2022 Regular Session ENROLLED
SENATE BILL NO. 272
BY SENATOR CORTEZ
1 AN ACT
2 To amend and reenact R.S. 4:149, 211, 213, 214, and 226(B)(1) and R.S. 27:602(13) and to
3 enact R.S. 4:147(7), 164, 215(D), and 228(H) and R.S. 27:361(E)(3), 393.1,
4 602(18.1), 607(H), and 629, relative to horse racing; to provide for pari-mutuel
5 wagering; to provide relative to offtrack wagering facilities; to authorize pari-mutuel
6 wagering in a sports book lounge of certain licensed entities as offtrack wagering
7 facilities; to require certain agreements or plans of operations; to provide for required
8 terms of the agreement or plan and approval; to provide for requirements and
9 exceptions; to provide relative to restrictions and prohibitions; to provide relative to
10 revenue from slot machines to support horse racing industry; to provide for facility
11 maintenance and improvement funds; to provide for minimum standards and
12 infrastructure investments; and to provide for related matters.
13 Be it enacted by the Legislature of Louisiana:
14 Section 1. R.S. 4:149, 211, 213, 214, and 226(B)(1) are hereby amended and
15 reenacted and R.S. 4:147(7), 164, 215(D), and 228(H) are hereby enacted to read as follows:
16 §147. Specific duties of commission
17 The commission shall carry out the provisions of this Part, including the
18 following specific duties:
19 * * *
20 (7) To make rules and regulations applicable to offtrack wagering facility
21 licensees for pari-mutuel wagering that occurs in a sports book lounge of an
22 entity licensed by the Louisiana Gaming Control Board to conduct sports
23 wagering pursuant to Chapter 10 of Title 27 of the Louisiana Revised Statutes
24 of 1950.
ACT No. 530
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1 * * *
2 §149. Wagering; rules and regulations
3 A. The commission may prescribe rules and regulations under which shall be
4 conducted all horse races upon the results of which there is wagering. The
5 commission shall, as may be necessary, prescribe additional special rules and
6 regulations applicable separately to thoroughbreds and quarter horses. The
7 commission shall make rules governing, permitting, and regulating the wagering on
8 horse races under the form of mutuel wagering by patrons, known as pari-mutuel
9 wagering, whether on live or historical horse races. Only those persons receiving a
10 license from the commission may conduct this type of wagering, and shall restrict
11 this form of wagering to a space within the race meeting grounds or an offtrack
12 wagering facility. All other forms of wagering on the result of horse races are illegal.
13 B. Notwithstanding the space restriction provided in Subsection A of this
14 Section, pari-mutuel wagering on the result of horse races may also be
15 conducted in the sports book lounge of a host entity licensed for sports wagering
16 by the Louisiana Gaming Control Board pursuant to Chapter 10 of Title 27 of
17 the Louisiana Revised Statutes of 1950, if the requirements of this Chapter are
18 met.
19 * * *
20 §164. Facility maintenance and improvement fund
21 A. Each association shall establish and maintain a facility maintenance
22 and improvement fund for the sole purpose of complying with the commission's
23 rules regarding minimum standards and required infrastructure investments.
24 This fund shall be subject to audit by the commission and the legislative auditor.
25 B. For purposes of this Section, the following terms shall have the
26 following meanings:
27 (1) "Gross profits" means the amount of taxable net slot machine
28 proceeds less the amount of state taxes paid.
29 (2) "State tax" means the license tax on taxable net slot machine
30 proceeds as provided in R.S. 27:393.
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1 (3) "Taxable net slot machine proceeds" shall have the same meaning as
2 that term is defined in R.S. 27:353.
3 C.(1) After July 1, 2023, ten percent of gross profits shall be deposited
4 into the fund until such time that all commission-required facility maintenance
5 and improvements have been completed as determined by the commission. Such
6 deposits shall be made at the same time as the state tax is paid.
7 (2) Once the initial facility maintenance and improvements are
8 completed to the satisfaction of the commission, each association shall continue
9 to maintain a minimum fund balance of three million dollars.
10 D.(1) For the purposes of the initial maintenance and improvements, the
11 following deadlines shall apply:
12 (a) The commission shall promulgate rules establishing minimum
13 standards of facilities and infrastructure investments no later than October 1,
14 2022.
