§ 27:93 — Authorization of local governing authorities; fees; regulation; local option

Louisiana § 27:93

• Jurisdiction: Louisiana
• Title 27: Louisiana Legislature

Text

§93. Authorization of local governing authorities; fees; regulation; local option
A.(1) The local governing authority of the parish or municipality in which the
licensed berth of a riverboat is located may levy an admission fee of up to two and one-half
dollars for each passenger boarding or embarking upon a riverboat, provided that in Bossier
Parish, other than in Bossier City, and Caddo Parish an admission fee of up to three dollars
may be levied. The governing authority of Bossier City, for each riverboat located in Bossier
City in Bossier Parish, shall levy an assessment in the amount of four and five-tenths percent
of the monthly net gaming proceeds as defined in R.S. 27:44 as the admission fee. In St.
Tammany Parish, economic support for drainage and recreation projects and a revenue share
of up to five percent of monthly net gaming proceeds as defined in R.S. 27:44, set forth in
a "Community Agreement" between the riverboat licensee and the St. Tammany Parish
Development District, may serve as the admission fee. For purposes of this Section,
"licensed berth" shall mean the berth, dock, facility, or boarding area from which a riverboat
excursion is authorized to originate by the board or from which a riverboat is authorized by
the board to operate. The authority granted to local governing authorities in Calcasieu Parish
in this Subsection may be assigned to a gaming district established in accordance with R.S.
33:9576.
(2) Funds derived from the admission fee which the local governing authority of the
parishes of Caddo and Bossier or the municipality of Shreveport may levy for each passenger
in accordance with Paragraph (1) of this Subsection, when the riverboat is licensed to operate
within their jurisdiction, shall be allocated as follows:
(a) Eighty percent of the revenues collected within the parish of Bossier, other than
Bossier City, to the governing authority where the boat is located; sixty-nine percent of the
revenues collected within the parish of Caddo to the governing authority where the boat is
located.
(b) Twelve and one-half percent of the revenues collected within the parish of Caddo
to the Caddo Parish Commission.
(c) Four percent of the revenues collected within the parish of Caddo to the Greater
Shreveport Economic Development Foundation.
(d) Twelve and one-half percent of the revenues collected within the parish of Caddo
to the Caddo Educational Excellence Fund, as provided in R.S. 17:408.1.
(e) Five percent of the revenues collected within the parish of Bossier to the Johnny
Gray Youth Shelter.
(f) Fifteen percent of the revenues collected within the parish of Bossier to the
Bossier Parish School Board to be used solely for the use and purpose of the Bossier
Education Excellence Fund, as provided in R.S. 17:408.2.
(g) Two hundred thousand dollars shall be allocated annually for the acquisition of
land, construction, maintenance, and operation of a multicultural center to be located within
the city limits of Shreveport.
(h) Two percent of the revenues collected within the parish of Caddo to the Caddo
Parish Ward II Industrial Development Corporation.
(i) In Bossier Parish, other than Bossier City, if the local governing authority levies
an additional fifty-cent admission fee as authorized by Paragraph (1) of this Subsection, the
funds derived from this additional fee shall be used in their entirety for the parish road fund
and shall be used to provide that Airline Drive from I-220 to the Linton Road Cutoff be made
into a four-lane highway. After this project has been completed, the funds derived from this
additional fee shall be used for general use in the parish road fund.
(3) The municipality where the boat is located shall be reimbursed the expenses of
collecting the fee to be paid in proportion to the percentages received by each entity.
(4) The admission fee which the local governing authority of the parish or
municipality may levy when the riverboat is licensed to operate within the unincorporated
area of Jefferson Parish on the West Bank of the Mississippi River shall be calculated by the
parish council and shall be six percent of the weekly net gaming proceeds of that riverboat.
The first two hundred thousand dollars of these monies shall be allocated for and distributed
to the West Bank Civic and Sports Center for operations of the center. Thereafter, the
proceeds from the remainder of such fees shall be allocated as follows:
(a) Thirty-two percent to the parish governing authority of Jefferson Parish which
shall be expended solely within the unincorporated areas of Jefferson Parish on the West
Bank of the Mississippi River or within any incorporated area on the West Bank of the
Mississippi River on any property, building, or facility owned by Jefferson Parish for the
purposes of providing emergency services, drainage, or flood protection. Of this amount, a
one time expenditure not to exceed one million dollars shall be authorized to provide for
