Program E: Gaming
Program Authorization: R.S. 27:1 et seq. (the Louisiana Gaming Control Board); Act 7 of the First Extraordinary Session of 1996; Act 888 of 1990 and Act 817 of 1993 (Indian gaming); R.S. 4:141 et seq.(the La. State Racing Commission); R.S. 33:4861.1 et seq. (the Division of Charitable Gaming Control, Office of State Police); and R.S.47:9001 et seq. (the Louisiana Lottery Corporation)
PROGRAM DESCRIPTION
The mission of the Gaming Program (organizationally expressed as the Gaming Division) is to serve the Louisiana Gaming Control Board and other client agencies in a manner that creates a regulatory atmosphere for licensed gaming and instills public confidence and trust that gaming activities are conducted honestly and are free from criminal and corruptive elements; to ensure the integrity of individual gaming entities by the regulation of persons, practices, associations, and activities within the gaming industry; and to anticipate and support necessary corrective rulemaking and legislation.
The goals of the Gaming Program are:
1. Provide superior legal and professional services to the State of Louisiana.
2. Improve cooperative working relationships with federal, state, and local agencies and private sector organizations.
The Gaming Program has responsibilities related to: Louisiana Gaming Control Board, Riverboat and Video Poker, Louisiana Lottery Corporation, State Racing Commission, Charitable Gaming, Land-based Casino, and Indian Gaming.
- Louisiana Gaming Control Board: The Gaming Program provides representation, legal advice, and counsel to the Louisiana Gaming Control in areas of land-based casino, riverboat, video poker gaming, and gaming on Indian lands.
- Riverboat and Video Poker: The Gaming Program provides legal advice and representation to the Louisiana Gaming Control Board (LGCB) and Louisiana State Police (LSP) in all areas of gaming regulation, including licensing, enforcement, and rulemaking as well as prosecuting administrative actions, including denials of applications, suspensions, revocations, and civil penalties. The Gaming Program assists in the review of files and applications; represents the board and the LSP in judicial appeals of administrative actions; and defends the board and the LSP in other civil litigation related to gaming.
- Louisiana Lottery Corporation (LLC): The Gaming Program attends meetings of the Louisiana Lottery Corporation, providing legal advice and counsel on an as-needed basis to the LLC on wide ranging issues concerning operation of the lottery in accordance with the statutory provisions. The Gaming Program participates in the review of requests for proposals issued by the lottery for the solicitation of services to the LLC and provides legal defense in certain matters instituted against the LLC.
- State Racing Commission: The Gaming Program provides legal representation and counsel to the Louisiana State Racing Commission in all matters regarding the regulation of the horse racing industry, pari-mutual wagering and off-track wagering. The Gaming Program prosecutes administrative actions on behalf of the commission and defends the commission in all civil litigation to which it is a party.
- Charitable Gaming: The Gaming Program provides legal advice and representation to the Louisiana State Police (LSP) in all areas of gaming regulation, including licensing, enforcement, and rulemaking as well as prosecuting administrative actions, including denials of applications, suspensions, revocations, and civil penalties. The Gaming Program assists in the review of files and applications; represents the LSP in judicial appeals of administrative actions; and defends the LSP in other civil litigation related to gaming.
- Land-based Casino: The Gaming Program provides legal advice and representation to the Louisiana Gaming Control Board and the Louisiana State Police (LSP) in all areas of gaming regulation, including licensing, enforcement, and rulemaking as well as prosecuting administrative actions, including denials of applications, suspensions, revocations, and civil penalties. The Gaming Program assists in the review of files and applications; represents the board and the LSP in judicial appeals of administrative actions; and defends the board and the LSP in other civil litigation related to gaming. The program also assists in the negotiation and redrafting of a new casino operating agreement with the casino gaming operator.