15 (b) Each association shall submit a plan for compliance to the
16 commission no later than December 1, 2022.
17 (c) The commission shall approve or specify deficiencies in each
18 association's plan no later than February 1, 2023.
19 (d) Each association shall complete the required maintenance and
20 improvements to its facilities no later than December 31, 2023.
21 (2) Any of the deadlines described in Paragraph (1) of this Subsection
22 may be extended by a majority vote of the membership of the commission for
23 extenuating circumstances including force majeure.
24 (3) Failure of an association to meet deadlines provided in
25 Subparagraphs (1)(b) and (d) of this Subsection shall constitute grounds for just
26 cause for commission action as provided by R.S. 4:152.
27 E.(1) If the commission determines that an association is in compliance
28 with the commission's minimum standards and infrastructure investments, the
29 commission may, by a two-thirds vote of the membership, authorize any of the
30 following:
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1 (a) Exempt an association from maintaining the minimum fund balance
2 required in Subsection C of this Section.
3 (b) Exempt the association from making deposits as required by
4 Subsection C of this Section.
5 (c) Allow the balance of an association's facility maintenance and
6 improvement fund be withdrawn or reduced.
7 (2) Maintaining compliance with the commission's minimum standards
8 and required infrastructure investment is a continuing obligation of each
9 association. By a majority vote, the commission may reconsider a determination
10 of compliance at any time and revoke any exemption or allowance provided in
11 Paragraph (1) of this Subsection for noncompliance.
12 * * *
13 §211. Definitions
14 Unless the context indicates otherwise, the following terms shall have the
15 meaning ascribed to them below:
16 (1) "Audited net profits" means the total commissions retained by an
17 association on pari-mutuel wagers placed at a specific offtrack wagering facility,
18 less breakage, settlements, and taxes applicable to such wagers.
19 (2) "Eligible applicants" means the primary licensee fulfilling the licensure
20 criteria described in this Part.
21 (2)(3) "Exotic wagers" or "exotic wagering pools" include all pari-mutuel
22 pools except the win, place, or show pools conducted at each race meeting in the this
23 state. Examples of exotic wagering pools in common usage are daily double pools,
24 exacta pools, trifecta pools, twin trifecta pools, pick-six pools, and quinella pools.
25 (3)(4) "Host entity" means an entity licensed by the Louisiana Gaming
26 Control Board to conduct sports wagering in its sports book lounge in
27 accordance with Chapter 10 of Title 27 of the Louisiana Revised Statutes of
28 1950; however, it shall not include an entity that is also the holder of a license
29 as defined in R.S. 27:353 and provided for in Chapter 7 of Title 27 of the
30 Louisiana Revised Statutes of 1950.
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1 (5) "Host track" means the Louisiana track at which the race is run.
2 (4)(6) "Net commission" means the commission retained by a licensee on
3 pari-mutuel wagers on historical horse races, less breakage, settlements, and taxes
4 applicable to such wagers.
5 (5)(7) "Offtrack wagering facility" means the licensed and authorized
6 location where offtrack wagers may be accepted.
7 (8) "Offtrack wagering facility licensee" means an association that has
8 been licensed by the Louisiana State Racing Commission to operate an offtrack
9 wagering facility.
10 (6)(9) "Pari-mutuel facility" means any pari-mutuel race track conducting
11 race meetings during the 1986-87 racing season and licensed prior to the effective
12 date of this Part June 30, 1987.
13 (7)(10) "Parish seat" means the facility, courthouse, meeting hall, etc., at
14 which the parish governing authority meets on a regular basis in an official capacity.
15 (8)(11) "Primary licensee" means the licensed association conducting the
16 majority of race days at a pari-mutuel facility.
17 * * *
18 §213. Offtrack wagering facilities; establishment; sports book lounge
19 A. In addition to the rights granted in R.S. 4:149.2, any association licensed
20 by the commission may conduct pari-mutuel wagering and engage in all necessary
21 activities to establish appropriate offtrack wagering facilities to accomplish this
22 purpose. Such activities shall include, but not be limited to:
23 (1) Live simulcast of races from the host track.
24 (2) Historical horse racing on the premises of offtrack wagering facilities via
25 dedicated machines or personal mobile devices.