construction, repairs, or rehabilitation of storm-damaged properties for the towns of Grand
Isle and Lafitte.
(b) Twenty-nine percent to the city of Gretna.
(c) Twenty-nine percent to the city of Westwego.
(d) Five percent to the town of Lafitte.
(e) Five percent to the town of Grand Isle.
(5) In St. Bernard Parish, the admission fees for passengers authorized by Paragraph
(1) of this Subsection and levied by the parish shall be allocated as follows:
(a) Fifteen percent to the parish governing authority.
(b) Fifteen percent to the parish school board.
(c) Fifteen percent to the parish sheriff.
(d) The remaining fifty-five percent, on the anniversary date of the opening of the
riverboat, to the parish governing authority, parish school board, or the parish sheriff, or any
combination thereof, based upon a majority vote of the governing authority, school board,
and sheriff, each having one vote thereon, to be used only for capital expenditures of critical
need as determined by the recipient.
(6) In Calcasieu Parish, in lieu of the admission fees authorized by the provisions of
Paragraphs (1) and (10) of this Subsection, the governing authority of the location of the
berthing facility may levy a fee not to exceed four and five-tenths percent of the monthly net
gaming proceeds from each riverboat located within the jurisdiction of that governing
authority; however, this rate may not exceed four and five-tenths percent in the aggregate in
those situations in which the site of the riverboat berthing facility is located in the
jurisdiction of more than one local governing authority. The amount of the fee shall be
established by contract between the governing authority and the riverboat licensee. In setting
the fee, the governing authority may take into account the capital investment of the riverboat
licensee in developing the berthing facility site including but not limited to hotels,
convention facilities, and other recreational improvements. In addition to the levy of the fee
as provided in this Paragraph, the parties may contract to establish a minimum annual fee and
for the payment of additional amounts to cover infrastructure and other public services;
accordingly, the establishment of a minimum fee or the payment of additional amounts shall
not be considered when computing the effective rate of the levy of the fee authorized in this
Paragraph. Funds derived from the assessment of the monthly net gaming proceeds shall be
allocated as follows:
(a) One sixth of the amount collected pursuant to the provisions of this Paragraph
shall be distributed as follows:
(i) Sixty percent to the Calcasieu Parish School Board.
(ii) Thirty percent to McNeese State University.
(iii) Ten percent to Sowela Technical Institute.
(b) The remaining proceeds of the amount collected shall be retained by the
governing authority for any expenditure authorized by law.
(c) The governing authority is hereby expressly authorized to enter into a cooperative
endeavor agreement with other political subdivisions of the state located in Calcasieu Parish
to facilitate the development of a riverboat berthing location in that parish to accomplish the
purposes of this Chapter. The agreement may also provide that the parties thereto may share
in the proceeds from the fee retained by the governing authority; however, the maximum rate
of the fee shall not exceed four and five-tenths percent in the aggregate.
(d) The Calcasieu Parish School Board, McNeese State University, and Sowela
Technical Institute shall annually prepare a report no later than February first which shall
include the total amount of gaming proceeds received pursuant to Subparagraph (a) of this
Paragraph. The report shall be distributed to the members of the legislative delegation no
later than February fifteenth of each year. The report shall also include the following:
(i) An itemized statement for each expenditure from the total amount of gaming
proceeds received by the Calcasieu Parish School Board, McNeese State University, and
Sowela Technical Institute.
(ii) The cumulative total amount of gaming proceeds received by the Calcasieu
Parish School Board, McNeese State University, and Sowela Technical Institute from the
parish and not expended or distributed by the Calcasieu Parish School Board, McNeese State
University, and Sowela Technical Institute.
(7) The admission fee which the governing authority of Bossier City shall levy for
any riverboat located within Bossier City in Bossier Parish shall be four and five-tenths
percent of the monthly net gaming proceeds from each riverboat. The funds derived from
the assessment of the monthly net gaming proceeds shall be allocated as follows:
(a) Two and ninety-five hundredths percent of the monthly net gaming proceeds to
the city of Bossier City.
(b) Sixty-three hundredths percent of the monthly net gaming proceeds to the parish
road fund for four-laning Airline Drive and after this project has been completed the funds
derived from this fee shall be used for general use by the parish road fund.
(c) Fifty-six hundredths percent of the monthly net gaming proceeds to the Bossier
Educational Excellence Fund, as provided for in R.S. 17:408.2.
