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Regular Session, 2010
HOUSE BILL NO. 779
BY REPRESENTATIVE PEARSON
RACING: Provides relative to the Horsemen's Benevolent Program Association
AN ACT1
To amend and reenact R.S. 4:141(A)(introductory paragraph) and (B), 183(A), 185(B) and2
(C), 217(D)(1)(d), 251(B)(2) and (C), 251.1(B), and 252 and R.S. 27:318(B)(4) and3
(C) and 361(B)(4)(a) and to enact R.S. 42:1124.2.1(A)(4), relative to horsemen; to4
transfer payment of certain racing and gaming proceeds from the Horsemen's5
Benevolent and Protective Association to the state general fund; to eliminate certain6
requirements regarding the horsemen's workers' compensation and pension7
programs; to provide for administration and utilization of funds in the Horsemen's8
Bookkeeper Account; to clarify the public nature of funds and the authority of the9
legislative auditor relative to those funds received and expended by the association;10
to provide certain financial disclosure of members of the Horsemen's Benevolent and11
Protective Association; and to provide for related matters.12
Be it enacted by the Legislature of Louisiana:13
Section 1. R.S. 4:141(A)(introductory paragraph) and (B) are hereby amended and14
reenacted to read as follows: 15
§141. Legislative intent and policy16
A. It is the policy of the state of Louisiana in furtherance of its responsibility17
to provide revenues for the operation of state government for its people, to18
acknowledge and declare that the providing of funds and financial assistance to19
licensed horse racing tracks, jockeys, pony persons, owners, trainers, and others in20 HLS 10RS-786 ORIGINAL
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the racing industry in the state of Louisiana constitutes an authorized public function1
and purpose of the state of Louisiana, to encourage forceful and honest statewide2
control of horse racing for the public health, safety, and welfare by safeguarding the3
people of this state against corrupt, incompetent, dishonest, and unprincipled horse4
racing practices:5
* * *6
B. This Chapter is an exercise of the police powers of the state to promote7
the public health, safety, and welfare and, as such, the funds and financial assistance8
provided by any provision of this Chapter are deemed to be public for purposes of9
regulation, use, auditing standards, review, and oversight.10
Section 2. R.S. 4:183(A) and 185(B) and (C) are hereby amended and reenacted to11
read as follows: 12
§183. Contracts between licensees and permittees licensed to race horses at race13
meetings conducted in the state14
A.(1) The monies to be distributed by a licensee as purses to permittees15
licensed to race horses in Louisiana and the monies to be distributed by a licensee16
to the Horsemen's Benevolent and Protective Association for the use and benefit of17
such permittees, their employees, and others, for hospital, and medical, worker's18
compensation, and pension benefits and for the administrative expenses in providing19
these benefits shall be and include:20
(1) An an amount to be not less than fifty percent of a licensee's commission21
of the gross pari-mutuel handle retained by it from each race at a licensed race22
meeting in this state as provided by this Chapter, after all fees required by law have23
been deducted,. plus24
(2) The Monies to be distributed by a licensee as purses to permittees25
licensed to race horses in Louisiana shall be and include the total amount earned by26
a licensee for purse supplements under R.S. 4:217 since the completion of its27
previous meeting as of the first day of the race meeting covered by this Subsection,28
plus29 HLS 10RS-786 ORIGINAL
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(3) The the total amount earned by a licensee for purse supplements under1
R.S. 4:217 during the race meeting covered by this Subsection.2
(4)(3) The total of Paragraphs (1), (2), and (3) Paragraph (1) shall be3
allocated by the licensee in not less than the following percentages thereof:4
(a) Ninety-six percent thereof to such permittees as purses.5
(b) Four percent thereof to the Horsemen's Benevolent and Protective6
Association for the use and benefit of such permittees, their employees, and others7
as medical and hospital hospital, medical, worker's compensation, and pension8
benefits with an amount not to exceed thirty twelve percent aforesaid of the9
commissions and amounts received by the Horsemen's Benevolent and Protective10
Association to be used for administrative expenses and other costs necessary to11
provide the these benefits.12
(c) The total of the revenues received by the Horsemen's Benevolent and13
Protective Association under the provisions of Subparagraph (b) of this Paragraph,14