26 (3) Construction or leasing of offtrack wagering facilities.
27 (4) Sale of goods and beverages.
28 (5) Advertising and promotion.
29 (6) All other related activities.
30 B.(1) In addition to Subsection A of this Section, any association licensed
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1 by the commission may also conduct pari-mutuel wagering and engage in
2 necessary activities to establish appropriate offtrack wagering in a sports book
3 lounge of a host entity, if the sports book lounge of the host entity is
4 geographically located in a parish that has approved, by public referendum, the
5 conduct of pari-mutuel wagering in that parish.
6 (2) The conduct of offtrack wagering in a sports book lounge shall be
7 pursuant to an agreement between the licensed association and the host entity
8 and the agreement shall be subject to approval by the commission and by the
9 Louisiana Gaming Control Board.
10 (3) The commission shall promulgate rules establishing the regulations
11 and conditions for the conduct of offtrack pari-mutuel wagering in a sports
12 book lounge of a host entity. The rules shall require an agreement between the
13 association licensed by the commission and the host entity licensed for sports
14 wagering by the Louisiana Gaming Control Board and its retail sports wagering
15 operator, if applicable. The agreement shall include but not be limited to the
16 following terms:
17 (a) Pari-mutuel wagering shall be restricted to the host entity's retail
18 sports book lounge.
19 (b) Pari-mutuel wagering shall be conducted in accordance with the
20 provisions of this Chapter.
21 (c) All pari-mutuel wagers shall be maintained and accounted separate
22 and distinct from all other sports wagers placed in the sports book lounge.
23 (d) The gaming division of the office of state police shall have access to
24 all files, records, documents, film, tape, including surveillance tape, and any
25 other information and personnel necessary to determine compliance with all
26 gaming laws, rules, and regulations on gaming activities and operations under
27 the commission's jurisdiction or the Louisiana Gaming Control Board's
28 jurisdiction.
29 (e) In consideration for hosting, the offtrack wagering facility licensee
30 shall make compensation payments to the host entity of thirty percent of the
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1 audited net profits on the total amount wagered at its facility. The agreement
2 shall specify the calculation and periodic payments.
3 (f) Unless otherwise provided by law, all commissions and fees and their
4 distribution shall be as provided by this Chapter.
5 C.(1) An offtrack wagering facility licensee that is also the holder of a
6 license, as defined in R.S. 27:353 and provided for in Chapter 7 of Title 27 of the
7 Louisiana Revised Statutes of 1950, may conduct pari-mutuel wagering and
8 engage in necessary activities to establish appropriate offtrack wagering in its
9 retail sports book lounge.
10 (2) The conduct of offtrack wagering in a sports book lounge shall be
11 pursuant to a plan of operation, and the plan shall be subject to approval by the
12 commission and by the Louisiana Gaming Control Board.
13 (3) The commission shall promulgate rules establishing the regulations
14 and conditions for the conduct of offtrack pari-mutuel wagering in a sports
15 book lounge of a holder of a license as defined in R.S. 27:353. The rules shall
16 require the plan of operation to include but not be limited to the following
17 provisions:
18 (a) Pari-mutuel wagering shall be conducted in accordance with the
19 provisions of this Chapter.
20 (b) All pari-mutuel wagers placed in the sports book lounge shall be
21 maintained and accounted separate and distinct from all other sports wagers
22 placed in the sports book lounge.
23 (c) The gaming division of the office of state police shall have access to
24 all files, records, documents, film, tape, including surveillance tape, and any
25 other information and personnel necessary to determine compliance with all
26 gaming laws, rules, and regulations on gaming activities and operations under
27 the commission's jurisdiction or the Louisiana Gaming Control Board's
28 jurisdiction.
29 §214. Offtrack wagering facilities; licensing; criteria; management; appeal of license
30 suspension or revocation; limitation on facilities with historical horse
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1 racing
2 A. License Except for offtrack wagering conducted in a sports book
3 lounge, license approval shall be subject to the criteria established by R.S. 4:159.
4 B. Licensure for all offtrack wagering facilities shall be subject to the
5 following conditions:
6 (1)(a) Only the primary licensee operating at a pari-mutuel facility may apply
7 for a license to operate offtrack wagering facilities in this state and only such
8 primary licensees shall be licensed to operate offtrack wagering facilities under this
9 Part.
10 (b) An association applying for a license to operate an offtrack wagering
11 facility to be located in a sports book lounge shall provide its agreement with the
12 host entity or plan of operation as part of its application.
