This section sets commission rates for wagers at offtrack wagering facilities and requires licensees to retain and disburse certain amounts for horsemen’s purses.
§216. Commissions on wagers A. Notwithstanding any other provisions of law, commissions on wagers made at offtrack wagering facilities shall be as follows: (1) On win, place, and show bets, seventeen percent. (2) On exotic wagers involving the selection of two horses, twenty and one-half percent. (3) On exotic wagers involving the selection of three or more horses, twenty-five percent. (4) In addition to the commission provided above, the offtrack wagering facility where the wager is made is entitled to retain the breakage on such wagers, which is understood to be the amount of money remaining after paying off bettors. B. Commissions shall be deducted and retained by the licensee of the offtrack wagering facility where the wager is made. C.(1) From such commissions, and except when the primary licensee is conducting offtrack wagering at its racing facility, on all wagers made at an offtrack wagering facility, the following amounts thereof shall be used for disbursement by the licensee to supplement horsemen's purses in accordance with the provisions of R.S. 4:217: (a) When the total of all daily wagers at an offtrack wagering facility is less than fifteen thousand dollars, five and one-half percent of such wagers. (b) When the total of all daily wagers at an offtrack wagering facility is fifteen thousand dollars or more but less than twenty-five thousand dollars, eight hundred twenty-five dollars plus six percent of all such wagers in excess of fifteen thousand dollars. (c) When the total of all daily wagers at an offtrack wagering facility is twenty-five thousand dollars or more, one thousand four hundred twenty-five dollars plus six and one-half percent of all such wagers in excess of twenty-five thousand dollars. (2) When the primary licensee is conducting offtrack wagering at its racing facility, from such commissions, six and one-half percent of all daily wagers made at the facility shall be used for disbursement by the licensee to supplement horsemen's purses in accordance with the provisions of R.S. 4:217. (3) When daily wagers at the offtrack wagering facility are placed on racing events from more than one host track, the total daily monies designated for horsemen's purses under this Subsection shall be distributed pro rata to each host track based on monies wagered at that offtrack wagering facility on racing events from host tracks on that day. (4) In addition to the commissions provided for in Paragraphs (1) and (2) of this Subsection, on exotic wagers on two or more horses placed at offtrack facilities, the licensee shall disburse an amount equal to one and one-half percent of the amount so wagered to be used to supplement horsemen's purses in accordance with the provisions of R.S. 4:217. (5) Notwithstanding the provisions of Paragraphs (1), (2), and (4) of this Subsection, when an offtrack wagering facility has not conducted pari-mutuel wagering at its facility prior to July 1, 1991, and for a twenty-four month period commencing the first day on which pari-mutuel wagering is conducted at that facility, from such commissions, five and one-half percent of all daily wagers made at the facility shall be used for disbursement by the licensee to supplement horsemen's purses in accordance with the provisions of R.S. 4:217. After the twenty-four month period has expired, purse supplements shall be calculated according to the provisions of Paragraphs (1), (2), and (4) of this Subsection. D. Any fees authorized pursuant to R.S. 4:218 shall be collected from the commissions authorized in this Section. E. Notwithstanding, and in lieu of, any other provisions of law, historical horse races and wagers thereon shall be subject to the following provisions: (1) Commissions on wagers on historical horse races made at offtrack wagering facilities shall not exceed twelve percent of all wagers and shall be set by the licensee and approved by the commission. The offtrack wagering facility where the wager is made may either retain the breakage on such wagers or include the breakage in the applicable historical horse racing pari-mutuel pool or pools. Commissions shall be deducted and retained by the licensee of the offtrack wagering facility where the wager is made. (2) The licensee shall disburse twenty percent of the net commission to supplement horsemen's purses in accordance with the provisions of R.S. 4:217(E). (3) R.S. 4:149.3, 149.5, 161, 161.1, 161.2, 162, 163.1, 165, 166, 166.1 through 166.7, 167, 177, 183, 218, and 220 shall not apply to historical racing or the licensee with respect to historical racing. Acts 1987, No. 203, §1, eff. June 30, 1987; Acts 1991, No. 161, §1, eff. Jan. 1, 1992; Acts 1992, No. 391, §1, eff. June 18, 1992; Acts 2021, No. 437, §1, eff. June 21, 2021.