2023 Regular Session ENROLLED SENATE BILL NO. 144 BY SENATOR CORTEZ AND REPRESENTATIVES BACALA, BRYANT, FISHER, HUGHES, LARVADAIN, MARCELLE, NEWELL, PIERRE, SELDERS, THOMPSON AND W ILLARD Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. 1 AN ACT 2 To amend and reenact R.S. 4:147(1) and (3), 214.1, and 218.1, relative to horse racing; to 3 provide for duties of the commission; to provide for the number of live horse racing 4 dates; to decrease the license fee collected for historical horse racing; to provide for 5 distribution of collected fees; and to provide for related matters. 6 Be it enacted by the Legislature of Louisiana: 7 Section 1. R.S. 4:147(1) and (3), 214.1, and 218.1 are hereby amended and reenacted 8 to read as follows: 9 §147. Specific duties of commission 10 The commission shall carry out the provisions of this Part, including the 11 following specific duties: 12 (1)(a) To assign the dates race meetings may be conducted in this state at a 13 any particular track, including dates which limit racing at a particular track for 14 quarter horses only, provided that: 15 (i) It To the extent possible, it shall prohibit the conducting of any 16 thoroughbred race meetings having the same or overlapping dates for such race 17 meetings at thoroughbred race tracks within a radius of one hundred miles of each 18 other the state. 19 (ii) It To the extent possible, it shall prohibit the conducting of any 20 exclusively quarter horse race meetings having the same or overlapping dates for 21 such race meetings at any other exclusively quarter horse track within a radius of one 22 hundred miles of each other the state. 23 (b) To set the minimum number of live races required per race day at a any 24 particular track. Page 1 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 144 ENROLLED 1 * * * 2 (3)(a) To make an annual report to the governor and the legislature of its 3 operation, its own actions and rulings, and the receipts derived under the provisions 4 of this Part; and to offer such practical suggestions as it deems proper to accomplish 5 more fully the purposes of this Part. 6 (b) To make an annual report to the governor and the legislature 7 regarding the race calendar, field size, the number of races, handle, attendance, 8 the effect of overlapping race days compared to previous years, and any other 9 relevant matters along with any recommendations to improve the racing 10 industry in the state. 11 * * * 12 §214.1. Minimum live racing dates; offtrack and other authorized wagering 13 A. An association shall not be licensed to conduct offtrack or other 14 authorized wagering in the state unless it conducts live horse racing for not less than 15 one hundred thirty one hundred twenty-two racing days within each fifty-two week 16 period at the facility designated in its license. Of the required one hundred thirty one 17 hundred twenty-two racing days, not less than eighty-four seventy-six days shall 18 be thoroughbred horse racing days conducted during no more than twenty-one 19 consecutive weeks and not less than forty-six days shall be quarter horse racing days 20 conducted during no more than twelve consecutive weeks. The foregoing minimum 21 racing requirements are mandatory unless the association is prevented from live 22 racing as a result of a natural disaster, an act of God, force majeure, a catastrophe, 23 or such other occurrence over which the association has no control. When a 24 pari-mutuel wagering facility and a related offtrack betting facility are sold, the 25 purchaser shall conduct the minimum number of live racing days, including the 26 minimum quarter horse racing days, required by this Section as a condition of 27 operating the offtrack betting facility. 28 B. Notwithstanding any provision of law to the contrary, at any facility 29 subject to the provisions of R.S. 27:372.1(A), the facility shall maintain a minimum 30 of eighty seventy-six thoroughbred horse racing days conducted during twenty Page 2 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 144 ENROLLED 1 consecutive weeks and not less than fifteen days of quarter horse racing conducted 2 during five consecutive weeks. The racing days provided for in this Subsection shall 3 be conducted within a fifty-two week period. The foregoing minimum racing 4 requirements are mandatory unless the association is prevented from live racing as 5 a result of a natural disaster, an act of God, force majeure, a catastrophe, or such 6 other occurrence over which the association has no control. When a pari-mutuel 7 wagering facility and a related offtrack betting facility are sold, the purchaser shall 8 conduct the minimum number of live racing days, including the minimum quarter 9 horse racing days, required by this Section as a condition of operating the offtrack 10 betting facility. 11 C. Notwithstanding Subsections A and B of this Section, the commission 12 may reduce the number of race days by up to twenty-one upon a showing by the 13 association and the Horsemen's Benevolent and Protection Association that the 14 reduction would be in the best interests of the industry. 15 D. If the association and the Horsemen's Benevolent and Protection 16 Association cannot reach an agreement pursuant to Subsection C of this 17 Section, the commission may, by a two-thirds vote of the membership, reduce 18 the number of race days by up to twenty-one upon a showing by the association 19 that without the reduction of race days the association would experience 20 imminent financial distress. The commission shall examine all financial records 21 of the association and any relevant financial records of any affiliates for the 22 purpose of determining equitable cost allocation. Any examination of financial 23 records shall be confidential. After the examination, the commission shall 24 release a summary of relevant facts, but any proprietary information or trade 25 secrets shall remain confidential. 26 * * * 27 §218.1. Historical horse racing fee authorization 28 The commission may shall collect a license fee not to exceed four of one and 29 one-half percent of the total amount wagered at each offtrack wagering facility on 30 historical horse racing to cover administrative costs. The fee shall be allocated as Page 3 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 144 ENROLLED 1 follows: 2 (1) Sixty-seven percent to the commission. 3 (2) Eleven and one-half percent to the Louisiana Thoroughbred Breeders 4 Association for promotion of the appropriate breeding industry and for breeder 5 awards. 6 (3) Five percent to the Louisiana Quarterhorse Breeders Association for 7 promotion of the appropriate breeding industry and for breeder awards. 8 (4) Eight and one-quarter percent to the parish governing authority 9 where the offtrack wagering facility is located. When a facility is located within 10 the corporation limits of a city, town, or municipality, one-half of the total funds 11 allocated pursuant to the provisions of this Paragraph shall be disbursed to the 12 governing authority of that city, town, or municipality. 13 (5) Eight and one-quarter percent to the sheriff of the parish where the 14 offtrack wagering facility is located. When a facility is located within the 15 corporation limits of a city, town, or municipality, one-half of the total funds 16 allocated pursuant to the provisions of this Paragraph shall be disbursed to the 17 police department of that city, town, or municipality. 18 Section 2. This Act shall become effective upon signature by the governor or, if not 19 signed by the governor, upon expiration of the time for bills to become law without signature 20 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If 21 vetoed by the governor and subsequently approved by the legislature, this Act shall become 22 effective on the day following such approval. PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED: Page 4 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.