13 (2)(a)(i) Before a license is granted for an offtrack wagering facility in any
14 parish, the voters of that parish must shall have approved the establishment of such
15 a facility within the parish in a referendum election held for that purpose. The
16 commission shall request a referendum by the governing body of a parish only after
17 receipt of an application for licensure of an offtrack wagering facility in that parish
18 by the eligible applicant as provided in R.S. 4:215.
19 (ii) If the referendum fails to gain voter approval, or if the commission's
20 request to the parish governing authority for a referendum is not granted within six
21 months of such request, then the request therefor is rendered void.
22 (iii) Any request for an offtrack referendum that is pending on the effective
23 date of this Subparagraph before the governing authority of a parish wherein such
24 a referendum has failed to gain voter approval in a prior election shall be rendered
25 void upon that date.
26 (iv) Any request for an offtrack referendum that has been pending before a
27 parish governing authority for six months or more upon the effective date of this
28 Subparagraph shall be rendered void upon that date.
29 (b)(i) After a request by the commission to a parish governing authority for
30 an offtrack referendum is voided for any reason, the original applicant may either:
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1 (aa) Resubmit the application for licensure, and the commission shall submit
2 a new request for an offtrack referendum election to the parish governing authority;
3 or
4 (bb) Submit a new application to the commission for licensure of an offtrack
5 wagering facility in any city, town, or municipality within the parish, and the
6 commission shall request the governing authority of such city, town, or municipality
7 to hold an offtrack referendum election.
8 (ii) If the referendum fails to gain voter approval or if the commission's
9 request for a referendum is not granted within six months of such request, the request
10 therefor is rendered void.
11 (iii) If the offtrack referendum gains voter approval, the commission may
12 license one offtrack wagering facility within the corporation limits of the city, town,
13 or municipality in which the referendum was held. Such license must shall conform
14 to all applicable licensing criteria as provided in this Part.
15 (c)(i) Except as provided in R.S. 4:214(A)(2)(c)(ii) Item (ii) of this
16 Subparagraph, the collection and distribution of license fees as provided in R.S.
17 4:218 shall not be affected by this Paragraph.
18 (ii) Notwithstanding any provision of R.S. 4:218 to the contrary and except
19 for offtrack wagering conducted in a sports book lounge of a host entity, if an
20 off-track offtrack wagering facility is located within the corporate limits of a
21 municipality as a result of a municipal off-track offtrack wagering referendum as
22 provided in this Paragraph, called by the municipal governing authority without the
23 assistance of the parish governing authority, the municipal governing authority may
24 impose a license fee not to exceed two percent of the total amount wagered at that
25 facility, and no license fee shall be imposed by the parish, and the municipality shall
26 retain the total license fees collected; otherwise, distribution of the fees shall be in
27 accordance with R.S. 4:218(B).
28 (3)(a) A license shall not be granted to an offtrack wagering facility to be
29 located within a fifty-five mile radius of a pari-mutuel facility without the prior
30 written permission of the primary licensee of that facility.
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1 (b) Subparagraph (a) of this Paragraph shall not apply to an offtrack
2 wagering facility located in a sports book lounge of a host entity.
3 (4)(a) Not more than two offtrack wagering facilities may be licensed in any
4 parish, except for Orleans and Jefferson.
5 (b) For the purposes of this Paragraph, a pari-mutuel facility as that term is
6 defined in R.S. 4:211 shall not be included in the count of licensed offtrack wagering
7 facilities for the parish in which it is located.
8 (c) For the purposes of this Paragraph, an offtrack wagering facility
9 located in a sports book lounge of an entity licensed pursuant to Chapter 10 of
10 Title 27 of the Louisiana Revised Statutes of 1950, shall not be included in the
11 count of licensed offtrack wagering facilities for the parish in which it is located.
12 (5) Final Except for an offtrack wagering facility located in the sports
13 book lounge, final license approval is subject to local governing authority facility
14 citing requirements.
