Requires the attorney general to regulate sweepstakes promotions and provides certain requirements and procedures. (8/1/12)
Impact
The introduction of SB 389 is expected to significantly impact the legal landscape governing promotional contests. It seeks to standardize how sweepstakes are conducted, providing specific guidelines on how winners should be notified. For example, winners can be revealed through various means, including printed lists or direct communication. This regulation aims to protect consumers from potential fraud or deceptive practices associated with sweepstakes, enhancing accountability in advertising and promotions.
Summary
Senate Bill 389 aims to regulate sweepstakes promotions within the state of Louisiana. By enacting new statutes under R.S. 51:1726 and 1727, the bill establishes a framework for the oversight of sweepstakes, ensuring that promotions are conducted fairly and transparently. The attorney general's office is designated as the regulatory body, tasked with enforcing compliance among entities conducting sweepstakes. Key definitions related to contests and games have been outlined to clarify what falls under the purview of this legislation.
Sentiment
The sentiment surrounding SB 389 appears to be generally supportive among legislators, as evidenced by the unanimous vote in favor of the bill in the Senate, with 37 votes for and none against it. The legislation is positioned as a necessary measure to address the growing concerns related to the integrity of sweepstakes promotions, indicating a shared belief in the importance of having robust legal protections for participants. However, as with any regulatory proposal, there may be dissent from those who view additional regulations as cumbersome or unnecessary.
Contention
While SB 389 primarily focuses on a regulatory framework, potential points of contention may arise from the definition of what constitutes a sweepstakes promotion and the involvement of the attorney general's office in overseeing these activities. Concerns could be raised regarding the balance between consumer protection and the operational freedoms of businesses that conduct sweepstakes, especially those that may have been operating without stringent regulatory oversight. Stakeholder feedback during future discussions will likely illuminate these aspects.
The gaming commission, gaming stamp requirements, and the attorney general's regulation of gaming; to provide a penalty; and to provide an appropriation.
In preliminary provisions, further providing for definitions; in games of chance, further providing for prize limits and for sales limited, providing for pull-tab deals, further providing for distributor licenses, for registration of manufacturers, for regulations of department and for licensing of eligible organizations; in club licensees, further providing for distribution of proceeds; and, in enforcement, further providing for revocation of licenses and providing for other penalties and for licensed eligible organizations subject to audit by Auditor General.
In preliminary provisions, further providing for definitions; in games of chance, further providing for prize limits and for sales limited, providing for pull-tab deals, further providing for distributor licenses, for registration of manufacturers, for regulations of department and for licensing of eligible organizations; in club licensees, further providing for distribution of proceeds; and, in enforcement, further providing for revocation of licenses and providing for other penalties.
Requests the attorney general to review applicable gaming laws and make a report to the Senate Committee on Judiciary B on the legality of "Internet sweepstakes".