HLS 24RS-2149 ORIGINAL
2024 Regular Session
HOUSE BILL NO. 948
BY REPRESENTATIVE BOYER
RACING/HORSE: Provides relative to historical horse racing
1 AN ACT
2To amend and reenact R.S. 4:143(4), 148, 211(6), 213(A)(2), 214(L) and (M)(1) and (2),
3 216(E)(1) and (3), 217(E), 218.1(introductory paragraph), relative to historical horse
4 racing; to provide for definitions; to provide for rules, regulations, and conditions;
5 to provide for offtrack wagering facilities; to provide for commissions on wagers;
6 to provide for the designation and distribution of purse supplements; to provide for
7 historical horse racing fee authorization; to provide for an effective date; and to
8 provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 4:143(4), 148, 211(6), 213(A)(2), 214(L) and (M)(1) and (2),
11216(E)(1) and (3), 217(E), 218.1(introductory paragraph) are hereby amended and reenacted
12to read as follows:
13 §143. Definitions
14 Unless the context indicates otherwise, the following terms shall have the
15 meaning ascribed to them below:
16 * * *
17 (4) "Historical Historic horse racing" means a form of horse racing that
18 creates pari-mutuel pools from wagers placed on horse races previously run at a
19 pari-mutuel facility licensed in the United States; concluded with official results; and
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1 concluded without scratches, disqualifications, or dead-heat finishes through
2 machines permitted and authorized by the commission.
3 * * *
4 §148. Rules, regulations, and conditions
5 The commission shall make rules, regulations, and conditions for the holding,
6 conducting, and operating of all race tracks, race meets, and races held in this state,
7 historical historic horse racing, and for the conduct of the racing industry of this state
8 under this Part. Special rules, regulations, and conditions may be promulgated
9 separately for thoroughbred racing and for quarter horse racing. The rules,
10 regulations, and conditions shall be consistent with this Part and provide for and deal
11 with all matters necessary to the holding of such race meetings and pari-mutuel
12 wagering.
13 * * *
14 §211. Definitions
15 Unless the context indicates otherwise, the following terms shall have the
16 meaning ascribed to them below:
17 * * *
18 (6) "Net commission" means the commission retained by a licensee on
19 pari-mutuel wagers on historical historic horse races, less breakage, settlements, and
20 taxes applicable to such wagers.
21 * * *
22 §213. Offtrack wagering facilities; establishment; sports book lounge
23 A. In addition to the rights granted in R.S. 4:149.2, any association licensed
24 by the commission may conduct pari-mutuel wagering and engage in all necessary
25 activities to establish appropriate offtrack wagering facilities to accomplish this
26 purpose. Such activities shall include but not be limited to:
27 * * *
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1 (2) Historical Historic horse racing on the premises of offtrack wagering
2 facilities via dedicated machines or personal mobile devices.
3 * * *
4 §214. Offtrack wagering facilities; licensing; criteria; management; appeal of
5 license suspension or revocation; limitation on facilities with historical
6 historic horse racing
7 * * *
8 L.(1) No primary licensee may operate more than five offtrack wagering
9 facilities in which historical historic horse racing is permitted.
10 (2) Notwithstanding Paragraph (1) of this Subsection, any primary licensee
11 that operates more than five offtrack wagering facilities as of July 1, 2021, may
12 conduct historical historic horse racing at all of its licensed facilities. However,
13 historical historic horse racing shall not be authorized at any future offtrack wagering
14 facility for that primary licensee if the primary licensee is operating more than five
15 offtrack wagering facilities. If any of the primary licensee's existing licensed offtrack
16 wagering facilities on July 1, 2021, cease to be a licensed offtrack wagering facility
17 for reasons other than force majeure, the number of offtrack wagering facilities
18 allowed to conduct historical historic horse racing for that primary licensee shall be
19 reduced by the number of its offtrack wagering facilities that cease to be licensed
20 until such time as the primary licensee is reduced to no more than five licensed
21 offtrack wagering facilities allowed to conduct historical historic horse racing.
22 (3) Each primary licensee or licensed offtrack wagering facility shall not
23 place more than fifty historical historic horse racing machines into service at any
24 given time.