15 (6) Each Except for an offtrack wagering facility located in the sports
16 book lounge, each offtrack wagering facility shall be specifically designed as an
17 entertainment complex. Maximum allowable attendance at each facility shall be one
18 hundred twenty-five percent of the seating capacity at that facility. At least one area
19 for patrons at each offtrack wagering facility shall be designated as a nonsmoking
20 area.
21 (7) No Except for an offtrack wagering facility located in the sports book
22 lounge of a host entity, no person licensed by the commission pursuant to the
23 provisions of this Chapter who shows proof of licensure upon entering an offtrack
24 wagering facility shall be assessed any fees for admission into the facility.
25 B.C.(1) Licenses granted by the commission shall be valid for a ten-year
26 period. In the event of the sale of the pari-mutuel facility, such license may be
27 transferred and remain valid for the balance of the term of the license. If the
28 conditions of the sale do not include the transfer of the offtrack wagering facility
29 license, such license shall be automatically voided upon the completion of the sale.
30 (2) In the event a primary licensee is granted approval by the Louisiana State
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1 Racing Commission to transfer its live racing dates to another pari-mutuel facility,
2 such primary licensee shall retain all the rights, privileges, and obligations relative
3 to offtrack wagering facilities as provided in this Part as though it remained a
4 primary licensee, as defined in R.S. 4:211(7), in its original location.
5 C.D. License applications shall be accompanied by a good faith deposit of
6 one thousand dollars.
7 D.E. All primary licensees are eligible for licensure at their existing horse
8 racing facilities as offtrack wagering facilities. Such primary licensees shall not be
9 subject to the licensing requirements in R.S. 4:214(A)(2) Paragraph (B)(2) of this
10 Section.
11 E.F. There shall be no penalty for closing a licensed offtrack wagering
12 facility provided the licensee submits written notice to the commission at least thirty
13 days prior to closure. The commission shall notify all eligible applicants of the notice
14 of closure. Ownership of an offtrack wagering facility may be transferred to other
15 eligible applicants subject to all licensing requirements except as provided in R.S.
16 4:214(A)(2) Paragraph (B)(2) of this Section.
17 F.G. Nothing in this Part shall be construed as preventing licensees from
18 jointly owning or contracting for the management of any or all licensed offtrack
19 wagering facilities.
20 G. In no case may H. An offtrack wagering facilities facility shall not accept
21 wagers on races run at any track without a contract with the licensee operating the
22 host track. This contract shall include all terms and conditions for use of races run
23 at the host track by the offtrack wagering facility, including compensation of the host
24 track for such use. This contract shall be filed with the commission. No host track
25 may deny the use of its races by any other offtrack wagering facility in Louisiana
26 under the same terms and conditions.
27 H. In no case shall an I.(1) An offtrack wagering facility shall not allow the
28 admission of any person less than eighteen years old. However, the provisions of this
29 Paragraph shall not apply to any offtrack wagering facility located on the premises
30 of a pari-mutuel facility as defined in R.S. 4:211(5).
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1 (2) An offtrack wagering facility located in a sports book lounge shall not
2 allow the admission of any person less than twenty-one years old.
3 I. In J. Except for an offtrack wagering facility located in the sports book
4 lounge of a host entity, in addition to license fees, each licensee shall pay the fees
5 provided for in this Subsection. Each licensee shall begin paying the fees on the first
6 day of the second year in which the licensee operates the facility. The licensee shall
7 pay to the collector twenty-five cents for each person attending the offtrack wagering
8 facility other than licensed personnel, employees, officials, and working press. These
9 payments shall be made at the conclusion of each calendar week and shall be
10 accompanied by a report under oath showing the total contributions and admissions,
11 and any other information which the commission may require.
12 J.K.(1) Should the commission suspend or revoke the license of a primary
13 licensee, the licensee may, within ten days of the notification of the commission's
14 decision take a suspensive appeal to the district court having jurisdiction over the
15 licensee's offtrack wagering facility. The appeal shall be filed in the district court in
16 the same manner as an original suit is instituted thereon. Each appeal shall be tried
17 de novo. Either party may amend and supplement his pleadings and additional
18 witnesses may be called and heard.
19 (2) Within ten calendar days of the signing of the judgment by the district
20 court in any such appeal case, the commission or the applicant for a license or
21 licensee, as the case may be, may suspensively appeal the judgment to the appellate
22 court of proper jurisdiction. The appeal shall be perfected in the manner provided for
23 in civil cases and shall be suspensive or devolutive in the discretion of the court.
