(J) is hereby amended and reenacted and R.S. 4:724(L), (M), 8 and (N), are hereby enacted to read as follows: 9 ยง724. Use of electronic or video bingo games 10 * * * 11 J.(1) Any license or permit that was issued to any location for the use of 12 electronic bingo machines on or before June 30, 2022, is a bona fide and valid 13 license and permit under Louisiana law. 14 (2) Any license or permit that was issued to any distributor for the use 15 of electronic video bingo machines on or before June 30, 2022, is a bona fide and 16 valid license and permit under Louisiana law. 17 Any person who is licensed as a distributor shall be permitted to operate 18 electronic video bingo machines which are not in compliance with the provisions of 19 R.S. 4:724(B)(5) if either of the following occurs: 20 (a) The licensed distributor has purchased or has entered into a lease 21 agreement approved by the office for the total number of electronic video bingo 22 machines to be placed at a specific location and the electronic video bingo machines 23 have been permitted by the office and placed at a location which has been approved 24 by the office on or prior to August 15, 2008; or 25 (b) The licensed distributor has delivered to the office or has sent by certified ACT No. 285 Page 1 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 189 ENROLLED 1 mail an application with the required fees to have electronic video bingo machines 2 permitted, which application has been received, but not approved by the office on or 3 prior to August 15, 2008, and the application includes one of the following: 4 (i) Proof of purchase for the total number of video bingo machines to be 5 placed at a specific location. 6 (ii) A nonrefundable deposit of a minimum of twenty-five percent of the fair 7 market value of the wholesale purchase price of the total number of machines to be 8 placed at a specific location. 9 (iii) A nonrefundable deposit on a lease agreement which is equivalent in 10 value to a minimum of twenty-five percent of the fair market value of the wholesale 11 purchase price of the total number of machines to be placed at a specific location. 12 (2) Electronic video bingo machines authorized by the provisions of this 13 Subsection shall only be placed at one of the following locations: 14 (a) A location which has been approved by the office on or prior to August 15 15, 2008; or 16 (b) A location for which a completed application with the required fees for 17 the licensing to conduct charitable gaming at a specific location has been received 18 by the office on or prior to August 15, 2008. However, locations which have not 19 been approved by the office prior to August 15, 2008, but for which an application 20 has been timely filed as provided by this Subparagraph, shall have received final 21 approval from the office and must be occupied by August 15, 2009, in order to 22 operate electronic video bingo machines which are not in compliance with the 23 provisions of R.S. 4:724(B)(5). 24 (3) The office shall not issue any license or permit to any location or to 25 any distributor for use of electronic bingo machines after June 30, 2022. 26 * * * 27 L. If any location, where electronic or video bingo machines are validly 28 licensed or permitted on or before June 30, 2022, to operate is damaged or 29 destroyed due to an occurrence that is an act of God, natural disaster, force 30 majeure, catastrophic event, action by a governmental body, or a similar Page 2 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 189 ENROLLED 1 occurrence over which the licensee or permittee has no reasonable control, the 2 office may allow electronic or video bingo machines to operate at the same 3 physical location. 4 M.(1) A location that has been licensed to conduct electronic video bingo 5 by the office on or before June 30, 2022, may be sold or transferred to a new 6 owner if the new owner is found suitable to hold a charitable gaming license by 7 the office pursuant to this Chapter. 8 (2) Electronic video bingo machines licensed by the office on or before 9 June 30, 2022, may be sold or transferred to a new owner if the new owner is 10 found suitable to hold a charitable gaming license by the office pursuant to this 11 Chapter. 12 N.(1) Notwithstanding any other law to the contrary, if the office is 13 authorized by law to issue any new license or permit, the office shall not issue 14 any new license or permit after June 30, 2022, that would allow any electronic 15 or video bingo machine to be placed within one mile from any property on the 16 National Register of Historic Places, any public playground, any residential 17 property, or any building used primarily as a church, synagogue, public library, 18 or school. The measurement of the distance shall be a straight line from the 19 nearest point of the intended location for the electronic video bingo machine for 20 which any license or permit is sought to the nearest point of the property on the 21 National Register of Historic Places, the public playground, the residential 22 property, or the building used primarily as a church, synagogue, public library, 23 or school. 24 (2) The provisions of this Paragraph shall not apply to either of the 25 following: 26 (a) Any location that is damaged or destroyed due to an act of God, 27 natural disaster, force majeure, catastrophic event, action by a governmental 28 body, or a similar occurrence over which the licensee or permittee has no 29 control. 30 (b) To any location licensed to conduct electronic video bingo on or Page 3 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 189 ENROLLED 1 before June 30, 2022. 2 (3) For purposes of this Paragraph, "residential property" means any 3 property that is wholly or partly used for or intended to be used for living or 4 sleeping by human occupants and that includes one or more rooms, including 5 a bathroom and complete kitchen facilities. "Residential property" shall include 6 a mobile home or manufactured housing, provided that the mobile home or 7 manufactured housing has been in its present location for at least sixty days. 8 "Residential property" shall not include any hotel or motel. 9 Section 2. This Act shall become effective on July 1, 2023. PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED: Page 4 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.