together with all expenditures made therefrom, shall be published and reported15
quarterly by it to horsemen actively racing in the state.16
* * *17
§185. Horsemen's bookkeeper18
* * *19
B.(1) Each association conducting a race meeting shall provide a separate20
office for the Horsemen's Bookkeeper who shall keep a separate bank account for the21
horsemen's monies to be known as the "Horsemen's Bookkeeper Account".22
(2) At all times the Horsemen's Bookkeeper Account shall have on deposit23
funds sufficient to cover all monies due to horsemen with regard to daily purses,24
jockey fees, stakes, handicaps, rewards, claims, deposits, monies, if any, for25
horsemen's medical and hospital hospital, medical, worker's compensation, and26
pension benefit programs, National Thoroughbred Racing Association, Inc., dues,27
and pony lead fees.28 HLS 10RS-786 ORIGINAL
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(3) Except for interest earned on the investment of monies in the Horsemen's1
Bookkeeper Account and that portion of a pony lead fee as hereby authorized and2
assessed by the representative of horsemen in the state to provide retirement benefits3
to horsemen and to pay its administrative and operating costs, withdrawals from the4
account shall be only for those purposes provided in Paragraph (2) of this5
Subsection.6
(4) The interest earned on the investment of monies in the Horsemen's7
Bookkeeper Account and that portion of a pony lead fee as provided for in Paragraph8
(3) of this Subsection shall be collected by the Horsemen's Bookkeeper and paid, in9
due course, to the authorized representative of horsemen.10
(5) After first paying the expenses and other charges necessary to operate the11
offices of the Horsemen's Bookkeeper, the interest earned on the investment of12
monies in the Horsemen's Bookkeeper Account by the authorized representative of13
horsemen shall be used by it for the benefit of horsemen racing in the state.14
C. All monies in the possession of or payable to or from the Horsemen's15
Benevolent and Protective Association or any fund, trust, or other account of this16
association, including hospital, medical, workers' compensation, pension,17
administrative, and reserve accounts The account shall at all times be in the18
Horsemen's Bookkeeper Account and subject to audit by the legislative auditor or19
by a certified public accountant approved by the legislative auditor, the expenses of20
such audit to be paid by the Horsemen's Benevolent and Protective Association.21
Section 3. R.S. 4:217(D)(1)(d) is hereby amended and reenacted to read as follows:22
§217. Purse supplements; designation and distribution23
* * *24
D.(1) Notwithstanding any other provision of law to the contrary, the monies25
designated for purses under the provisions of R.S. 4:216(C) from wagers placed at26
offtrack wagering facilities on special accredited Louisiana bred maiden races as27
defined in R.S. 4:184 shall be accounted for separately and shall be distributed as28
follows:29 HLS 10RS-786 ORIGINAL
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(a) Fifteen and ten hundredths percent shall be distributed to the Louisiana1
Thoroughbred Breeders Association for breeder awards in accordance with a2
distribution formula established by the executive committee of that organization.3
(b) Forty-one and forty-five hundredths percent shall be distributed to the4
host track for purse supplements for the special accredited Louisiana maiden5
thoroughbred races held at that track.6
(c) Forty-one and forty-five hundredths percent shall be distributed to the7
tracks owned by the licensee(s) of the offtrack wagering facility where the wagers8
are made for purse supplements for the special accredited Louisiana bred maiden9
thoroughbred races held at their respective tracks.10
(d) Two percent shall be distributed to the Horsemen's Benevolent and11
Protective Association for the use and benefit of such persons and other horsemen12
as medical and hospital benefits with an amount not to exceed thirty percent thereof13
to be used for administrative expenses and other costs necessary to provide the14
benefits deposited to the credit of the state general fund.15
* * *16
Section 4. R.S. 4:251(B)(2) and (C), 251.1(B), and 252 are hereby amended and17
reenacted to read as follows:18
§251. Horsemen's Workers' Compensation Insurance Program; legislative findings;19
authority20
* * *21
B. Notwithstanding any other law, the Horsemen's Benevolent and Protective22
Association, pursuant to R.S. 4:179.1, a statutorily authorized representative of23
horsemen, is hereby authorized and empowered, in addition to any and all other24
existing powers it may have, to do the following:25
* * *26
(2) To administer the insurance program as a part of its corporate activity or27