24 (3) All proceedings in the district and appellate courts arising under this Part
25 are civil in nature and shall be heard summarily by the court, without a jury, shall
26 take precedence over other civil cases, and shall be tried in chambers or in open
27 court, and in or out of term.
28 K.L. (1) No primary licensee may operate more than five offtrack wagering
29 facilities in which historical horse racing is permitted.
30 (2) Notwithstanding Paragraph (1) of this Subsection, any primary licensee
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1 that operates more than five offtrack wagering facilities as of July 1, 2021, may
2 conduct historical horse racing at all of its licensed facilities. However, historical
3 horse racing shall not be authorized at any future offtrack wagering facility for that
4 primary licensee if the primary licensee is operating more than five offtrack
5 wagering facilities. If any of the primary licensee's existing licensed offtrack
6 wagering facilities on July 1, 2021, cease to be a licensed offtrack wagering facility
7 for reasons other than force majeure, the number of offtrack wagering facilities
8 allowed to conduct historical horse racing for that primary licensee shall be reduced
9 by the number of its offtrack wagering facilities that cease to be licensed until such
10 time as the primary licensee is reduced to no more than five licensed offtrack
11 wagering facilities allowed to conduct historical horse racing.
12 (3) Each primary licensee or licensed offtrack wagering facility shall not
13 place more than fifty historical horse racing machines into service at any given time.
14 (4) In addition to the requirements of Paragraph (3) of this Subsection, an
15 application from an eligible facility to conduct historical horse racing in Orleans
16 Parish may be approved by the commission only after the Amended and
17 Renegotiated Casino Operating Contract entered into pursuant to R.S. 27:201 et seq.,
18 on October 30, 1998, as amended, is amended to provide that the conducting of
19 historical horse racing at the eligible facility in Orleans Parish shall not constitute an
20 exclusivity violation or prohibited land-based gaming as defined in such contract and
21 such amendment to the contract is approved by the Joint Legislative Committee on
22 the Budget as required by the provisions of Section 3.B of Act No. 1 of the 2001
23 First Extraordinary Session of the Legislature.
24 L. No historical M.(1) Historical horse racing may shall not be conducted
25 via a machine or website or mobile application beyond the property of the pari-
26 mutuel facility or offtrack wagering facility.
27 (2) Historical horse racing shall not be conducted at an offtrack wagering
28 facility located in a sports book lounge.
29 (3) The commission shall promulgate rules relative to the enforcement of this
30 restriction the restrictions provided for in this Subsection.
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1 * * *
2 §215. Offtrack wagering facilities, ownership
3 * * *
4 D. The provisions of this Section shall not apply to an offtrack wagering
5 facility located in the sports book lounge of a host entity.
6 * * *
7 §226. Grounds for denial or termination of license to operate an offtrack wagering
8 facility
9 * * *
10 B. Those things constituting just cause are:
11 (1) Any action by a licensee contrary to the provisions of this Part or an
12 agreement or plan of operation for an offtrack wagering facility located in a
13 sports book lounge.
14 * * *
15 §228. Offtrack wagering facility locations; prohibited distances; prohibited
16 structures
17 * * *
18 H. The provisions of this Section shall not apply to an offtrack wagering
19 facility located in the sports book lounge of a host entity.
20 Section 2. R.S. 27:602(13) is hereby amended and reenacted and R.S. 27:361(E)(3),
21 393.1, 602(18.1), 607(H), and 629 are hereby enacted to read as follows:
22 §361. Conduct of slot machine gaming; temporary conduct
23 * * *
24 E. * * *
25 (3)(a) Notwithstanding Paragraph (1) of this Subsection, upon
26 notification from the Louisiana State Racing Commission that the licensed
27 eligible facility is not in compliance with R.S. 4:164 but is cooperating with the
28 commission and working towards compliance, the board may grant or renew
29 a license for a probationary period not to exceed one year. Barring extenuating
30 circumstances as determined by the board, the probationary period shall not be
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1 extended beyond one year. After the probationary period, the board shall either
2 grant or renew the license pursuant to Paragraph (1) of this Subsection for the
3 remainder of the term or revoke the license.
