RS 147.1 - Commission; purse supplements; additional or substitute races and race days; force majeure
A. For the purposes of this Section, "eligible facility" has the same meaning as that term defined in R.S. 27:353(4).
B. If the commission determines that a licensed eligible facility is affected and therefore unable to conduct all or part of a scheduled race meet, authorized by the commission, due to a natural disaster, an act of God, force majeure, a catastrophe, or such other occurrence over which the eligible facility has no control, the commission notwithstanding any other law:
(1) May authorize additional or substitute races and race days up to the number of races or race days that are unable to be conducted at the affected licensed eligible facility to be conducted at another licensed eligible facility. Upon such authorization of additional or substitute races and race days, the commission shall order the transfer of a pro rata portion of the annual net slot machine proceeds received for purses from slot machine gaming operations and those other monies received which are dedicated by law to purses at the affected licensed eligible facility to the other licensed eligible facility in order to supplement purses for horse races at the other licensed eligible facility conducting the additional or substitute races and race days. The funds so transferred shall be proportional in amount to the number of races held at each of the two eligible facilities during the entirety of the time period of the scheduled race meet, if any, and the time period of the additional or substitute races and race days. The funds transferred pursuant to this Section shall be used exclusively for the purses of the additional or substitute races.
(2) Shall meet, subsequent to November 10, 2005, and authorize a revised race meet for the affected licensed eligible facility that reflects the number of races and race days, if any, the commission determines is reasonable under the circumstances.
C. Upon notification by the affected licensed eligible facility and verification by the commission, that the affected licensed eligible facility is capable of resuming races in accordance with the revised race meet schedule, if any, the commission shall authorize and order the transfer of races and race days and any remaining transferred purse funds back to the formerly affected licensed eligible facility upon a finding by the commission that said action is reasonable under the circumstances.
NOTE: Subsection D eff. until the Class Action Settlement Agreement in Soileau v. Churchhill Downs La. Horseracing Co. is approved by the court and becomes final and non-appealable. See Acts 2020, No. 342.
D. Notwithstanding any provision of law to the contrary and upon agreement of the Horsemen's Benevolent and Protective Association and the involved licensed eligible facilities, the commission may approve the transfer of slot machine proceeds received for thoroughbred race purses from one licensed eligible facility to another licensed eligible facility to supplement thoroughbred purses at a thoroughbred race meet. Funds transferred pursuant to this Subsection shall be awarded within one year of the date of transfer.
NOTE: Subsection D eff. when the Class Action Settlement Agreement in Soileau v. Churchhill Downs La. Horseracing Co. is approved by the court and becomes final and non-appealable. See Acts 2020, No. 342.
D.(1) Notwithstanding any provision of law to the contrary and upon agreement of the Horsemen's Benevolent and Protective Association and the involved licensed eligible facilities, the commission may approve the transfer of slot machine proceeds received for thoroughbred race purses from one licensed eligible facility to another licensed eligible facility to supplement thoroughbred purses at a thoroughbred race meet. Funds transferred pursuant to this Paragraph shall be awarded within one year of the date of transfer.
(2) Notwithstanding any provision of law to the contrary and upon agreement of the Horsemen's Benevolent and Protective Association and the involved licensed eligible facilities, the commission may approve the transfer of slot machine proceeds received for quarter horse race purses from one licensed eligible facility to another licensed eligible facility to supplement quarter horse purses at a quarter horse race meet. Funds transferred pursuant to this Paragraph shall be awarded within one year of the date of transfer.
NOTE: Subsection E eff. when the Class Action Settlement Agreement in Soileau v. Churchhill Downs La. Horseracing Co. is approved by the court and becomes final and non-appealable. See Acts 2020, No. 342.
E. Notwithstanding any provision of law to the contrary and upon agreement of the Horsemen's Benevolent and Protective Association and the involved licensed eligible facilities, the commission may approve the transfer of a race meet, for either or both thoroughbred races and quarter horse races, from one licensed eligible facility to another licensed eligible facility. The transfer of a race meet pursuant to the provisions of this Subsection includes the transfer of all applicable purse funds that would have been required to be paid at the race meet. All existing statutes governing the payment of purses required at the licensed eligible facility receiving the race meet shall remain in full force and effect as if the race meet had not been moved to the licensed eligible facility receiving the race meet.
Acts 2005, 1st Ex. Sess., No. 49, §1, eff. Dec. 6, 2005; Acts 2018, No. 575, §1, eff. May 30, 2018; Acts 2020, No. 342, §1, see Act.