to carry out the insurance program through one or more other entities which may28
include a trust established under the law of Louisiana , all activities of which shall29 HLS 10RS-786 ORIGINAL
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take place in the state of Louisiana and all financial activities associated therewith1
shall be handled exclusively through the Horsemen's Bookkeeper Account2
established pursuant to R.S. 4:185.3
* * *4
C. The insurance program authorized in this Part shall be subject to Part IV5
of Chapter 7, Chapter 8, and Chapter 12 of Title 22 of the Louisiana Revised Statutes6
of 1950. An annual audited financial statement shall be filed with the commissioner7
of insurance. The In addition to the Legislative Auditor, the commissioner of8
insurance shall also have the authority to examine the books, records, and affairs of9
the Horsemen's Workers' Compensation Insurance Program.10
§251.1. Horsemen's Self-Help Pension Program; legislative findings; authority11
* * *12
B. Notwithstanding any other law to the contrary, the Horsemen's13
Benevolent and Protective Association, pursuant to R.S. 4:179.1, may perform the14
following activities:15
(1) Of the purses and purse supplements authorized for use by the16
Horsemen's Benevolent and Protective Association in this Part for the Horsemen's17
Benevolent and Protective Association's workers compensation insurance program,18
pursuant to R.S. 4:252(C)(5), the Horsemen's Benevolent and Protective Association19
may utilize up to one-half of that authorized two percent of the total amount of20
purses and purse supplements available for purses for any race meet establish,21
operate, and administer a pension program for the purpose of providing pensions and22
related benefits to members of the Horsemen's Benevolent and Protective23
Association and to utilize funds in the Horsemen's Bookkeeper Account for the24
improvement and administration of the Horsemen's Self-Help Pension Program25
without the limitations and conditions established for the Horsemen's Benevolent and26
Protective Association's workers compensation insurance program but with the27
limitations expressly established in Paragraphs (2) and (3) of this Subsection for the28
Horsemen's Self-Help Pension Program.29 HLS 10RS-786 ORIGINAL
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(2) In utilizing the monies authorized hereby for improving and1
administering the Horsemen's Self-Help Pension Program, not more than seventy-2
five percent shall be used to directly improve pension benefits and the remainder3
shall be placed for investment in the pension program's trust fund for the purpose of4
helping to ensure the long-term integrity of said pension trust fund and to help5
provide that the said trust fund becomes self-sustaining.6
(3) Notwithstanding any provision of law to the contrary, the total amount7
of purses and purse supplements that may be used by the Horsemen's Benevolent and8
Protective Association for the Horsemen's Benevolent and Protective Association's9
workers compensation insurance program and the Horsemen's Self-Help Pension10
Program combined may not exceed two percent of the total amount of purses and11
purse supplements available for purses for any race meet.12
(4) If the two percent revenue from purses and purse supplements presently13
being utilized by the Horsemen's Benevolent and Protective Association's workers14
compensation insurance program cease or is interrupted for any reason whatsoever,15
then the authority for the Horsemen's Benevolent and Protective Association to16
utilize up to one percent of purses and purse supplements for improvement and17
administration of the Horsemen's Self-Help Pension Program shall continue until18
such time as the two percent revenue from purses and purse supplements is again19
utilized by such workers compensation program.20
(5) All funds derived from the two percent revenue from purses and purse21
supplements presently being utilized by the Horsemen's Benevolent and Protective22
Association for the Horsemen's Self-Help Pension Program and the Horsemen's23
Benevolent and Protective Association's workers compensation insurance program24
following August 15, 2008, shall be utilized without the limitations and conditions25
previously established which are related to limits and repayments of such fund to26
purses, however, same are specifically limited to no more than two percent of the27
total amount of purses and purse supplements available for purses for any race meet.28 HLS 10RS-786 ORIGINAL
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§252. Implementation of the insurance program; certificate of coverage1
A. The Horsemen's Benevolent and Protective Association is encouraged to2
