UNOFFICIAL BILL

ENROLLED

1st Extraordinary Session, 1996

HOUSE BILL NO. 2

BY REPRESENTATIVES WINDHORST, DOWNER, BRUNEAU, ACKAL, R. ALEXANDER, BARTON, CLARKSON, DEVILLE, DIEZ, DIMOS, DONELON, DUPRE, FAUCHEUX, FLAVIN, FORSTER, FRITH, FRUGE, GAUTREAUX, HAMMETT, HEATON, HEBERT, HILL, HOPKINS, JOHNS, KENNARD, KENNEY, LANCASTER, LONG, MARTINY, MCDONALD, MCMAINS, POWELL, RIDDLE, ROUSSELLE, SCHNEIDER, JACK SMITH, JOHN SMITH, STELLY, STRAIN, THERIOT, THEUNISSEN, THOMPSON, TOOMY, TRAVIS, TRICHE, VITTER, WINSTON, AND WRIGHT AND SENATORS CRAVINS AND SCHEDLER

A JOINT RESOLUTION

Proposing to add Article XII, Section 6(C) of the Constitution of Louisiana, to require elections in localities before new forms of gaming, gambling, or wagering may be conducted therein or before existing forms of gaming, gambling, or wagering may be conducted in new areas; to authorize the legislature to enact local or special laws for the holding and conducting of elections on propositions relating to allowing or prohibiting one or more forms of gaming, gambling, or wagering therein; to provide for elections on riverboat gaming, gambling, or wagering propositions; to provide for submission of the proposed amendment to the electors; and to provide for related matters.

Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members elected to each house concurring, that there shall be submitted to the electors of the state of Louisiana, for their approval or rejection in the manner provided by law, a proposal to add Article XII, Section 6(C) of the Constitution of Louisiana, to read as follows:

6. Lotteries; Gaming, Gambling, or Wagering Section 6.

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(C) Gaming, Gambling, or Wagering Referendum Elections.

(1)(a) No law authorizing a new form of gaming, gambling, or wagering not specifically authorized by law prior to the effective date of this Paragraph shall be effective nor shall such gaming, gambling, or wagering be licensed or permitted to be conducted in a parish unless a referendum election on a proposition to allow such gaming, gambling, or wagering is held in the parish and the proposition is approved by a majority of those voting thereon.

(b) No form of gaming, gambling, or wagering authorized by law on the effective date hereof shall be licensed or permitted to be conducted in a parish in which it was not heretofore being conducted, except licensed charitable gaming which may be conducted in any parish provided it is conducted in compliance with the law, pursuant to a state license or permit unless a referendum election on a proposition to allow such gaming, gambling, or wagering is held in the parish and the proposition is approved by a majority of those voting thereon.

(2) No new license or permit shall be issued for the conducting of riverboat gaming, gambling, or wagering operations or activities at a berth or docking facility in a parish in which such gaming, gambling, or wagering is then being conducted, unless a referendum election on a proposition to allow such additional gaming, gambling, or wagering operations or activities has been held in the parish and the proposition has been approved by a majority of those voting thereon. In addition, no license or permit regardless of when issued shall be reissued, amended, or replaced to authorize the holder to conduct riverboat gaming, gambling, or wagering operations or activities at a berth or docking facility different from that authorized in the license or permit, unless a referendum election on a proposition to allow such gaming, gambling, or wagering operations or activities has been held in the parish in which the proposed berth or docking facility is located and the proposition has been approved by a majority of those voting thereon.

(3) The legislature may at any time repeal statutes authorizing gaming, gambling, or wagering.

(4) Notwithstanding Article III, Section 12, or any other provision of this constitution, the legislature by local or special law may provide for elections on propositions relating to allowing or prohibiting one or more forms of gaming, gambling, or wagering authorized by legislative act.

Section 2. Be it further resolved that this proposed amendment shall be submitted to the electors of the state of Louisiana at the congressional primary election to be held in 1996 and to become effective on the date the governor proclaims its adoption by a majority of the electors.

Section 3. Be it further resolved that on the official ballot to be used at said election there shall be printed a proposition, upon which the electors of the state shall be permitted to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall read as follows:

To require local elections and voter approval before any new forms of gaming, gambling, or wagering may be conducted, before existing forms of gaming, gambling, or wagering may be conducted in a new parish, and before additional riverboat gaming, gambling, or wagering or riverboat gaming, gambling, or wagering at a different docking facility may be conducted in a parish where it exists, and to authorize the legislature to enact local election laws for the purpose of allowing local referendum elections on gaming, gambling, or wagering. (Adds Article XII, Section 6(C))

Section 4. The provisions of this proposed amendment shall be effective only if the proposed amendment of Article XII, Section 6 of the Constitution of Louisiana contained in the Act which originated as House Bill No. 1 of this 1996 First Extraordinary Session of the Legislature is not adopted.