4 (b) Nothing in Subparagraph (a) of this Paragraph shall prevent the
5 board from denying or revoking a license for reasons other than R.S. 4:164.
6 * * *
7 §393.1. Facility maintenance and improvement fund
8 A. Each licensed eligible facility or licensee shall establish and maintain
9 a facility maintenance and improvement fund as provided in R.S. 4:164 and
10 shall make deposits as required therein.
11 B. The establishment, required deposits, and maintenance of a facility
12 maintenance and improvement fund as well as compliance with the minimum
13 standards and required infrastructure investments as determined by the
14 Louisiana State Racing Commission shall be a condition of licensing and shall
15 be required by the owner of the licensed eligible facility or the licensee to
16 maintain continued authority to conduct slot machines gaming at the licensed
17 eligible facility. The provisions of this Subsection shall be applicable to any new
18 license or the renewal of any existing license issued by the board on and after
19 July 1, 2022.
20 C. Except as provided in R.S. 27:361(E)(3), the board shall not issue a
21 new or renewed license to any eligible facility unless it receives certification
22 from the Louisiana State Racing Commission that the applicant eligible facility
23 is in compliance with the requirements of R.S. 4:164.
24 * * *
25 §602. Definitions
26 For purposes of this Chapter, the following terms shall have the following
27 meanings ascribed to them unless the context clearly indicates otherwise:
28 * * *
29 (13) "Net gaming proceeds" means the amount equal to the total gross
30 revenue of all wagers placed by patrons less the total amount of all winnings paid out
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1 to patrons and the amount of eligible promotional play determined pursuant to R.S.
2 27:627. "Net gaming proceeds" shall not include wagers placed by patrons on
3 racehorse wagering, or winnings paid out to patrons on racehorse wagering.
4 * * *
5 (18.1) "Racehorse wagering" means wagers placed on horse racing
6 conducted under the pari-mutuel form of wagering that are accepted by an
7 offtrack wagering facility licensee as defined in R.S. 4:211 in accordance with
8 the provisions of Chapter 4 of Title 4 of the Louisiana Revised Statutes of 1950,
9 and a board and Louisiana State Racing Commission approved agreement
10 between the licensee and the offtrack wagering facility licensee or a board and
11 Louisiana State Racing Commission approved plan of operation.
12 * * *
13 §607. Operators; sports lounge required; responsibilities; pooling
14 * * *
15 H.(1) A sports wagering licensee and its retail sports wagering operator
16 may contract with an offtrack wagering facility licensee as defined in R.S. 4:211
17 to conduct racehorse wagering in its sports book lounge if the terms of the
18 agreement have been approved by the board and the Louisiana State Racing
19 Commission as required by R.S. 4:213(B) and the pari-mutuel wagering is
20 conducted in accordance with the agreement.
21 (2) A sports wagering licensee that is an association as defined in R.S.
22 4:143 and is also the holder of a license as defined in R.S. 27:353 and provided
23 for in Chapter 7 of Title 27 of the Louisiana Revised Statutes of 1950, may
24 conduct pari-mutuel wagering in its retail sports book lounge if the pari-mutuel
25 wagering is conducted in accordance with a board and Louisiana State Racing
26 Commission approved plan of operation as required in R.S. 4:213(C).
27 (3) The board may reconsider and withdraw its approval of an
28 agreement or plan of operation upon a finding of noncompliance with the terms
29 of the agreement or plan.
30 * * *
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1 §629. Pari-mutuel wagering; commissions, fees, and other deductions
2 Any commissions, fees, and other deductions on racehorse wagering shall
3 be in accordance with Chapter 4 of Title 4 of the Louisiana Revised Statutes of
4 1950.
5 Section 3. The provisions of this Act enacting R.S. 4:164 and R.S. 27:393.1 shall
6 supercede the conflicting provisions of the Act which originated as House Bill No. 1055 of
7 the 2022 Regular Session enacting R.S. 4:164 and R.S. 27:393.1.
8 Section 4. This Act shall become effective upon signature by the governor or, if not
9 signed by the governor, upon expiration of the time for bills to become law without signature
10 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
11 vetoed by the governor and subsequently approved by the legislature, this Act shall become
12 effective on the day following such approval.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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