§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.
D.(1) Notwithstanding any provision of law to the contrary and upon agreement of
the Horsemen's Benevolent and Protective Association and the licensed eligible facilities
transferring and receiving purse funds, the commission may approve the transfer of any purse
funds 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 licensed eligible facilities
transferring and receiving purse funds, the commission may approve the transfer of any purse
funds 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.
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, eff. July 12, 2022; Acts 2024, No. 642, §1.