immediately and diligently seek to secure and provide workers' compensation3
insurance coverage and related benefits from an insurance company authorized to do4
business in this state, for the benefit of trainers and others licensed by the Louisiana5
State Racing Commission.6
B. For the purpose of securing and providing workers' compensation7
insurance coverage and related benefits at reasonable rates, the Horsemen's8
Benevolent and Protective Association may utilize assets, revenues and revenue9
sources received by or due to it for the benefit of horsemen by creating a reserve10
fund, the proceeds of which must be deposited in an account in the state of Louisiana11
and subject to audit by the Legislative Auditor. These assets, revenues and revenue12
sources may be used or pledged as security for use in creating the fund. However;13
however, the total sum of such revenues used shall not exceed six million dollars.14
Use of monies in and expenditures from the reserve fund shall be solely for the15
purposes of establishing, operating and administering the insurance program16
authorized in this Part.17
C. At the time that the workers' compensation insurance coverage and related18
benefits program as authorized in this Part is available through the Horsemen's19
Benevolent and Protective Association for the benefit of trainers, owners, and others20
licensed by the Louisiana State Racing Commission, the following conditions shall21
apply:22
(1) In addition to all other requirements for a trainer's license, each applicant23
for a trainer's license shall furnish to the Louisiana State Racing Commission, prior24
to being licensed, a certificate of workers' compensation insurance coverage issued25
by the Horsemen's Benevolent and Protective Association or its authorized insurer26
indicating the following:27
(a) That workers' compensation insurance coverage is in full force and effect28
for the employees of the applicant; or29 HLS 10RS-786 ORIGINAL
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(b) That the applicant applied for workers' compensation insurance coverage1
but was declined for good cause.2
(2) If the certificate of workers' compensation insurance coverage indicates3
that the trainer applied for the coverage under the insurance program authorized in4
this Part, but was declined for good cause, then that trainer shall provide a certificate5
of workers' compensation insurance coverage and related benefits from another6
insurance company authorized to do business in this state or otherwise acceptable to7
the Louisiana State Racing Commission.8
(3) No racing association in this state shall admit any trainer into its racing9
facilities prior to obtaining from the trainer a certificate of workers' compensation10
insurance coverage issued by the Horsemen's Benevolent and Protective Association11
or its authorized insurer. This certificate shall indicate that workers' compensation12
insurance coverage is in full force and effect for the employees of the trainer. If the13
certificate of workers' compensation insurance coverage indicates that the trainer14
applied for coverage under the insurance program authorized in this Part but was15
declined for good cause, then that trainer shall provide a certificate of workers'16
compensation insurance coverage and related benefits from another insurance17
company authorized to do business in this state or otherwise acceptable to the racing18
association, which acceptance shall not be unreasonably withheld by the racing19
association.20
(4) All racing associations in this state are encouraged to cooperate with the21
Horsemen's Benevolent and Protective Association in the implementation of the22
insurance program authorized in this Part. Upon written request by the Horsemen's23
Benevolent and Protective Association, racing associations shall promptly transfer24
to the Horsemen's Benevolent and Protective Association those monies, including25
purses and purse supplements, held by the racing associations for the benefit of the26
horsemen and the Horsemen's Benevolent and Protective Association. This written27
request shall indicate that the purposes of the requested transfer are the28 HLS 10RS-786 ORIGINAL
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establishment, operation or administration of the insurance program authorized in1
this Part.2
(5) The total amount of purses and purse supplements authorized for use by3
the Horsemen's Benevolent and Protective Association for establishment, operation4
or administration of the insurance program authorized in this Part shall not exceed5
two percent of the total amount of purses and purse supplements available for purses6
for any race meet.7
Section 5. R.S. 27:318(B)(4) and (C) is hereby amended and reenacted to read as8