- Indian Gaming: The Gaming Program advises the Louisiana Gaming Control Board on matters of Indian gaming and Indian law. The program provides legal counsel to the Louisiana State Police Indian Casino Gaming Division; handles all reviews of the denial, suspension, and revocation of state certification to work for or do business with Indian casinos; and serves as a resource for numerous state agencies for information on Indian gaming and Indian law.
OBJECTIVES AND PERFORMANCE INDICATORS
Unless otherwise indicated, all objectives are to be accomplished during or by the end of FY 1999-2000. Performance indicators are made up of two parts: name and value. The indicator name describes what is being measured. The indicator value is the numeric value or level achieved within a given measurement period. For budgeting purposes, performance indicator values are shown for the prior fiscal year, the current fiscal year, and alternative funding scenarios (continuation budget level and Executive Budget recommendation level) for the ensuing fiscal year (the fiscal year of the budget document).
RESOURCE ALLOCATION FOR THE PROGRAM
SOURCE OF FUNDING
This program is funded with Interagency Transfers and Fees and Self-generated Revenues. Interagency Transfers are derived from various state agencies for investigative and legal services as pertaining to gaming industry. Fees and Self-generated Revenues are derived from the Louisiana Lottery Corporation.
ANALYSIS OF RECOMMENDATION
|
GENERAL FUND |
TOTAL |
T.O. |
|
DESCRIPTION |
|
|
|
|
|
|
|
$0 |
$5,033,551 |
58 |
|
ACT 19 FISCAL YEAR 1998-1999 |
|
|
|
|
|
|
|
|
|
|
|
BA-7 TRANSACTIONS: |
|
$0 |
$11,510 |
0 |
|
Carry forward BA-7 for legal services rendered but not billed prior to August, 1998 |
|
|
|
|
|
|
|
$0 |
$5,045,061 |
58 |
|
EXISTING OPERATING BUDGET – November 20, 1998 |
|
|
|
|
|
|
|
$0 |
$92,898 |
0 |
|
Unclassified State Employees Merit Increases for FY 1999 – 2000 |
|
$0 |
$160,500 |
0 |
|
Acquisitions and Major Repairs |
|
$0 |
($160,500) |
0 |
|
Nonrecurring Acquisitions and Major Repairs |
|
$0 |
($11,510) |
0 |
|
Nonrecurring carry forward for legal services |
|
$0 |
($61,312) |
0 |
|
Attrition Adjustment |
|
$0 |
$17,100 |
0 |
|
Other Adjustments – Related Benefits adjustment |
|
$0 |
($231,000) |
|
|
Other Adjustments – Elimination of funding for the Hearing Officer Section which will be paid directly by the La. Gaming Control Board |
|
|
|
|
|
|
|
$0 |
$4,851,237 |
58 |
|
TOTAL RECOMMENDED |
|
|
|
|
|
|
|
$0 |
($193,824) |
0 |
|
DIFFERENCE (TOTAL RECOMMENDED AND EXISTING OPERATING BUDGET) |
The total means of financing for this program is recommended at 96.2% of the existing operating budget. It represents 100.7% of the total request ($4,816,916) for this program. The net decrease is primarily due to the elimination of funding for the Hearing Office section, which will be paid directly by the Gaming Control Board.
PROFESSIONAL SERVICES
|
$682,422 |
|
Legal services costs for expert witnesses, taking depositions, and other legal expenses |
|
|
|
|
|
$682,422 |
|
TOTAL PROFESSIONAL SERVICES |
OTHER CHARGES
|
$35,239 |
|
Legal services for court reporters, travel of witnesses, court costs, etc. |
|
|
|
|
|
$35,239 |
|
TOTAL OTHER CHARGES |
ACQUISITIONS AND MAJOR REPAIRS
|
$42,650 |
|
Library Reference Materials replacements |
|
$110,900 |
|
Replacement computer equipment |
|
$22,000 |
|
Replacement Office Furniture/equipment |
|
|
|
|
|
$175,550 |
|
TOTAL ACQUISITIONS AND MAJOR REPAIRS |
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