(d) Twenty hundredths percent of the monthly net gaming proceeds to the Bossier
Parish sheriff's office.
(e) Four hundredths percent of the monthly net gaming proceeds to the Johnny Gray
Jones Youth Shelter.
(f) Twelve hundredths percent of the monthly net gaming proceeds to the Greater
Bossier Economic Development Foundation.
(8) The governing authority of Jefferson Parish may use the revenue allocated by
Subparagraph (4)(a) of this Subsection for the purpose of constructing, restoring, and
maintaining levees in the unincorporated areas of Jefferson Parish on the West Bank of the
Mississippi River. If the parish governing authority uses those revenues for those purposes,
it may contract with the governing authority of the West Jefferson Levee District for the
performance of the work on the levees.
(9) The authority granted to local governing authorities in Calcasieu Parish in
Paragraph (6) of this Subsection may be assigned to a gaming district established in
accordance with R.S. 33:9576.
(10) In addition to any other authority provided in this Section, the governing
authority of Calcasieu Parish may levy an additional admission fee of fifty cents for each
passenger boarding or embarking upon a riverboat. Funds derived from this additional fee
shall be distributed as follows:
(a) Sixty percent to the Calcasieu Parish School Board.
(b) Thirty percent to McNeese State University.
(c) Ten percent to Sowela Technical Institute.
(11) In East Baton Rouge Parish, in lieu of the admission fee authorized by the
provisions of Paragraph (1) of this Subsection, the governing authority of the location of the
berthing facility may levy a fee not to exceed four and five-tenths percent of the monthly net
gaming proceeds from each riverboat located within the jurisdiction of that governing
authority. The amount of the fee shall be established by contract between the governing
authority and the riverboat licensee.
B. Other than to levy the admission fee, or the assessment of the monthly net gaming
proceeds by the governing authority of Bossier City in Bossier Parish, authorized by
Subsection A of this Section, no local governing authority may license or regulate the
operation of riverboats and the gaming operations conducted thereon.
C.(1)(a) Upon petition of twenty-five percent of the registered voters in a
municipality or parish, the local governing authority shall call an election to determine if the
licensed berth of a riverboat shall be prohibited in that municipality or parish. Any qualified
elector desiring an election on this issue shall sign a petition addressed to the governing
authority of the subdivision in which he resides, and in substantially the following form:
The undersigned qualified electors respectfully request that you call an election to
submit, in the manner provided by law, to the qualified electors of the ____________ of
_____________, the following proposition:
'Shall a riverboat, upon which gaming activities are authorized, be prohibited to berth
in ________.
Yes ________ No __________'"
(b) The qualified elector shall then sign the petition in the manner provided herein:
"Signature
Address
Date signed
Signature of Witness"
(c) If the petition consists of more than one page, it shall be bound together as one
and presented to the registrar of voters within sixty days from the date of the first signature.
The registrar shall certify as to the authenticity of each signature on the petition and shall
certify to the governing authority the number of valid signatures and the number of invalid
signatures. If a sufficient number of valid signatures are on the petition, the governing
authority shall call the election as provided by law.
(2) All local option elections addressing the issue of riverboat gaming shall be held
not later than March 15, 1992, and the results certified to the secretary of state not later than
April 1, 1992.
(3) Should a parish reject riverboat gaming, this rejection shall not affect a licensed
riverboat's right of passage on a river designated in this Chapter, from passage through that
parish.
(4) Unless otherwise prohibited as provided in this Chapter, riverboats on which
gaming is conducted shall be authorized as provided in this Chapter.
NOTE: In Subparagraph (A)(2)(g) the allocation of two hundred thousand dollars
beyond the allocated percentages in Subparas. (A)(2)(a) to (f) and (h), is as it appears
in the enrolled bill.

Legislative History

Acts 1991, No. 753, §1, eff. July 18, 1991; Acts 1993, No. 405, §1; Acts 1993, No. 572, §1, eff. June 14, 1993; Acts 1994, 3rd Ex. Sess., No. 31, §1; Acts 1995, No. 195, §1, eff. July 1, 1995; Acts 1995, No. 743, §1; Acts 1995, No. 1311, §1. Redesignated from R.S. 4:552 by Acts 1996, 1st Ex. Sess., No. 7, §3, eff. May 1, 1996; Acts 1997, No. 1086, §1; Acts 1999, No. 1386, §1; Acts 2003, No. 1222, §1; Acts 2005, No. 18, §1; Acts 2005, No. 242, §1; Acts 2007, No. 171, §1; Acts 2007, No. 185, §1, eff. June 27, 2007; Acts 2007, No. 236, §1; Acts 2009, No. 109, §1, eff. June 19, 2009; Acts 2011, 1st Ex. Sess., No. 19, §1; Acts 2012, No. 711, §1; Acts 2021, No. 362, §2, eff. June 15, 2021; Acts 2023, No. 10, §1.