Could Richwood rely on its 1991 vote to open an off-track betting facility?

Plain-English summary

In 2005, the Louisiana Attorney General concluded that Richwood could not rely on its 1991 off-track wagering referendum alone to establish a facility. The town's voters had approved the proposition, but the AG stated that off-track betting had never actually been conducted there. Later constitutional and statutory provisions required a new local referendum for wagering not conducted in the parish by October 15, 1996, and a specific act of the legislature authorizing the election.

The opinion separated a general rule about legislation from the referendum question. It said a statute remained law absent amendment, deletion, or irreconcilable implied repeal, but the later wagering provisions nonetheless controlled the procedure Richwood would have to follow. It also pointed to La. R.S. 4:214 for other eligibility and procedural requirements.

Currency note

This opinion was issued in 2005. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did Richwood's 1991 referendum remain enough to open an off-track betting site? A: No. Because wagering had not been conducted there, the AG said the later constitutional and statutory rules required a new referendum procedure.

When did the opinion require a new local vote? A: It stated that a local referendum was needed where off-track wagering had not been conducted in the parish on or before October 15, 1996.

Could the local government call that referendum on its own? A: Under the rule the AG identified as effective July 15, 1997, the election required an act of the legislature specifically authorizing it.

Did the opinion say the old 1991 legislation had simply disappeared? A: No. It said a law was impliedly repealed only by contrary or irreconcilable later provisions; the later gaming rules governed whether Richwood could use the earlier vote for the proposed facility.

Background and legal framework

Mayor Edward Harris asked whether a 1991 municipal vote authorizing off-track wagering remained effective and whether there was a deadline to implement it. The AG quoted La. Const. art. XII, § 6(C)(1)(b), which required voter approval for a form of wagering not previously conducted in a parish, and La. R.S. 18:1300.22(A), which said the required election “may be called only by an enactment of the legislature” specifically authorizing it. Applying those changes to the unused Richwood vote, it concluded that a new election and legislative authorization were needed. The opinion also cited La. R.S. 4:214 for eligibility, criteria, and procedure.

Citations

• La. Const. art. XII, § 6(C)(1)(b) (wagering referendum requirement quoted in the opinion).
• La. R.S. 18:1300.22(A) (legislative authorization requirement quoted in the opinion).
• La. R.S. 4:214 (additional eligibility and procedure cited by the AG).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0019

Original opinion text

September 8, 2005
OPINION 05-0019
15-A CONSTITUTIONAL LAW
33 ELECTIONS – Local Gaming Referenda 48 GAMBLING – Lotteries, Bingo, Chance, Promotional Schemes

1) A law is impliedly repealed only when a new law contains provisions contrary to, or irreconcilable with those of the former law;

2) In accordance with La. Const. art XII, § 6(C)(1)(b), where off track wagering has not been conducted in a parish on or before October 15, 1996, a local referendum election must be called in order to allow such wagering in that parish; and

3) Pursuant to La. R.S. 18:1300.22, as of July 15, 1997, an act of the legislature is necessary to authorize a parish to
Mr. Edward L. Harris
conduct a referendum election on a proposition to allow the
establishment of an off track wagering facility where off-track
Mayor, Town of Richwood
wagering had not been conducted on or before October 15,
5130 Brown Road
1996.

Richwood, Louisiana 71202-7004

Dear Mayor Harris:

This office is in receipt of your request for an opinion of the Attorney General regarding R.S. 4:217 and 4:227 relative to off-track wagering. You state that it is your understanding that House Bill 1296 of 1990 amended and reenacted prior statutes, R.S. 4:412(A)(1)(2) and (B) and 218(A)(1) and (B), and enacted R.S. 4:217 (B)(2)(E) and 227. As a result of these amendments, on January 19, 1991 the town of Richwood approved a local referendum to allow the establishment of an off-track wagering facility.

Your questions as I understand them are essentially:

1. When a bill receives passage during a regular legislative session does that bill remain law until amended or deleted for some reason?