follows:9
§318. Distribution of device revenues; particular licensed establishments; pari-10
mutuel wagering facilities11
* * *12
B. Revenues earned for purse supplements under Subsection A shall be13
disbursed, accounted for, and used as follows:14
* * *15
(4) Four percent of all monies earned or authorized in accordance with the16
provisions of this Section for purse supplements shall be paid the authorized17
representative of the horsemen for the use and benefit of such persons and other18
horsemen as medical and hospital benefits shall be deposited to the credit of the state19
general fund. However, provisions of this Paragraph shall not apply if provisions of20
R.S. 4:183 as currently in effect require such a deduction from monies earned for21
purse supplements under this Section, and provisions of this Paragraph would result22
in duplication of designated funds for hospitalization for Horsemen.23
C. The division shall require all contracts between licensed device owners,24
operators, or service entities and owners of licensed establishments offering pari-25
mutuel wagering to be in writing and submitted to the division within ten days of26
signing. The division shall promulgate rules and regulations necessary to require27 HLS 10RS-786 ORIGINAL
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correct reporting and timely use of those funds designated for use as horsemen's1
purses.2
* * *3
Section 6. R.S. 27:361(B)(4)(a) is hereby amended and reenacted to read as follows:4
§361. Conduct of slot machine gaming; temporary conduct5
* * *6
B. As a condition of licensing and to maintain continued authority for the7
conduct of slot machine gaming at the licensed eligible facility, the owner of the8
licensed eligible facility shall:9
* * *10
(4) Contribute to the support of pari-mutuel wagering facilities in the state11
at large and the horse breeding industry by paying annually from the annual net slot12
machine proceeds received from slot machine gaming operations at the licensed13
eligible facility as provided in this Paragraph:14
(a) The licensed eligible facility shall pay a fixed percentage of fifteen15
percent of the annual net slot machine proceeds received from slot machine gaming16
operations at the licensed eligible facility to supplement purses as follows:17
(i) Seventy percent to supplement purses for thoroughbred races at that18
facility or any facility licensed by the Louisiana State Racing Commission to conduct19
additional or substitute races or race days as authorized by R.S. 4:147.1, thirty20
percent of which shall be for Louisiana-bred thoroughbred horses. Four percent of21
this amount shall go to the Horsemen's Benevolent and Protective Association in22
accordance with law be deposited to the credit of the state general fund.23
(ii) Thirty percent to supplement purses for quarter horse races at that facility24
or any facility licensed by the Louisiana State Racing Commission to conduct25
additional or substitute races or race days as authorized by R.S. 4:147.1, sixty26
percent of which shall be for Louisiana-bred quarter horses. Four percent of this27 HLS 10RS-786 ORIGINAL
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amount shall go to the Horsemen's Benevolent and Protective Association in1
accordance with law be deposited to the credit of the state general fund.2
* * *3
Section 7. R.S. 42:1124.2.1(A)(4) is hereby enacted to read as follows: 4
§1124.2.1. Financial disclosure; members of boards and commissions5
A. Each of the following, except a person who is required to file a financial6
statement pursuant to R.S. 42:1124 or 1124.2, shall annually file a financial7
statement as provided in this Section:8
* * *9
(4) Each member of the Horsemen's Benevolent and Protective Association.10
* * *11
Section 8. This Act shall become effective on July 1, 2010; if vetoed by the governor12
and subsequently approved by the legislature, this Act shall become effective on July 1,13
2010, or on the day following such approval by the legislature, whichever is later.14
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Pearson HB No. 779
Abstract: Retains pari-mutuel monies payable to the HBPA but redirects OTB, video
poker, and slot monies from the HBPA to the state general fund, and provides
numerous administrative and regulatory changes.
The Horsemen's Benevolent and Protective Association (HBPA) is the statutorily designated
and recognized representative of horsemen racing on Louisiana tracks, and the HBPA is
charged with the duty of negotiating contracts for the horsemen relative to purses,
hospitalization, medical benefits, conditions, and all other matters of interest and concern
to horsemen. Proposed law retains this provision of present law.
