Legislative roundup: Lawmakers make plans for sports gambling revenue

Sports gambling is on its way to Louisiana, and legislators have a plan to divvy up the tax money.
Sen. Rick Ward, a Republican from Port Allen, passed a bill through the Senate with a 33-3 vote. Ward’s measure, Senate Bill 142, will work hand-in-hand with the final legislative rules for sports wagering that are still to be determined.
“I don’t know when the first deposits would happen,” said Ward. “There’s a provisional license to let this start as early as the fall.”
Ward added amendments to the bill during the floor meeting detailing just how the money will be distributed:
The bill states that the Education Fund is not to exceed over $10 million in payout from gambling revenue on real sports events. Fantasy sports wagering, a separate type of betting that should be operational in the state before fall, will deposit all of its funds into early education.
The 55 parishes that approved sports wagering in 2020 will see some of the money return to them. Ten percent of what the state collects will be separated and given to parishes proportionately to the taxes pulled in.
The bill creates a fund to invest in comprehensive treatment facilities for individuals with gambling problems. The state treasurer will have control over the fund.
A question was raised on the floor by Sen. Jay Morris, R-West Monroe, who later voted in favor of the bill, asking Ward why racing associations were getting money.
Ward appeased Morris by showing what a low number 1% is. Ward responded with a hypothetical situation of the state collecting $5 million in one year and giving the commission $500,000, which satisfied Morris.
The money taken in by the commission will be used to supplement the cash prizes for horse racing in the state. The 1% is divided into thirds, with 2/3 going to Louisiana Thoroughbred Breeders Association and the remainder going to the Louisiana Quarter Horse Breeder Association.
The remaining funds will be entered into the general fund for the state’s use.
The Senators who opposed the bill are Mike Fesi, R-Houma; Karen Peterson, D-New Orleans; and Glen Womack, R-Baton Rouge.

Tax relief
for women
Three bills that focus on tax relief for women moved through a Senate committee Wednesday.
The Senate Revenue and Fiscal Affairs Committee advanced the bills, which had already been approved by the House. The bills now head to the Senate floor.
HB 7, by Rep. Aimee Freeman, D-New Orleans, would end state sales tax on feminine hygiene products and diapers for adults and children. Freeman has labeled the bill as “ending the pink tax,” as the financial burden of buying these products disproportionately affects women.
Lift Louisiana, a women’s advocacy group, supported the bill, noting that Louisiana leads the nation in single-family households led by women. The group called the taxation of these products “an unnecessary and immoral financial burden.”
The bill is now in its fifth year in the legislature. It was originally carried by former Sen. J.P. Morrell, D-New Orleans. The bill has support from groups on both sides of the aisle, including the Feminist Majority of Louisiana and Louisiana Right to Life.
“I believe this is part of healthcare for women and children, especially for those who live on a very tight budget,” said Freeman.

Police
immunity
A bill that would limit the legal immunity for Louisiana police officers who use excessive force failed to pass through a Senate judiciary committee Tuesday.
Rep. Edmond Jordan, D-Baton Rouge, authored HB 609, which would give civil judges a list of factors to determine whether a law officer had used force reasonably.
The bill had passed the House 53-42, but was thwarted in the Senate Judiciary B Committee, 4-2. The bill had the support of the Louisiana Sheriffs’ Association and was part of a broader package of changes in policing that had been recommended by a bipartisan task force.
Several police officers spoke Tuesday against the measure.
“I’m simply not going to work without qualified immunity,” said Michael Carter, the Shreveport Police Officers Association president. “I don’t make enough money to pay malpractice insurance. Doctors do.”
Qualified immunity was created to shield government officials from being held personally liable for violating the Constitution. The law dates back to the late 1960s and was meant to protect officials from lawsuits related to their job duties.
Jordan, an attorney, detailed how difficult it is to charge a police officer for unreasonable conduct. He told the committee that once a suit is filed against a police officer, the defense will automatically ask for qualified immunity. Then a judge will have to decide if the conduct is unreasonable or unconstitutional. For judges to disqualify the exemption, they have to find a case with matching facts.
To show how improbable this is, Jordan talked about a pregnant woman in Seattle who was tased three times and was forced to lie on her stomach during a traffic stop. The court declared the officers’ actions to be unconstitutional, but because there was never a case that showed that tasing a pregnant woman was a violation, the officers were exonerated.
“Qualified immunity has almost become absolute immunity,” said Jordan.
In his closing argument, Jordan spoke of the bodycam footage of Ronald Greene that the Associated Press recently released. Green, 49, was beaten by Louisiana State Police officers and killed during a 2019 arrest outside of Monroe.
“It just stayed with me that these officers could know they had a camera on them and lie, not only to the family but lie on the police report,” said Jordan. “The level of oppression and exhaustion that we as African Americans feel in this state, I don’t know how else to make you empathize with that.”
The state troopers responsible for Greene’s death initially told his family he died after crashing his vehicle into a tree as he fled from being pulled over.
The Senate committee also advanced a bill that would allow citizens over 21 years of age to carry a concealed handgun without a permit or training.