25 (4) In addition to the requirements of Paragraph (3) of this Subsection, an
26 application from an eligible facility to conduct historical historic horse racing in
27 Orleans Parish may be approved by the commission only after the Amended and
28 Renegotiated Casino Operating Contract entered into pursuant to R.S. 27:201 et seq.
29 on October 30, 1998, as amended, is amended to provide that the conducting of
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1 historical historic horse racing at the eligible facility in Orleans Parish shall not
2 constitute an exclusivity violation or prohibited land-based gaming as defined in
3 such contract and such amendment to the contract is approved by the Joint
4 Legislative Committee on the Budget as required by the provisions of Section 3.B
5 of Act No. 1 of the 2001 First Extraordinary Session of the Legislature.
6 M.(1) Historical Historic horse racing shall not be conducted via a machine
7 or website or mobile application beyond the property of the pari-mutuel facility or
8 offtrack wagering facility.
9 (2) Historical Historic horse racing shall not be conducted at an offtrack
10 wagering facility located in a sports book lounge.
11 * * *
12 §216. Commissions on wagers
13 * * *
14 E. Notwithstanding, and in lieu of, any other provisions of law, historical
15 historic horse races and wagers thereon shall be subject to the following provisions:
16 (1) Commissions on wagers on historical historic horse races made at
17 offtrack wagering facilities shall not exceed twelve percent of all wagers and shall
18 be set by the licensee and approved by the commission. The offtrack wagering
19 facility where the wager is made may either retain the breakage on such wagers or
20 include the breakage in the applicable historical historic horse racing pari-mutuel
21 pool or pools. Commissions shall be deducted and retained by the licensee of the
22 offtrack wagering facility where the wager is made.
23 * * *
24 (3) R.S. 4:149.3, 149.5, 161, 161.1, 161.2, 162, 163.1, 165, 166, 166.1
25 through 166.7, 167, 177, 183, 218, and 220 shall not apply to historical historic
26 racing or the licensee with respect to historical historic racing.
27 * * *
28 §217. Purse supplements; designation and distribution
29 * * *
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1 E. Notwithstanding, and in lieu of, any other provision of law, the monies
2 designated for purses under the provisions of R.S. 4:216(E) from wagers placed at
3 offtrack wagering facilities on historical historic horse races shall be distributed in
4 the same manner as set forth in R.S. 27:438(B) as in effect at the time of any such
5 distribution, and if R.S. 27:438(B)(2)(a) becomes effective, any such quarter horse
6 purse supplements shall not be included in the calculation of the applicable
7 maximum of one million dollars per state fiscal year and the settlement amount as
8 set forth therein.
9 * * *
10 §218.1. Historical Historic horse racing fee authorization
11 The commission shall collect a license fee of one and one-half percent of the
12 total amount wagered at each offtrack wagering facility on historical historic horse
13 racing. The fee shall be allocated as follows:
14 * * *
15 Section 2. This Act shall become effective upon signature by the governor or, if not
16signed by the governor, upon expiration of the time for bills to become law without signature
17by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
18vetoed by the governor and subsequently approved by the legislature, this Act shall become
19effective on the day following such approval.
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)]
HB 948 Original 2024 Regular Session Boyer
Abstract: Provides for historical horse racing.
Present law provides for historical horse racing.
Present law provides for the definitions of "historical horse racing" and "net commission".
Present law provides that the La. Racing Commission (commission) shall make rules,
regulations, and conditions for the holding, conducting, and operating of all race tracks, race
meets, and races held in this state, historical horse racing, and for the conduct of the racing
industry of this state under present law and proposed law.
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HB NO. 948
Present law provides that any association licensed by the commission may conduct pari-
mutuel wagering and engage in all necessary activities to establish appropriate offtrack
wagering facilities to accomplish this purpose which include historical horse racing on the
premises of offtrack wagering facilities via dedicated machines or personal mobile devices.
Present law provides for what circumstances a licensee may operate a licensed offtrack
wagering facility where historical horse racing is permitted.
Present law provides for what present law does not apply to historical horse racing.
Present law provides for the distribution of monies from wagers placed on historical horse
races.
Present law provides for historical horse racing fee authorization.
Proposed law amends present law to change all references from historical horse racing to
historic horse racing.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 4:143(4), 148, 211(6), 213(A)(2), 214(L) and (M)(1) and (2), 216(E)(1) and
(3), 217(E), 218.1(intro. para.))
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