ENROLLED
ACT No. 328
2019 Regular Session
HOUSE BILL NO. 385
BY REPRESENTATIVE SCHEXNAYDER
1 AN ACT
2 To amend and reenact R.S. 4:183(B) and to enact R.S. 3:2438.1, relative to purse
3 distribution; to provide definitions; to provide for donations; to provide for
4 thoroughbred race meetings; to provide for underpayment; to provide for quarter
5 horse race meetings; to make technical changes; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 3:2438.1 is hereby enacted to read as follows:
8 §2438.1. Horse aftercare; definition
9 "Horse aftercare" means the providing for the retraining or retiring of
10 thoroughbreds and quarter horses that have participated at licensed race tracks in
11 Louisiana.
12 Section 2. R.S. 4:183(B) is hereby amended and reenacted to read as follows:
13 §183. Contracts between licensees and permittees licensed to race horses at race
14 meetings conducted in the state
15 * * *
16 B.(1) Monies due as purses to persons licensed to race horses at race
17 meetings conducted in the state as a result of conditions outlined in Subsection A of
18 this Section and the monies due to the Horsemen's Benevolent and Protective
19 Association pursuant to the provisions of Subparagraph (A)(4)(b) of this Section
20 shall be allocated and distributed during the race meeting at which earned, including
21 any donations by the association for horse aftercare as defined in R.S. 3:2438.1.
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1 (1)(2) In the event the amount distributed as purses is more than the amount
2 required by R.S. 4:183(A) Subsection A of this Section, the overpayment shall be
3 carried forward to the next race meeting conducted by the same association. It shall
4 be carried on the association books as an asset.
5 (2)(3) In the event the amount distributed as purses to persons licensed to
6 race horses at thoroughbred race meetings conducted in the state is less than the
7 amount required by R.S. 4:183(A) this Section, and more than an amount equal to
8 two times the average daily purse distribution at the thoroughbred race meeting at
9 which generated, it shall be delivered to the Horsemen's Benevolent and Protective
10 Association for further distribution to persons having earned monies during the
11 meeting, in the direct proportion that the underpayment is to the monies earned by
12 that person at that meeting. In the event the underpayment is less than an amount
13 equal to two times the average daily purse distribution at that meeting, it shall be
14 retained by the association in an interest bearing account to be used for purses at the
15 next thoroughbred meeting conducted by that association. Interest earned on the
16 account shall be added to the purse paid over and above the amount required to be
17 paid as purses by R.S. 4:183(A) this Section.
18 (3) Notwithstanding the provisions of Paragraph (2) of this Subsection, the
19 provisions of this Paragraph shall apply only to thoroughbred race meetings at any
20 facility subject to the provisions of R.S. 27:372.1(A). For such facilities, in the event
21 the amount distributed as purses to persons licensed to race horses at thoroughbred
22 race meetings conducted in the state is less than the amount required by Subsection
23 A of this Section, and more than an amount equal to two times the average daily
24 purse distribution at the race meeting at which such amount is generated, it shall be
25 delivered to the Horsemen's Benevolent and Protective Association for further
26 distribution to persons having earned monies during the meeting, in the direct
27 proportion that the underpayment is to the monies earned by that person at that
28 meeting. In the event the underpayment is less than an amount equal to two times
29 the average daily purse distribution at that meeting, it shall be retained by the
30 association in an interest-bearing account to be used for purses at the next
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1 thoroughbred race meeting conducted by that association. Interest earned on the
2 account shall be added to the purse paid over and above the amount required to be
3 paid as purses by Subsection A of this Section.
4 (4) In the event the amount distributed as purses to persons licensed to race
5 horses at quarter horse race meetings conducted in the state is less than the amount
6 required by this Section and more than an amount equal to two times the average
7 daily purse distribution at the quarter horse race meeting at which generated, it shall
8 be delivered to the Horsemen's Benevolent and Protective Association for further
9 distribution to persons having earned monies during the meeting, in the direct
10 proportion that the underpayment is to the monies earned by that person at that
11 meeting. In the event the underpayment is less than an amount equal to two times
12 the average daily purse distribution at that meeting, it shall be retained by the
13 association in an interest bearing account to be used for purses at the next quarter
14 horse meeting conducted by that association. Interest earned on the account shall be
15 added to the purse paid over and above the amount required to be paid as purses by
16 this Section.
17 (4)(5) For the purposes of this Subsection, "average daily purse distribution"
18 means all sources of funds available for use as a purse or purse supplement that are
19 required by law to be distributed during a race meeting.
20 * * *
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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