Section 1. Public policy
Present law provides that it is the policy of the state, in furtherance of its responsibility to
provide revenues for the operation of state government for its people, to provide funds and
financial assistance to licensed horse racing tracks. Proposed law retains present law and
formalizes that financial assistance currently being provided to jockeys, pony persons,
owners, trainers, and others in the racing industry also serves a public purpose. Proposed
law further provides that such funds and financial assistance are deemed to be public funds
for purposes of regulation, use, auditing standards, review, and oversight. HLS 10RS-786 ORIGINAL
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Section 2. Pari-mutuel horse racing
Present law requires a minimum of 50% of a licensee's commission of the gross pari-mutuel
handle retained by the licensee from each race (and a portion of purse supplements from
offtrack wagering, which portion will be further discussed in Section 3) be distributed as
follows: 96% to the permittees as purses and 4% to the HBPA for medical and hospital
benefits. Proposed law retains present law with respect to pari-mutuel and offtrack monies
directed to the permittees as purses. Proposed law retains the 4% of the pari-mutuel monies
directed to the HBPA. Proposed law further provides that out of that 4%, the HBPA can
provide workers' compensation and pension benefits in addition to medical and hospital
benefits.
Section 3. Offtrack wagering.
Proposed law retains present law with the exception of the 2% of offtrack monies designated
for purses. Instead of that 2% going to the HBPA, proposed law redirects that money to the
state general fund.
Section 4. Horsemen's Workers' Compensation Insurance Program and the
Horsemen's Self-Help Pension Program.
Present law authorizes such worker's compensation and pension programs and funds such
programs out of the 2% of offtrack monies directed to the HBPA. Present law further details
how the funds are to be divided between these programs and administered and requires each
horseman and trainer to produce a certificate of workers' compensation insurance coverage
issued by the HBPA prior to licensure or admittance into a racing facility. Proposed law
retains the authorization of the HBPA to provide workers' compensation and pension
programs without regard to the 2% and repeals all the other provisions and requirements.
Section 5. Video draw poker devices at pari-mutuel wagering facilities.
Present law requires that, out of 20% of the net video draw poker device revenue derived
from operation of such devices at pari-mutuel wagering facilities, 4% shall be paid to
horsemen for medical and hospital benefits. Furthermore, there may also be an additional
2% of the 20% of the net video draw poker device revenue being paid to the HBPA.
Proposed law redirects that 4% to the state general fund and if there is an additional 2%
being paid to the HBPA, this amount is also redirected to the state general fund.
Section 6. Slot machines at racing facilities.
Present law, with respect to thoroughbred races, requires that out of 15% of the net slot
machine proceeds derived from operation of such devices at racing facilities that 4% of 70%
of purse supplements be paid to the HBPA. Furthermore, there may also be an additional
2% of the 70% of thoroughbred purse supplements being paid to the HBPA. Proposed law
redirects this 4% to the state general fund and if there is an additional 2% being paid to the
HBPA, this amount is also redirected to the state general fund. Present law, with respect to
quarter horse races, requires that out of 15% of the net slot machine proceeds derived from
operation of such devices at racing facilities that 4% of 30% of purse supplements be paid
to the HBPA. Furthermore, there may also be an additional 2% of the 30% of quarter horse
purse supplements being paid to the HBPA. Proposed law redirects this 4% to the state
general fund and if there is an additional 2% being paid to the HBPA, this amount is also
redirected to the state general fund.
Section 7. Financial disclosure.
Present law requires, among others, that every member of a board or commission that has
the authority to expend, disburse, or invest $10,000 or more of funds in a fiscal year file an HLS 10RS-786 ORIGINAL
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annual financial statement with the Board of Ethics. Proposed law specifically subjects each
member of the HBPA to this disclosure requirement.
Additionally, proposed law eliminates all requirements and restrictions relative to the
amount of proceeds that must be dedicated to and the administration of each of the benefit
programs: health, hospital, workers' compensation, and pension; proposed law reduces from
30% to 12% the amount of revenue that can be used to pay administrative and other
expenses; and, proposed law clarifies that all monies in the possession of or payable to or
from the HBPA must be accounted for in the Horsemen's Bookkeeper Account which is
subject to legislative audit.
Effective July 1, 2010.
(Amends R.S. 4:141(A)(intro. para.) and (B), 183(A), 185(B) and (C), 217(D)(1)(d),
251(B)(2) and (C), 251.1(B), and 252 and R.S. 27:318(B)(4) and (C) and 361(B)(4)(a); Adds
R.S. 42:1124.2.1(A)(4))