2. When a public referendum election is held to allow the establishment of off-track wagering in a municipality and the majority of voters in that respective city approves it, do the results of said election remain valid until or unless another election of the same is held?

3. After said measure is approved by the voters of the municipality, is there a time limit on implementation of the approved measure?

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Page 2

Mr. Edward L. Harris
Opinion 05-0019
Page 2 of 4

In response to your first question as to whether a bill that received passage during a regular legislative session remains law until amended or deleted for some reason, we must conclude it remains the law. As previously stated to you in Atty. Gen. Op. 02-0323, “[T]here is a presumption against implied repeal of legislation, based on the theory that the legislature envisions the whole body of the law when it enacts new legislation. * * * A law is impliedly repealed only when a new law contains provisions contrary to, or irreconcilable with those of the former law.”

In response to your second and third questions we refer to pertinent parts of La. Const. art. XII, § 6(C), . La. R.S. 18:1300.22(A), and Atty. Gen. Op. 02-0323.

La. Const. art. XII, § 6(C)(1)(b), effective October 15, 1996, provides:

(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.
[Emphasis ours]

Article XII, § 6(C)(4) provides:

(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.

La. R.S. 18:1300.22(A), effective July 15, 1997, provides:

A. Notwithstanding any other law to the contrary, except as otherwise permitted in Subsection B of this Section, any election required by Article XII, Section 6(C) of the Constitution of Louisiana may be called only by an enactment of the legislature which specifically authorized each such election.

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Page 3

Mr. Edward L. Harris
Opinion 05-0019
Page 3 of 4

The above provisions mandate the current procedures which must be followed before a new form of wagering is allowed in a parish where the wagering activity had not previously been conducted. The results of the January 1991 referendum election in Richwood have been superceded by these latest expressions of legislative intent because, although the referendum was held and off-track betting authorized, no off-track betting has ever been conducted in Richwood. As set forth in Atty. Gen. Op. 02-0323, since off-track wagering was not conducted in the Town of Richwood, Quachita Parish, on or before October 15, 1996, then a new referendum must held and it must comply with the provisions of La. Const. art. XII, section 6(C)(1)(b). Further, as of July 15, 1997, the effective date of La. R.S. 18:1300.22, this referendum election can only be called pursuant to an enactment of the legislature which specifically authorizes a parish or municipality within a parish to conduct such an election, to permit the establishment of an off- track wagering facility in the respective parish. The provisions of La. R.S. 4:214 regarding eligibility, criteria and procedure must also be followed.

In conclusion, it is the opinion of this office that:

1) Where off-track wagering has not been conducted in a parish on or before October 15, 1996, a local referendum election must be called in order to allow such wagering in that parish; and

2) As of July 15, 1997, pursuant to La. R.S. 18:1300.22, an act of the legislature is necessary to authorize a parish to conduct this referendum election.

We hope this sufficiently answers your inquiry, but if we can be of further assistance, do not hesitate to contact us.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: _______ Billie Larry-Watkins, Assistant Attorney General Executive Division

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Page 4

OPINION 05-0019

15-A CONSTITUTIONAL LAW
33 ELECTIONS – Local Gaming Referenda
48 GAMBLING – Lotteries, Bingo, Chance, Promotional Schemes

1) A law is impliedly repealed only when a new law contains provisions
contrary to, or irreconcilable with those of the former law;

2) In accordance with La. Const. art XII, § 6(C)(1)(b), where off-track wagering
has not been conducted in a parish on or before October 15, 1996, a local
referendum election must be called in order to allow such wagering in that
parish; and

3) Pursuant to La. R.S. 18:1300.22, as of July 15, 1997, an act of the
Legislature is necessary to authorize a parish to conduct a referendum
election on a proposition to allow the establishment of an off-track wagering
facility where off-track wagering had not been conducted in that parish on or
before October 15, 1996.

Mr. Edward L. Harris
Mayor, Town of Richwood
5130 Brown Road
Richwood, Louisiana 71202-7004

Date Received: ________
Date Released: September 8, 2005

Billie Larry-Watkins, Assistant Attorney General

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